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CITY AND COUNTY OF

SAN FRANCISCO

MUNICIPAL CODE

POLICE CODE

MUNICIPAL CODE CORPORATION

Tallahassee, Florida

2006

CITY AND COUNTY OF SAN FRANCISCO
MUNICIPAL CODE

Charter

Administrative Code

Building and Related Technical Codes

Business and Tax Regulations Code

Campaign and Governmental Conduct Code

Environment Code

Fire Code

Health Code

Municipal Elections Code

Park Code

Planning Code

Police Code

Port Code

Public Works Code

Subdivision Code

Traffic Code

Zoning Maps

Supp. No. 1, September 2006

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Supp. No. 1, September 2006

PREFACE TO THE
POLICE CODE

The San Francisco Municipal Code contains ordinances enacted through
Ordinance 75-08, File Number 071531, Approved May 9, 2008. A
legislative history, containing ordinance number and approval date, is
located at the conclusion of most sections. The legislative history of
ordinances approved after March 1999 also contain Board of Supervi-
sors file numbers.

Supp. No. 16, April 2008

[INTENTIONALLY LEFT BLANK]

Supp. No. 16, April 2008

POLICE CODE

Article Page

1. PUBLIC NUISANCES 7

1.1. REGULATING THE USE OF VEHICLES FOR HUMAN HABITATION . 51

1.2. DISCRIMINATION IN HOUSING AGAINST FAMILIES WITH MINOR
CHILDREN 63

1.3. TEMPORARY MORATORIUM ON RENTAL INCREASES RENT ROLL-
BACK BASED UPON APRIL 15, 1979, RENTAL RATES AND REFUND-
ING ANY RENT INCREASES 71

1.4. [RESERVED] 79

1.5. DISPLAY OF LIFE AND PROPERTY CONSERVATION DECALS 89

2. DISORDERLY CONDUCT 95

3. GAMES OF CHANCE 119

4. PARADES 131

4.1. [RESERVED] 143

4.2. [RESERVED] 153

4.3. [RESERVED] 163

4.4. [RESERVED] 173

4.5. FUNERAL PROCESSION ESCORTS 183

5. OFFENSIVE POWDERS 197

6. FRAUD AND DECEIT 205

7. ANIMALS AND BIRDS 215

7.1. HORSE-DRAWN VEHICLES 219

8. MINORS 235

9. MISCELLANEOUS CONDUCT REGULATIONS 253

9.1. [RESERVED] 331

9.2. [RESERVED] 341

9.3. [RESERVED] 351

9.4. [RESERVED] 361

9.5. PROHIBITING OF PROFESSIONAL STRIKEBREAKERS 371

9.6. REGULATIONS FOR SOLICITATION FOR CHARITABLE PURPOSES. 379
10. REGULATIONS FOR ADVERTISING 417

San Francisco— Police Code 2

Article Page

10.1. REGULATING EXPOSURE OF PHOTOGRAPHS, CARTOONS OR DRAW-
INGS ON NEWSRACKS 435

10.2. REGULATION OF COMPUTER RENTAL BUSINESSES 441

11. REGULATIONS FOR AMUSEMENTS 449

11.1. COMMERCIAL DISPLAY OF DEAD HUMAN BODIES 461

11.2. REGULATIONS FOR ADULT THEATERS AND ADULT BOOKSTORES
PERMIT AND LICENSE PROVISIONS 469

12. REGULATIONS FOR AUTOMOBILES 477

13. MISCELLANEOUS REGULATIONS FOR PROFESSIONS AND TRADES. 499
13.1. JUNK DEALERS— PERMIT AND REGULATION 535

14. LICENSES FOR ADVERTISING 551

15. LICENSES FOR AMUSEMENTS 561

15.1. ENTERTAINMENT REGULATIONS PERMIT AND LICENSE PROVI-
SIONS 605

15.2. ENTERTAINMENT REGULATIONS FOR EXTENDED-HOURS PRE-
MISES 621

15.3. PROHIBITING NUDE PERFORMERS, WAITERS AND WAITRESSES . 643

15.4. ENCOUNTER STUDIOS 651

15.5. NUDE MODELS IN PUBLIC PHOTOGRAPHY STUDIOS 683

15.6. ESCORT SERVICES 711

16. REGULATIONS FOR MOTOR VEHICLES FOR HIRE 729

17. MISCELLANEOUS LICENSE REGULATIONS 805

17.1. REGULATIONS FOR FORTUNETELLING; PERMIT AND LICENSE
PROVISIONS 827

17.2. REGULATIONS FOR MOBILE CATERERS PERMIT AND LICENSE
PROVISIONS 841

17.3. PERMIT REGULATIONS FOR PUSHCART PEDDLERS AND PUSH-
CART OPERATORS CONCERNING PRODUCTS FOR HUMAN CON-
SUMPTION 867

18. SAN FRANCISCO POLICE PISTOL RANGE 881

19. DISPOSAL OF UNCLAIMED PROPERTY 893

20. REPRODUCING AND FURNISHING REPORTS 901

21. AIR TRAVEL TICKET BUSINESS 909

22. CITATIONS FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE
HEALTH CODE AND POLICE CODE 917

3 San Francisco — Police Code

Article Page

23. REGULATIONS FOR PORT AREA . 927

24. REGULATING STREET ARTISTS 941

25. REGULATIONS FOR PRIVATE PROTECTION AND SECURITY SER-
VICES 961

26. REGULATIONS FOR PUBLIC BATH HOUSES 979

27. [RESERVED] 995

28. REGULATIONS FOR PAWNBROKERS PERMIT AND LICENSE PRO-
VISIONS 1011

29. REGULATION OF NOISE 1031

30. PERMITS FOR TOW CAR DRIVERS 1051

30.1. PERMITS FOR TOW CAR FIRMS 1063

31. REGULATIONS FOR TEMPORARY HELIPORTS AND PERMIT PRO-
VISIONS 1075

32. REGULATIONS FOR CONDUCTING BINGO GAMES 1083

32A. REGULATIONS FOR CONDUCTING POKER GAMES 1099

33. PROHIBITING DISCRIMINATION BASED ON RACE, COLOR, ANCES-
TRY, NATIONAL ORIGIN, PLACE OF BIRTH, SEX, AGE, RELIGION,
CREED, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY,
WEIGHT, OR HEIGHT 1117

33A. PROHIBITION OF EMPLOYER INTERFERENCE WITH EMPLOYEE
RELATIONSHIPS AND ACTIVITIES AND REGULATIONS OF EM-
PLOYER DRUG TESTING OF EMPLOYEES 1133

33B. PROHIBITION AGAINST DISCRIMINATION BY CLUBS OR ORGANI-
ZATIONS WHICH ARE NOT DISTINCTLY PRIVATE 1141

33C. DISPLACED WORKER PROTECTION 1151

33D. GROCERY WORKER RETENTION 1159

34. REGULATIONS FOR PHOTOGRAPHERS— PERMIT AND LICENSE
PROVISIONS 1163

35. FIREARM STRICT LIABILITY ACT 1177

35A. REPEALED 1185

36. PROHIBITING THE CARRYING OF A FIREARM WHILE UNDER THE
INFLUENCE OF AN ALCOHOLIC BEVERAGE OR DRUG, OR POSSES-
SION OF A FIREARM WHILE UPON PUBLIC PREMISES SELLING

OR SERVING ALCOHOLIC BEVERAGES 1195

36A. [SALE, MANUFACTURE AND DISTRIBUTION OF FIREARMS AND

AMMUNITION; POSSESSION OF HANDGUNS] 1207

Supp. No. 2, October 2006

San Francisco— Police Code 4

Article Page

37. POLICE EMERGENCY ALARM ORDINANCE 1213

38. PROHIBITING DISCRIMINATION ON THE BASIS OF AIDS AND
ASSOCIATED CONDITIONS 1245

39. PEDICABS 1271

40. DRUG FREE WORKPLACE ORDINANCE 1285

41. PROHIBITING THE SALE OR POSSESSION OF REPLICA HYPODER-
MIC NEEDLES OR SYRINGES 1307

42. SALE AND DISPLAY OF AEROSOL PAINT CONTAINERS AND MARKER
PENS 1319

42A. COLOR TIRES 1327

42B. MERCURY THERMOMETERS 1333

42C. [RESERVED] 1343

42D. SALE AND DISPLAY OF PRODUCTS CONTAINING HYDROFLUORIC

ACID 1353

43. ACCESS TO HEALTH CARE FACILITIES 1363

44. [RESERVED] 1375

45. FIREARMS AND WEAPONS VIOLENCE PREVENTION ORDINANCE. 1385

46. PROHIBITING SELF-SERVICE MERCHANDISING OF TOBACCO
PRODUCTS EXCEPT IN PLACES TO WHICH MINORS HAVE NO
ACCESS 1393

47. PERSONAL WATERCRAFT 1405

48. LASER POINTERS 1415

49. REPEALED 1421

INDEX 1425

Supp. No. 2, October 2006

ARTICLE 1: PUBLIC NUISANCES

Sec. 1.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

2.1.

2.2.

2.3.

2.4.

2.5.

Sec. 2.6.

Sec. 2.7.

Sec. 2.8.

Sec. 2.9.

Sec. 2.10.
Sec. 2.11.

Sec. 2.12.
Sec. 2.13.
Sec. 2.14.

Sec. 2.15.
Sec. 2.16.

Sec. 2.17.

Sec. 2.19.

Sec. 2.20.

Sec. 2.21.

Sec. 2.22.

Sec. 2.23.

Sec. 2.24.

Sec. 2.25.

Sec. 2.26.

Ark, Boat, Vessel, Dumping, Sec. 2.26.1.

Etc., of, Prohibited.

Purpose. Sec. 2.27.

Definitions.

Fee Setting Procedure.

General Provisions.

Manner of Applying for Permit. Sec. 2.27.1.

Investigation by the Police

Department. Sec. 2.28.

Discretionary Powers. Sec. 2.29.

Transfer of Permits. Sec. 2.30.

Tax Collector to Deliver Permit.

Permits Issued by the Police Sec. 2.31.

Department. Sec 13

Annual Renewal.

Quarterly Permits to Become g ec ^3

AnnuaL Sec! 2L

Power of Revocation.

Right of Appeal.

License Fees not Refundable

Upon Revocation of Permit. g ec 22.

Filing Fees not Refundable.

Penalties for Nonpayment of

License Fees.

Revocation of Permit for Sec. 23.

Nonpayment of Permits or

Licenses.

Not Exempted from Paying

Other Fees.

Permitting Substitutes for Sec. 24.

Metal Badges.

Payment for Badge.

Payment for Identification Card.

Compliance.

Surrender of Permit. Sec. 25.

Determination of Percentage of

Fees Credited to Other

Departments.

Schedule of Permits and Filing Sec. 26.

Fees.

Schedule of Permits and Filing

Fees.

Schedule of License Fees for

Permits Issued by the Police

Department or Entertainment

Commission.

Schedule of License Fees for
Motor Vehicle For Hire Permits.
Fees for Closing-out Sales.
Additional License Fees.
Additional Fees — Motorized
Cable Cars.

Annual Adjustment of Fees.
Solicitation of Pedestrians
Prohibited; Penalty; Exception.
Penalty.

Consuming Alcoholic Beverages
on Public Streets, Etc., or on
Public Property Open to Public
View Prohibited; Penalty.
Obstructing Any Street,
Sidewalk, Passageway or Other
Public Way Prohibited; Penalty;
Exceptions.

Obstructing Any Street,
Sidewalk, Passageway or Other
Public Way Prohibited, Second
Offense Within 24 Hours;
Penalty; Exceptions.
Obstructing Any Street,
Sidewalk, Passageway or Other
Public Way Prohibited: Second
Offense Within 120 Days of
Conviction; Penalty; Exceptions.
Remaining Upon Private or
Business Property After Being
Requested to Leave; Penalty;
Exceptions.

Remaining Upon Private or
Business Property After Being

San Francisco — Police Code

Requested to Leave; Second
Offense Within 24 Hours;
Penalty; Exceptions.

Sec. 27. Remaining Upon Private or

Business Property After Being
Requested to Leave, Second
Offense Within 120 Days of
Conviction; Penalty; Exceptions.

Sec. 28. Kite Flying Prohibited Near

High Voltage Lines and
Broadcasting Towers.

Sec. 33. Rubbish, Etc., Throwing on

Streets Prohibited.

Sec. 34. Accumulation of Litter on

Sidewalks Prohibited.

Sec. 35. Cuspidors, etc., Not to be

Emptied on Sidewalk.

Sec. 35(a). Use of Sidewalk Trash or Litter
Receptacles.

Sec. 36. Tenant of Lower Flat

Responsible.

Sec. 37. Penalty.

Sec. 38. Enforcement of Litter Laws;

Designated Officers and
Employees.

Sec. 39. Procedure for Enforcement of

Litter Laws.

Sec. 39-1. Procedure for Assessment and

Collection of Administrative
Penalties for Specified Littering
and Nuisance Violations.

Sec. 43. Permits for Use of Loudspeaker

or Sound Amplifying Equipment
Outside Buildings or Out of
Doors.

Sec.

43.1.

Filing Fee.

Sec.

43.2.

License Fee.

Sec.

44.

"Person" Defined.

Sec.

45.

Exceptions — Radio, Television
Receiving Sets, Pedestrian
Operated Bullhorns.

Sec.

46.

Definitions, (a) "Sound Truck."
(b) "Sound Amplifying
Equipment."

Sec.

47.

Use of Sound Trucks,
Registration and Permit
Required.

Sec.

47.1.

Registration Statement
Amendment.

Sec.

47.2.

Regulations For Use.

Sec.

48.

License Required.

Sec.

49.

Unnecessary Noise, Authorized
Emergency Vehicles.

Sec.

50.

Severability.

Sec.

51.

Smoking in Enclosed Section of
Street Cars, Cable Cars, Motor
Coaches and Trolley Coaches
Prohibited.

Sec.

52.

Penalty.

Sec.

53.

Smoking Prohibited in Taxicabs
Where Sign Posted.

Sec.

53.1.

Penalty.

Sec.

55.

Smoking, Etc., on Wharves, Etc.

Sec.

55.1.

Open Flame or Electric Arc
Unlawful — Exception.

Sec.

56.

Authority to Make Rules.

Sec.

57.

Violation.

Sec.

58.

Exception.

Sec.

63.

Obstructions on Streets and
Sidewalks.

Sec.

64.

Exceptions.

Sec.

69.

Piling of Lumber and Timber
Regulated.

Sec.

74.

Hydrants, Obstruction of,
Prohibited.

Sec.

87.

Scattering Billposting Refuse
Prohibited.

Sec.

95.

Prohibiting the Free
Distribution of Tobacco in Public
Places; Penalty.

SEC. 1. ARK, BOAT, VESSEL, DUMPING,
ETC., OF, PROHIBITED.

It shall be unlawful for any person, firm,
association or corporation to dump or discard
any boat, vessel, barge, ark, or any floating
structure, on the shore line, or streets of the City
and County of San Francisco, that are now
submerged, or any portion of the City and County
of San Francisco inside of the boundary of the
State of California's property on the waterfront
of said City and County of San Francisco. (Added
by Ord. 1.075, App. 10/11/38)

Public Nuisances

Sec. 2.6.

SEC. 2. PURPOSE.

It is the intent of the Board of Supervisors
that the costs incurred by the City and County of
San Francisco (hereinafter the City) in process-
ing applications for permits issued by the Police
Department or Entertainment Commission, and
regulating activities authorized thereby, shall be
defrayed by filing fees and license fees (as here-
inafter defined), which fees are imposed solely
for the purpose of paying for the processing and
regulatory services provided. (Added by Ord.
555-81, App. 11/12/81; amended by Ord. 164-02,
File No. 020783, App. 7/26/2002)

SEC. 2.1. DEFINITIONS.

(a) Filing Fee. A filing fee is a fee levied by
the Department to reimburse it for all costs,
direct and indirect, including an allocatable por-
tion of fixed overhead costs, incurred in process-
ing any permit application or application for
amendment to a permit, and in conducting any
investigation connected therewith.

(b) License Fee. A license fee is a fee levied
by the Department on behalf of the City to
reimburse the City for the costs incurred by the
City in engaging in regulatory, inspection, and
police activities in connection with the type of
activity, business, profession, calling or event
authorized by each type of permit approved by
the San Francisco Police Department or Enter-
tainment Commission. (Added by Ord. 555-81,
App. 11/12/81; amended by Ord. 164-02, File No.
020783, App. 7/26/2002)

SEC. 2.2. FEE SETTING PROCEDURE.

Each year the Chief of Police and Executive
Director of the Entertainment Commission shall
cause a report to be made of the revenues re-
ceived from each type of fee collected by the
Police Department and Entertainment Commis-
sion, respectively, the costs incurred in providing
the services for which the fee is assessed, the
anticipated costs for the ensuing fiscal year and
the rates which would be necessary to support
such costs for each type of fee. Said report shall
be filed with the Controller no later than April

1st of each year pursuant to the provisions of
Section 3.17-2 of the San Francisco Administra-
tive Code.

The Controller shall file said report with the
Board of Supervisors no later than May 15th of
each year and the Board of Supervisors shall, by
ordinance, establish or readjust the rates for the
filing fees and license fees. The rates set shall be
equal to, but not greater than, the rates neces-
sary to support the costs of providing the services
for which each fee is assessed. (Added by Ord.
555-81, App. 11/12/81; amended by Ord. 193-05,
File No. 051027, App. 7/29/2005)

SEC. 2.3. GENERAL PROVISIONS.

A permit does not take the place of any
license required by law. A permit shall not be
transferable except as provided in this Code.
(Added by Ord. 555-81, App. 11/12/81)

SEC. 2.4. MANNER OF APPLYING FOR
PERMIT.

All applications for permits required by this
Code shall be made to the Police Department or
Entertainment Commission in the manner pre-
scribed in this Code and in Part III of the San
Francisco Municipal Code. (Added by Ord. 555-
81, App. 11/12/81; amended by Ord. 164-02, File
No. 020783, App. 7/26/2002)

SEC. 2.5. INVESTIGATION BY THE
POLICE DEPARTMENT.

When an application is filed with the Police
Department or Entertainment Commission for
any of the permits required by this Code, the
Police Department shall cause an investigation
to be made when required by this Code prior to
deciding whether to grant the permit. No permit
may be issued without such investigation when
it is required. (Added by Ord. 555-81, App. 11/12/
81; amended by Ord. 164-02, File No. 020783,
App. 7/26/2002)

SEC. 2.6. DISCRETIONARY POWERS.

The Police Department or Entertainment Com-
mission, as the case may be, may issue a permit
or in the exercise of the discretion provided in
Section 26, Part III of the San Francisco Munici-

Sec. 2.6.

San Francisco— Police Code

pal Code, the Police Department or Entertain-
ment Commission, as the case may be, may deny
the permit; provided, however that when the
approval of other City Departments is required,
no permit shall be issued without the approval of
such Departments. (Added by Ord. 555-81, App.
11/12/81; amended by Ord. 164-02, File No.
020783, App. 7/26/2002)

SEC. 2.7. TRANSFER OF PERMITS.

No permits issued by the Police Department
or Entertainment Commission, as the case may
be, are transferable except as expressly permit-
ted in this Code. All applications for transfer of
permit shall be made to the Police Department
or Entertainment Commission, as the case may
be, and shall be accompanied by the payment of
the same filing fee as for an initial application.
(Added by Ord. 555-81, App. 11/12/81; amended
by Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 2.8. TAX COLLECTOR TO
DELIVER PERMIT.

Upon approval of the permit by the Police
Department or Entertainment Commission, as
the case may be, said permit, except as provided
in Section 2.9 of this Article, shall be delivered to
the Office of the Tax Collector, where it shall be
delivered in turn to the applicant upon payment
to the Tax Collector of the license fee required by
law or ordinance. Written notice of the renewal,
annual or otherwise, of a permit shall be deliv-
ered to the applicant upon payment of the an-
nual license fee to the Tax Collector; but such
permit or license shall not be delivered to the
applicant by the Tax Collector if the Tax Collec-
tor receives written notification from the Police
Department or Entertainment Commission, de-
pending on which one has authority to approve
the particular type of permit or license, request-
ing that the issuance of such permit or license be
withheld. (Added by Ord. 555-81, App. 11/12/81;
amended by Ord. 164-02, File No. 020783, App.
7/26/2002)

SEC. 2.9. PERMITS ISSUED BY THE
POLICE DEPARTMENT OR
ENTERTAINMENT COMMISSION.

Since the following permits have no license in
connection therewith, they will not be delivered

to the Tax Collector, but will be issued directly
from the office of the Police Department or
Entertainment Commission, as the case may be.

Change in Color Scheme.

Closing-Out Sale.

Dance Hall Keeper, One Night Dance.
(Added by Ord. 555-81, App. 11/12/81; amended
by Ord. 164-02, File No. 020783, App. 7/26/2002;
Ord. 193-05, File No. 051027, App. 7/29/2005)

SEC. 2.10. ANNUAL RENEWAL.

Permits issued by the Police Department or
Entertainment Commission after the adoption of
this ordinance, with the exception of permits
issued for temporary operations, shall be valid
until the next annual renewal date as provided
in this Code or for one year from the date of
issuance when there is no annual renewal date,
unless revoked prior to such date. The permit
shall be renewed for the ensuing year and each
year thereafter upon payment of the annual
license fee. (Added by Ord. 555-81, App. 11/12/81;
amended by Ord. 164-02, File No. 020783, App.
7/26/2002)

SEC. 2.11. QUARTERLY PERMITS TO
BECOME ANNUAL.

Quarterly permits issued by the Police De-
partment prior to the adoption of this ordinance
shall be renewed each quarter until January 1,
1982, at which time the permits shall be issued
annually as provided in Section 2.10 of this
Article. (Added by Ord. 555-81, App. 11/12/81)

SEC. 2.12. POWER OF REVOCATION.

After written notice to the permittee, and
after a hearing conducted pursuant to the re-
quirements of Article I, Part III of the San
Francisco Municipal Code, the Police Depart-
ment or Entertainment Commission, as the case
may be, shall have the power to revoke or sus-
pend any permit issued by the Police Depart-
ment or Entertainment Commission, respec-
tively, under the provisions of this Code or Part
III of the San Francisco Municipal Code for
violations of any such provisions or written regu-
lations of any Department relating to the use of

Public Nuisances

Sec. 2.19.

the permit by the permittee, his agent or em-
ployee. Upon a determination that the permittee
has violated or attempted to violate the aforesaid
provisions of the Municipal Code or written
Departmental regulations, the Police Depart-
ment or Entertainment Commission, as the case
may be, shall revoke or suspend the permit. The
Police Department or Entertainment Commis-
sion, as the case may be, shall forward to the Tax
Collector, and any other City Department in-
volved in the issuance of such permit, written
notice of such revocation or suspension. (Added
by Ord. 555-81, App. 11/12/81; amended by Ord.
164-02, File No. 020783, App. 7/26/2002)

SEC. 2.13. RIGHT OF APPEAL.

Whenever an application for any permit pro-
vided for in this Code shall be denied or an
existing permit revoked or suspended, the per-
son aggrieved shall have the right to appeal to
the Board of Permit Appeals from such denial,
revocation or suspension. An appeal shall be
presented to the Board of Permit Appeals in the
manner prescribed in Article I, Part III of the
San Francisco Municipal Code. (Added by Ord.
555-81, App. 11/12/81)

SEC. 2.14. LICENSE FEES NOT
REFUNDABLE UPON REVOCATION OF
PERMIT.

License fees are not refundable upon the
revocation or suspension of any permit pursuant
to the provisions of Section 2.12 of this Article.
(Added by Ord. 555-81, App. 11/12/81)

SEC. 2.15. FILING FEES NOT
REFUNDABLE.

Filing fees are payable in advance and are
not refundable. (Added by Ord. 555-81, App.
11/12/81)

SEC. 2.16. PENALTIES FOR
NONPAYMENT OF LICENSE FEES.

All license fees are payable when due, unless
otherwise provided, at the office of the Tax Col-
lector, in the City Hall, and if a license fee is not
paid within 30 days after the same becomes due,
the Tax Collector shall add 10 percent to the

amount of the stated fee as a penalty for nonpay-
ment. If the license fee is not paid within 60 days
after the same becomes due, the Tax Collector
shall increase the penalty for nonpayment to 15
percent of the amount of the stated fee. If the
license fee is not paid within 90 days after the
same becomes due, the Tax Collector shall in-
crease the penalty for non-payment to 25 percent
of the amount of the stated fee, provided how-
ever, when a permittee has failed for a period of
six months or more to pay a license fee, the Tax
Collector shall, in such instance, impose another
penalty of 25 percent of the total amount of fee
delinquent, including previous penalty charges,
to the total amount due for the delinquency
payment. (Added by Ord. 555-81, App. 11/12/81)

SEC. 2.17. REVOCATION OF PERMIT
FOR NONPAYMENT OF PERMITS OR
LICENSES.

Each year the Tax Collector shall forward to
the Police Department and Entertainment Com-
mission a list of those permit holders who have
not paid the overdue fees for a period of six
months or more, and the Police Department or
Entertainment Commission, as the case may be,
shall initiate revocation proceedings pursuant to
the provisions of Section 2.12 of this Code. After
a permit is revoked for nonpayment of the li-
cense fee, a new permit may be issued, but only
upon filing a new application and the payment,
in advance, of the filing and license fees and any
overdue fees and penalties. (Added by Ord. 555-
81, App. 11/12/81; amended by Ord. 164-02, File
No. 020783, App. 7/26/2002)

SEC. 2.19. NOT EXEMPTED FROM
PAYING OTHER FEES.

Payment of filing fees and license fees as
provided in this Code does not exempt the permit
holder from payment of any other charges which
may be levied pursuant to other sections of the
San Francisco Municipal Code or written rules
and regulations of any department relating to
the permit. (Added by Ord. 555-81, App. 11/12/
81)

Sec. 2.20.

San Francisco— Police Code

SEC. 2.20. PERMITTING SUBSTITUTES
FOR METAL BADGES.

Whenever in this Part II, Chapter VIII (Po-
lice Code) of the San Francisco Municipal Code,
there appears a requirement for a metal badge,
metallic plate, metallic bus permit or metallic
chauffeur's badge, metal or metallic "jitney bus"
permit or metal or metallic "jitney bus" license
metallic badge or card or other similar require-
ment of metal, the officer responsible for the
issuance thereof may substitute any suitable
material for metal or metallic material. (Added
by Ord. 555-81, App. 11/12/81)

SEC. 2.21. PAYMENT FOR BADGE.

The Tax Collector shall collect a fee for each
badge issued in connection with a permit or
license. The cost for the badge shall be set by the
issuing department and shall be for the cost of
processing and issuing the badge. (Added by
Ord. 555-81, App. 11/12/81)

SEC. 2.22. PAYMENT FOR
IDENTIFICATION CARD.

The Tax Collector shall collect a fee for each
identification card issued in connection with a
permit or license. The cost for the identification
card shall be set by the issuing department and
shall cover the cost of processing and issuing the
identification card. (Added by Ord. 555-81, App.
11/12/81)

SEC. 2.23. COMPLIANCE.

No permit shall be granted unless the appli-
cant agrees to comply in all respects with the
applicable requirements of this Code. It shall be
unlawful to do or perform the act or carry on the
business, trade, profession or calling for which a
license or permit is required by law or ordinance
or to own, keep or use the article or thing, for the
owning, keeping or using of which a license or
permit is required by law or ordinance, unless
such license or permit be first procured. (Added
by Ord. 555-81, App. 11/12/81)

SEC. 2.24. SURRENDER OF PERMIT.

Whenever any business or occupation, for
which a permit has been issued by the Chief of

Police or Entertainment Commission, is termi-
nated or sold, the permit holder shall surrender
the permit to the Chief of Police or Entertain-
ment Commission, as the case may be, who shall
void said permit. The Chief of Police or Enter-
tainment Commission, as the case may be, shall
notify the Tax Collector when a permit has been
voided. (Added by Ord. 555-81, App. 11/12/81;
amended by Ord. 164-02, File No. 020783, App.
7/26/2002)

SEC. 2.25. DETERMINATION OF
PERCENTAGE OF FEES CREDITED TO
OTHER DEPARTMENTS.

Each year the Controller shall determine
what percentage of the money charged for any
filing fee is ;comment;ed in order to offset the
costs incurred by City departments in regulating
and inspecting permits issued by the Police De-
partment and Entertainment Commission, and
the Controller shall credit the appropriate per-
centage of such fees to the other department as
required by the Charter and Municipal Code.
(Added by Ord. 555-81, App. 11/12/81; amended
by Ord. 193-05, File No. 051027, App. 7/29/2005)

SEC. 2.26. SCHEDULE OF PERMITS
AND FILING FEES.

The following filing fees, payable in advance
to the City and County of San Francisco, are
required when submitting applications for per-
mits to the Police Department or Entertainment
Commission:

TYPE OF PERMIT FILING FEE

Permit Amendment/Additional Partner . $ 81

Amusement Park 871

Antique Shop 558

Auto Wrecker 664

Ball or Ring Throwing Games 477

Balloon and Kite Advertising 367

Billiard Parlor 456

Bingo Games 112

Amendment to Permit 112

Circus 648

Closing-Out Sale 413

Dance Hall Keeper 1,401

Amendment to Permit 660

Public Nuisances

Sec. 2.26

TYPE OF PERMIT FILING FEE

One Night Dance $ 40

Dealer in Firearms and/or Ammuni-
tion 961

Renewal 218

Discharge of Cannon 400

Distributor of Advertising

Class A 524

Class B 459

Driverless Auto Rental 631

Encounter Studio

Owner 725

Employee 202

Escort Service

Owner 709

Employee 202

Extended Hours Permit 1,500

Amendment to Permit 660

Fortuneteller 357

Funeral Procession Escort 224

Insignia and Uniform 13

General Soliciting Agent 252

Itinerant Show 680

Itinerant Show/Nonprofit [Fee set by

Police Code Section 1017.2] 100

Junk Dealer 945

Junk Gatherer

Resident 439

Nonresident 370

Licensed Tour Guide 272

Loudspeaker 416

Vehicle 416

Masked Ball 779

Massage Establishment 1,684

Masseur/Masseuse 202

Trainee 202

Mechanical Amusement Devices 568

Mechanical Contrivance 568

Miniature Golf Course 586

Mobile Caterer 775

Additional Stop 73

Assistant 73

Transfer of Stop 73

Museum 645

Nude Models in Public Photographic
Studio

Owner 704

Employee 202

TYPE OF PERMIT FILING FEE

Off-Heliport Landing Site $ 477

One Night Event 255

Outcall Massage 462

Pawnbroker 763

Peddler

Fish, Vegetables, Fruit 525

Food for Human Consumption 525

Nonfood 330

Employee 77

Pedicab Driver 77

Pedicab Owner

First Pedicab 372

Each Additional Pedicab 84

Photographer, Public Place

Owner 429

Solicitor 77

Photographic Solicitor

Owner 429

Employee 77

Place of Entertainment 1,500

Amendment to Permit 660

Poker 894

Amendment to Permit 79

Public Bathhouse 1,122

Public Outcry Sales 716

Pushcart Peddler 594

Recreational Equipment Vendor 408

Rodeo Exhibition/Wild West Show 651

Second Hand Dealer 558

Second Hand Dealer, Auto Accessories . . 558

Shooting Gallery 723

Skating Rink 693

Street Photographer

Owner 379

Solicitor 231

Tow Car Driver 198

Tow Car Firm 575

Trade-In Dealer 713

Valet Parking

Fixed Location 535

Annual Special Event 350

Vehicle for Hire, Nonmotorized 644

Supp. No. 10, July/August 2007

Sec. 2.26

San Francisco - Police Code

(Amended by Ord. 467-86, App. 12/5/86; Ord.
382-91, App. 10/28/91; Ord. 309-93, App. 10/5/93;
Ord. 238-96, App. 6/11/96; Ord. 63-97, App. 3/6/
97; Ord. 150-02, File No. 021071, App. 7/12/2002;
Ord. 164-02, File No. 020783, App. 7/26/2002;
Ord. 196-03, File No. 021948, App. 8/1/2003; Ord.
262-04, File No. 041148, App. 11/4/2004; Ord.
193-05, File No. 051027, App. 7/29/2005)

SEC. 2.26.1. SCHEDULE OF PERMITS
AND FILING FEES.

Notwithstanding the provisions of Section
1085 of this Code, the following filing fees, pay-
able in advance to the Taxi Commission, are
required when submitting applications for Motor
Vehicle for Hire permits to the Taxi Commission:
TYPE OF PERMIT FILING FEE

Color scheme, new

1—5 medallions $865.70

6—15 medallions 1,730.30

16—49 medallions 3,461.70

50 or more medallions 4,326.30

Color scheme change 288.20

Interurban bus 268.00

Jitney bus driver 53.00

Jitney bus owner 268.00

Lost medallion 172.70

Metallic medallion 34.10

Motorized rickshaw 268.00

Public convenience and necessity appli- 346.50

cation

Public passenger vehicle driver 74.80

Ramped taxicab 115.50

Sightseeing bus 268.00

Taxicab 634.70

Taxicab radio dispatch service 2,884.20

(Added by Ord. 383-91, App. 10/28/91; amended
by Ord. 309-93, App. 10/5/93; Ord. 238-96, App.
6/11/96; Ord. 63-97, App. 3/6/97; Ord. 88-99, File
No. 981443, App. 4/30/99; Ord. 176-02, File No.
011178, App. 8/23/2002; Ord. 196-07, File No.
070814, App. 8/3/2007)

SEC. 2.27. SCHEDULE OF LICENSE
FEES FOR PERMITS ISSUED BY THE
POLICE DEPARTMENT OR
ENTERTAINMENT COMMISSION.

The following license fees are payable to the
Tax Collector for permits issued by the Police
Department or Entertainment Commission and,
when applicable, for their renewal:

Note: All license fees are at an annual
rate unless otherwise indicated.

TYPE OF PERMIT LICENSE FEE

Amusement Park $ 310

Antique Shop 53

Auto Wrecker 408

Ball or Ring Throwing Games 136

Balloon and Kite Advertising . . 75 per quarter
Billiard Parlor

First Table 125

Each Additional Table 12

Bingo Game 66

Circus 275 per day

Dance Hall Keeper 354

Dealer in Firearms and/or Ammuni-
tion 378

Discharge of Cannon 41 per day

Distributor of Advertising

Class A 112

Class B 29

Driverless Auto Rental 269

Encounter Studio

Owner 426

Employee 48

Escort Service

Owner 432

Employee 75

Extended Hours Permit 470

Fortuneteller 40

Funeral Procession Escort 96

General Soliciting Agent 74

Itinerant Show, Each Concession . . 36 per day

Junk Dealer 454

Junk Gatherer

Resident 86

Nonresident 86

Licensed Tour Guide 128

Loudspeaker 135

Masked Ball 194 per day

Massage Establishment 463

Supp. No. 10, July/August 2007

Public Nuisances

Sec. 2.27.1.

TYPE OF PERMIT

LICENSE FEE

Masseur/Masseuse $ 75

Trainee 75 per 90-day permit

Mechanical Amusement Devices

First Machine 256

Each Additional Machine 29

Mechanical Contrivance

First Machine 144

Each Additional Machine 22

Miniature Golf Course 137

Mobile Caterer 582

Assistant 41

Museum 172

Nude Models in Public Photographic
Studio

Owner 408

Employee 75

Off-Heliport Landing Site 32 per day

Outcall Massage 393

Pawnbroker 447

Peddler

Fish, Vegetables, Fruit 624

Food for Human Consumption 624

Nonfood 166

Employee 67

Pedicab Driver 22

Pedicab Owner

First Pedicab 277

Each Additional Pedicab 139

Photographer, Public Place

Owner 172

Solicitor 66

Photographic Solicitor

Owner 139

Employee 66

Place of Entertainment 452

Poker 261

Public Bathhouse 364

Public Outcry Sales 246

Pushcart Peddler 624

Recreational Equipment Vendor 261

Rodeo Exhibition/

Wild West Show 125 per day

Second Hand Dealer 53

Second Hand Dealer, Auto Accessories. . 53

Shooting Gallery 136

Skating Rink 300

Street Photographer

TYPE OF PERMIT LICENSE FEE

Owner $137

Solicitor 67

Tow Car Driver 28

Tow Car Firm

First Tow Truck 457

Each Additional Tow Truck 182

Trade-In Dealer . 513

Valet Parking

Fixed Location 222

Annual Special Event 139

Vehicle for Hire, Nonmotorized 139

(Amended by Ord. 467-86, App. 12/5/86; Ord.
382-91, App. 10/28/91; Ord. 309-93, App. 10/5/93;
Ord. 238-96, App. 6/11/96; Ord. 63-97, App. 3/6/
97; Ord. 150-02, File No. 021071, App. 7/12/2002;
Ord. 164-02, File No. 020783, App. 7/26/2002;
Ord. 196-03, File No. 021948, App. 8/1/2003; Ord.
193-05, File No. 051027, App. 7/29/2005; Ord.
194-06, File No. 060779, App. 7/21/2006)

SEC. 2.27.1. SCHEDULE OF LICENSE
FEES FOR MOTOR VEHICLE FOR HIRE
PERMITS.

Notwithstanding the provisions of Section
1085 of this Code, the following license fees are
payable to the Tax Collector for permits issued
by the Taxi Commission and, when applicable,
for their renewal:

Note: All license fees are at an annual
rate unless otherwise indicated.

TYPE OF PERMIT LICENSE FEE

Color scheme, new

1—5 medallions $ 576.40

6—15 medallions 1,153.70

16—49 medallions 2,307.80

50 or more medallions 2,884.20

Interurban Bus 277.00

Jitney Bus Driver 58.00

Jitney Bus Owner 277.00

Motorized Rickshaw 277.00

Public Passenger Vehicle Driver 51.70

Ramped Taxicab 115.50

Sightseeing Bus 277.00

Taxicab 658.00

Supp. No. 10, July/August 2007

Sec. 2.27.1.

San Francisco - Police Code

TYPE OF PERMIT LICENSE FEE

Taxicab Radio Dispatch Service 2,884.20

SEC. 2.29. ADDITIONAL LICENSE FEES.

(a) When either a mobile caterer's or
pawnbroker's permit and license is originally
granted an additional license fee shall be charged
as shown below:

Mobile Caterer.
Pawnbroker

$7,500
6,000

SEC. 2.28.
SALES.

FEES FOR CLOSING-OUT

(a) Notwithstanding any other provision of
law, it is the intent of the Board of Supervisors
that the following fee not only pays for the costs
of processing the permit and regulating this
activity, but also generates revenue. The Board
of Supervisors finds that this fee has, in the past,
made no distinction between processing/regula-
tory purposes and revenue generating purposes
and has been used both to pay for the processing/
regulatory costs and to generate substantial rev-
enue; that this fee has been, and continues to be,
revenue producing device: that, to insure that no
greater amount of the revenues produced be
expended to defray costs than was expended
prior to the adoption date of Article XIILA of the
California Constitution, it has become necessary,
in this case, to provide separate filing fee (which
is listed in Section 2.26 of this Article) to reflect
the increased costs of processing and regulatory
activities since July 1, 1978; and that the follow-
ing fee predates the passage of Article XIIIA of
the California Constitution and imposes no change
to this fee rate.

(b) Close-Out Sale. The fee shall be charged
of one percent of the gross retail value of the
entire stock of merchandise on hand for the
closing-out sale at the time of application for
such permit whether said sale is to be conducted
by auction or otherwise. (Amended by Ord. 355-
85, App. 7/12/85)

(b) The license fees required to be paid by
this Section are imposed, pursuant to the taxing
power of the City and County of San Francisco,
solely for the purpose of obtaining revenue and
they predated the passage of Article XIIIA of the
California Constitution.

(c) Any person required to pay a fee under
this Section shall not be relieved from the pay-
ment of any license tax or fee for the privilege of
doing such business required under any other
ordinance of the City and County and shall
remain subject to the regulatory provisions of
other ordinances.

(d) Every person to whom a license or per-
mit is transferred, except where the transfer is to
the spouse, child, or children of a license or
permit holder by testate or intestate succession
or to the spouse of a license or permit holder,
pursuant to a marital settlement agreement,
with the consent of the Chief of Police and the
Director, shall pay to the Tax Collector upon
delivery of each such license or permit by the Tax
Collector a fee as follows:

Mobile Caterer.
Pawnbroker

$ 500
6,000

(e) The Tax Collector shall transmit all mon-
eys collected pursuant to this Section of the Code
to the Treasurer for deposit to the General Fund.
(Added by Ord. 555-81, App. 11/12/81)

Supp. No. 10, July/August 2007

Public Nuisances

Sec. 13.

SEC. 2.30. ADDITIONAL FEES-
MOTORIZED CABLE CARS.

The following filing fees are payable in ad-
vance to the Police Department when submitting
applications for motorized cable car and motor-
ized cable car operator's permits:

Owner . .
Operator

$ 105
62

The following license fees are payable to the
Tax Collector for permits issued by the Police
Department:

Owner $ 69

Operator 11

(Added by Ord. 272-82, App. 6/10/82)

SEC. 2.31. ANNUAL ADJUSTMENT OF
FEES.

Beginning with fiscal year 2003-2004, fees
set in Sections 2.26, 2.26.1, 2.27, and 2.27.1, may
be adjusted each year, without further action by
the Board of Supervisors, to reflect changes in
the relevant Consumer Price Index, as deter-
mined by the Controller.

No later than April 15th of each year, the
Police Department, Taxi Commission, and Enter-
tainment Commission shall submit its current
fee schedule to the Controller, who shall apply
the price index adjustment to produce a new fee
schedule for the following year.

No later than May 15th of each year, the
Controller shall file a report with the Board of
Supervisors reporting the new fee schedule and
certifying that: (a) the fees produce sufficient
revenue to support the costs of providing the
services for which each fee is assessed, and (b)
the fees do not produce revenue which is more
than the costs of providing the services for which
each fee is assessed. (Added by Ord. 150-02, File
No. 021071, App. 7/12/2002; amended by Ord.
193-05, File No. 051027, App. 7/29/2005; Ord.
196-07, File No. 070814, App. 8/3/2007)

Sec. 6.

(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)

Sec. 7.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

Sec. 12.

(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)

SEC. 13. SOLICITATION OF
PEDESTRIANS PROHIBITED; PENALTY;
EXCEPTION.

(a) No person shall stand or shall cause or
permit any person to stand nor shall an em-
ployer cause or permit any person to stand on the
sidewalk or street in front of any store or build-
ing for the purpose of calling the attention of
passersby to goods, wares or merchandise dis-
played or on sale in such store or building, or in
any other store or building, or to solicit patron-
age for any business or service or to entice or
persuade passersby to enter such store or build-
ing or any other store or building, or to accept the
service of any business.

(b) Penalty. Any person who violates any
provision of this Section shall be guilty of an
infraction, the penalty for which shall be as
follows:

(1) A fine of not less than $100 nor more
than $250;

(2) A fine of not less than $250 nor more
than $750 for a second offense occurring within
six months of the prior offense; and

(3) A fine of not less than $750 nor more
than $1,000 for a third and each subsequent
offense occurring within six months of a prior
offense.

(c) Exception. It is not intended that this
Section shall apply where its application would
result in an interference with or inhibition of any
exercise of the constitutionally protected right of
freedom of speech or assembly, or with the dis-
tribution of leaflets, handbills or other written
materials. (Added by Ord. 614-79, App. 12/13/79)

Supp. No. 10, July/August 2007

Sec. 18.

San Francisco - Police Code

SEC. 18. PENALTY.

Any person who shall violate any of the
provisions of Section 17 of this Article shall be
guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine not to exceed
$50 or by imprisonment in the County Jail for
not more than 30 days or by both such fine and
imprisonment. (Added by Ord. 1.075, App. 10/11/
38)

SEC. 21. CONSUMING ALCOHOLIC
BEVERAGES ON PUBLIC STREETS,
ETC., OR ON PUBLIC PROPERTY OPEN
TO PUBLIC VIEW PROHIBITED;
PENALTY.

(a) No person shall consume any alcoholic
beverage in any quantity on any public street,
avenue, sidewalk, stairway, alley, or thorough-
fare within the City and County of San Fran-
cisco; nor shall any person consume any alcoholic
beverage within 15 feet of any public way or
thoroughfare while on a private stairway, door-
way, or other private property open to public
view without the express or implied permission
of the owner, his agent, or the person in lawful
possession thereof; provided, however, that the
provisions of this Section shall not apply to the
interior portion of any private dwelling, habitat,
or building, to the consumption by persons in the
areas herein designated of any duly prescribed
and dispensed medication having alcoholic con-
tent, or to those persons consuming alcoholic
beverages while viewing a parade for which a
permit has been granted pursuant to Section 367
of this Code. Further, this Section shall not be
applicable in those prescribed areas and during
such time for which permission for temporary
use or occupancy of public streets and appurte-
nant areas has been granted by:

(1) The Board of Supervisors pursuant to
the provisions of Section 2.70 of the Administra-
tive Code;

(2) The Department of Public Works pursu-
ant to the provisions of Article 5.2 of the Public
Works Code for a business establishment any-
where in San Francisco that meets the require-

ments of a full-service restaurant, pursuant to
Planning Code Section 790.92 as interpreted by
the Zoning Administrator; or

(3) The Department of Public Works pursu-
ant to the provisions of Article 5.2 of the Public
Works Code for a business establishment that
had a valid tables and chairs permit and Califor-
nia Department of Alcoholic Beverage Control
beverage license or permit on the effective date
of this ordinance.

(b) Penalty. Any person who shall violate
the provisions of this Section shall be guilty of an
infraction, the penalty for which shall be a fine of
not less than $25 nor more than $100. (Amended
by Ord. 156-86, App. 5/9/86; Ord. 400-97, App.
10/17/97)

SEC. 22. OBSTRUCTING ANY STREET,
SIDEWALK, PASSAGEWAY OR OTHER
PUBLIC WAY PROHIBITED; PENALTY;
EXCEPTIONS.

(a) No person shall wilfully and substan-
tially obstruct the free passage of any person or
persons on any street, sidewalk, passageway or
other public place.

(b) Penalty. Any person who shall violate
the provisions of this Section shall be guilty of an
infraction, the penalty for which shall be a fine of
not less than $50 nor more than $500.

(c) Exceptions. (1) It is not intended that
this Section shall apply where its application
would result in an interference with or inhibition
of any exercise of the constitutionally protected
right of freedom of speech or assembly; and (2)
nothing contained herein shall be deemed to
prohibit persons from sitting on public benches
or other public facilities provided for such pur-
pose. (Added by Ord. 454-79, App. 9/7/79)

SEC. 23. OBSTRUCTING ANY STREET,
SIDEWALK, PASSAGEWAY OR OTHER
PUBLIC WAY PROHIBITED, SECOND
OFFENSE WITHIN 24 HOURS; PENALTY;
EXCEPTIONS.

(a) Any person who wilfully and substan-
tially obstructs the free passage of any person or
persons on any street, sidewalk, passageway or

Supp. No. 10, July/August 2007

18.1 Public Nuisances Sec. 23.

other public place within 24 hours after violating
and being cited for said violation of Section 22
shall be in violation of this Section.

Supp. No. 10, July/August 2007

[INTENTIONALLY LEFT BLANK]

Supp. No. 10, July/August 2007

Public Nuisances

Sec. 26.

(b) Penalty. Any person who shall violate
the provisions of 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 of not more
than $500, or by both such fine and imprison-
ment.

SEC. 24. OBSTRUCTING ANY STREET,
SIDEWALK, PASSAGEWAY OR OTHER
PUBLIC WAY PROHIBITED: SECOND
OFFENSE WITHIN 120 DAYS OF
CONVICTION; PENALTY; EXCEPTIONS.

(a) Any person who wilfully and substan-
tially obstructs the free passage of any person or
persons on any street, sidewalk, passageway or
other public place within 120 days after the date
of conviction of a violation of Section 22 shall be
in violation of this Section.

SEC. 25. REMAINING UPON PRIVATE
OR BUSINESS PROPERTY AFTER BEING
REQUESTED TO LEAVE; PENALTY;
EXCEPTIONS.

(a) No person shall wilfully remain upon
any private property or business premises after
being notified by the owner, lessee, or other
person in charge thereof to leave.

(b) No person, without permission, expressed
or implied, of the owner, lessee, or other person
in charge of private property or business pre-
mises shall enter upon such private property or
business premises after having been notified by
the owner, lessee, or other person in charge
thereof to keep off or to keep away therefrom.

(c) Notice. Such notification referred to in
subparagraphs (a) and (b) above may be oral or
in the form of a written notice, posted in a
conspicuous place, describing the specific area
and hours in which persons are to keep off or to
keep away.

(d) Penalty. Any person who shall violate
any of the provisions of this Section shall be
guilty of an infraction, the penalty for which
shall be a fine which shall be not less than $50
nor more than $500.

(e) Exceptions. This Section shall not ap-
ply in any of the following instances: (1) where
its application results in or is coupled with an act
prohibited by the Unruh Civil Rights Act or any
other provision of law relating to prohibited
discrimination against any person; (2) where its
application results in or is coupled with an act
prohibited by Section 365 of the California Penal
Code or any other provision of law relating to
duties of innkeepers and common carriers; or (3)
where its application would result in an interfer-
ence with or inhibition of any exercise of a
constitutionally protected right of freedom of
speech or assembly. (Added by Ord. 454-79, App.
9/7/79)

SEC. 26. REMAINING UPON PRIVATE
OR BUSINESS PROPERTY AFTER BEING
REQUESTED TO LEAVE; SECOND
OFFENSE WITHIN 24 HOURS; PENALTY;
EXCEPTIONS.

(a) Any person who remains upon or re-
turns to said private property or business pre-
mises within 24 hours after violating and being

Sec. 26.

San Francisco— Police Code

cited for said violation of Section 25 and who is
again notified by the owner, lessee, or other
person in charge of the property to leave, or by a
police officer at the specific request of said per-
son in charge, and who refuses to do so, shall be
in violation of this Section.

(b) Notice. Such notification referred to by
owners, lessees or other persons in charge of
premises in subparagraph (a) above may be oral
or in the form of a written notice, posted in a
conspicuous place, describing the specific area
and hours in which persons are to keep off or to
keep away.

(c) Penalty. Any person who shall violate
any of the provisions of 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 of
not more than $500, or by both such fine and
imprisonment;

(d) Exceptions. This Section shall not ap-
ply in any of the following instances: (1) Where
its application results in or is coupled with an act
prohibited by the Unruh Civil Rights Act or any
other provision of law relating to prohibited
discrimination against any person; (2) Where its
application results in or is coupled with an act
prohibited by Section 365 of the California Penal
Code or any other provision of law relating to
duties of innkeepers and common carriers; or (3)
Where its application would result in an inter-
ference with or inhibition of any exercise of a
constitutionally protected right of freedom of
speech or assembly. (Added by Ord. 454-79, App.
9/7/79)

SEC. 27. REMAINING UPON PRIVATE
OR BUSINESS PROPERTY AFTER BEING
REQUESTED TO LEAVE, SECOND
OFFENSE WITHIN 120 DAYS OF
CONVICTION; PENALTY; EXCEPTIONS.

(a) Any person who remains upon or re-
turns to said private property or business pre-
mises within 120 days after the date of convic-
tion of a violation of Section 25 and who is again
notified by the owner, lessee, or other person in
charge of the property to leave, or by a police

officer, at the specific request of said person in
charge, and who refuses to do so, shall be in
violation of this Section.

SEC. 28. KITE FLYING PROHIBITED
NEAR HIGH VOLTAGE LINES AND
BROADCASTING TOWERS.

It shall be unlawful for any person to fly any
kite so that the kite, tail, or string comes within
25 feet of any high voltage overhead conductor or
artificially illuminated television or radio trans-
mitting tower. As used in this Section, a "high
voltage overhead conductor" is any electrical
conductor with a voltage in excess of 750 volts,
installed above the ground and not enclosed in
iron pipe or equivalent; and an "artificially illu-
minated television or radio transmitting tower"
is a radio or television transmitting tower equipped

Public Nuisances

Sec. 37.

with electric lighting to avoid hazard to aircraft.
(Amended by Ord. 458-80, App. 9/26/80)

SEC. 33. RUBBISH, ETC., THROWING
ON STREETS PROHIBITED.

It shall be unlawful for any person or persons
to put, place, sweep, throw, brush or in any other
manner deposit any rubbish, paper, cards, news-
papers, wrapping or wrapping paper, container
of any kind, string, cord, rope or other binding or
fastening material, sweepings, dirt or debris or
discarded material of any kind or character upon
any sidewalk, street, alley, gutterway or other
public place in the City and County of San
Francisco. It shall also be unlawful for any
person or persons to throw, sweep or brush any
rubbish, paper sweepings or dirt from any resi-
dence, flat, apartment house, store or office build-
ing into any sidewalk, street or alley. (Amended
by Ord. 1994, Series of 1939, App. 3/8/43)

SEC. 34. ACCUMULATION OF LITTER
ON SIDEWALKS PROHIBITED.

It shall be unlawful for the occupant, or in
the absence of an occupant, the owner or lessee,
of any building in the City and County, to permit
litter to remain or accumulate upon the sidewalk
in front of or abutting said building. Said litter
may be disposed of as provided in Section 35(a) of
the Code, provided, however, that on any day the
street fronting or abutting said building is sched-
uled to be serviced by mechanical equipment
under controlled parking conditions, said litter,
other than food products or material intended for
food or drink may be deposited in said street, but
only one hour prior to said service. The term
"litter" as used herein shall mean and include
the enumeration of items set forth in Section 33
of this Code. (Amended by Ord. 7-77, App. 1/7/77)

SEC. 35. CUSPIDORS, ETC., NOT TO BE
EMPTIED ON SIDEWALK.

No cuspidors, spittoons, tubs or other such
articles shall be washed, cleaned or emptied on
any public streets, sidewalks or alleyways in this
City and County. (Added by Ord. 1.075, App.
10/11/38)

SEC. 35(a). USE OF SIDEWALK TRASH
OR LITTER RECEPTACLES.

The litter receptacles placed on the sidewalks
by the Department of Public Works may be used
for deposit of casual litter such as food, wrappers
and lunchbags. Sweepings from sidewalk clean-
ing, as specified in Section 34, may also be
deposited in such receptacles. It is unlawful for
any person to deposit any household garbage,
refuse, waste, sweepings, or dirt collected within
any residence, flat, apartment house, store, or
office building in, on top, or alongside such litter
receptacles. (Amended by Ord. 410-75, App. 10/
1/75)

SEC. 36. TENANT OF LOWER FLAT
RESPONSIBLE.

When there are flats or more than one house
fronting on a pavement, the proprietor or tenant
of the lower flat or house nearest the sidewalk
shall be held responsible for the cleanliness of
said sidewalk. (Added by Ord. 1.075, App. 10/11/
38)

SEC. 37. PENALTY.

(a) Any person who shall violate any of the
provisions of Sections 33, 34, 35 or 36 of this
Article shall be guilty of an infraction and, upon
conviction thereof, shall be punished for the first
offense by a fine of not less than $80 nor more
than $100; and for a second offense by a fine of
not less than $150 nor more than $200; and for
each additional offense by a fine of not less than
$300 nor more than $500.

(b) Any person who shall violate any of the
provisions of Section 35(a) of this Article shall be
guilty of an infraction and, upon conviction thereof,
shall be punished for the first offense by a fine of
not less than $80 nor more than $100; for a
second offense by a fine of not less than $150 nor
more than $200; and for each additional offense
by a fine of not less than $300 nor more than
$500.

(c) Alternatively, any person who violates
any of the provisions of Sections 33, 34, or 35(a)
of this Article shall be subject to an administra-
tive penalty not to exceed $1,000 for each viola-

Sec. 37.

San Francisco— Police Code

tion. Administrative penalties authorized by this
section shall be assessed, enforced and collected
in accordance with Section 39-1 of this Code.
(Amended by Ord. 72-86, App. 3/14/86; Ord.
197-98, App. 6/19/98; Ord. 87-03, File No. 030482,
App. 5/9/2003; Ord. 292-04, File No. 040561,
App. 12/24/2004)

SEC. 38. ENFORCEMENT OF LITTER
LAWS; DESIGNATED OFFICERS AND
EMPLOYEES.

The classes of officers or employees of the
City and County of San Francisco hereinbelow
set forth may have the duty of enforcing those
provisions of state law or the San Francisco
Municipal Code which relate to abatement of
nuisance conditions on public property or the
littering of private or public property, including,
but not limited to, streets, sidewalks, parks,
squares or recreation areas within said City and
County, the removal or abatement of any such
litter from said private or public property or the
unauthorized use of litter receptacles. In addi-
tion to any other authority provided by state law
or the Municipal Code, each of these classes of
officers or employees may also issue citations
imposing administrative penalties authorized by
Section 39-1.

Classification
Number

3289

Classification

Class Title

Number

0941 Manager VII (positions assigned

to the Department of Public
Works only)

1312 Public Information Officer (posi-

tions assigned to the Department
of Public Works only)

1314 Public Relations Officer (posi-

tions assigned to the Department
of Public Works only)

3130 Arboretum Director

3230 Golf Director

3234 Harbormaster

3287 Assistant Recreation Supervisor

3291
3292

3418
3422
3426
3432
3436
3438
3440

3462

3464

3466

5103
5170

5173

5182
5190
5194
6120
6122

6124

6126

6127

Class Title

Recreation Supervisor
Principal Recreation Supervisor

Assistant Superintendent, Recre-
ation

Gardener Assistant Supervisor

Park Section Supervisor

Urban Forester

Assistant Director, Arboretum

Tree Topper Supervisor I

Tree Crew Supervisor II

Landscaping and Street Planting
Supervisor

Assistant Director, Golf Course
Maintenance

Area Supervisor, Parks, Squares
and Facilities

Assistant Superintendent, Parks,
Squares and Facilities

Operations Superintendent

Superintendent, Street Cleaning
and Tree Planting

Assistant Superintendent, Street
Cleaning and Tree Planting

Deputy Director of Engineering

Director of Public Works

Deputy Director for Operations

Environmental Health Inspector

Senior Environmental Health
Inspector

Principal Environmental Health
Inspector

Chief, Bureau of Environmental
Health Services

Assistant Chief, Bureau of Envi-
ronmental Health Services

Public Nuisances

Sec. 39-1.

Classification

Number Class Title

6230 Street Inspector

6231 Senior Street Inspector

6232 Street Inspector Supervisor

7215 General Laborer Supervisor I

7281 Street Cleaning General Fore-

man

Park Patrol Officer

Head Park Patrol Officer

Parking Controlman

Environmental Control Officer

8208
8210
8214
8280
8282

H22

H32

H40
H50

Senior Environmental Control
Officer

Inspector, Bureau of Fire Preven-
tion and Public Safety

Lieutenant, Bureau of Fire Pre-
vention and Public Safety

Captain, Bureau of Fire Preven-
tion and Public Safety

Battalion Chief, Fire Department

Assistant Chief, Fire Department

(Added by Ord. 76-87, App. 3/20/87; amended by
Ord. 175-92, App. 6/16/92; Ord. 87-03, File No.
030482, App. 5/9/2003)

SEC. 39. PROCEDURE FOR
ENFORCEMENT OF LITTER LAWS.

In the enforcement of said provisions the
classes of officers and employees set forth in
Section 38 shall utilize, where appropriate, the
procedure as prescribed by Section 836.5 and
Chapter 5C (commencing with Section 853.5) of
Title 3, Part 2, of the Penal Code of the State of
California. (Added by Ord. 76-87, App. 3/20/87)

SEC. 39-1. PROCEDURE FOR
ASSESSMENT AND COLLECTION OF
ADMINISTRATIVE PENALTIES FOR
SPECIFIED LITTERING AND NUISANCE
VIOLATIONS.

(a) This Section shall govern the imposi-
tion, assessment and collection of administrative
penalties imposed pursuant to Sections 37, 38
and 63 of the Police Code, Sections 41.13, 283.1,
287, 288.1 and 600 of the Health Code, and
Sections 170, 173, 174, 174.2, 184.63 and 724.5 of
the Public Works Code.

(b) The Board of Supervisors finds:

(1) That it is in the best interest of the City
and its citizens to provide an alternative, admin-
istrative penalty mechanism for enforcement of
the littering and nuisance violations covered by
this section in addition to the existing enforce-
ment mechanisms authorized under the Califor-
nia Penal Code; and

(2) That the administrative penalty scheme
established by this section is not intended to be
punitive in nature, but is instead intended to
compensate the public for the injury and damage
caused by the prohibited conduct. The adminis-
trative penalties authorized under this section
are intended to be reasonable and not dispropor-
tionate to the damage or injury to the City and
the public caused by the prohibited conduct.

(c) Administrative Citation. Where an of-
ficer or employee designated in Section 38 deter-
mines that there has been a violation of a local
litter or nuisance law that authorizes imposition
of an administrative penalty, the officer or em-
ployee may issue an administrative citation to
the person and/or entity responsible for the vio-
lation. For purposes of this Section, an entity is
responsible if an officer, employee or agent of the
entity commits the violation. The citation shall
inform the person or entity responsible of the
date, time, place and nature of the violation and
the amount of the proposed penalty, and shall
state that the penalty is due and payable to the
City Treasurer within 15 City business days
from the date of the notice, if not contested
within the time period specified. The citation
shall also state that the person or entity respon-

Sec. 39-1.

San Francisco — Police Code

sible has the right, pursuant to Subsection (d), to
request administrative review of the citing of-
ficer or employee's determination as to the vio-
lation and assessment of penalties, and shall set
forth the procedure for requesting administra-
tive review. The Director shall serve the admin-
istrative citation as follows:

1. Where there is a nexus between the vio-
lator and a specific property:

(A) One copy of the Notice shall be posted in
a conspicuous place upon the building or
property.

(B) One copy of the Notice shall be served
upon each of the following:

(i) The person, if any, in real or apparent
charge and control of the premises or
property involved;

(ii) The owner of record.
Service required by subparagraph (B) may be
made by personal service or by certified mail.

2. Where the issuing officer or employee is
unable to ascertain a nexus between the viola-
tion and property within the City, a completed
copy of the administrative citation may be served
on the individual who has committed the viola-
tion by personal service or by certified mail.

3. For purposes of this Section, there is a
nexus where activity on the property has caused,
contributed to, or been a substantial factor in
causing, the violation.

(d) Request for Hearing; Hearing.

(1) A person or entity that has been issued
an administrative citation may request adminis-
trative review in order to contest the citation
issued in accordance with this section. Adminis-
trative review shall be initiated by filing a re-
quest for administrative review with the Direc-
tor of Public Works within 15 City business days
from the date of the citation. Failure to request a
hearing within the time specified in the citation
shall be deemed an admission that the cited
person or entity committed the violation identi-
fied in the administrative citation.

(2) Whenever administrative review is re-
quested pursuant to this Section, the Director of
Public Works shall, within five City business

days of receipt of the request, notify the re-
questor of the date, time, and place of the admin-
istrative review hearing by certified mail. Such
hearing shall be held no later than thirty (30)
calendar days after the Director receives the
request, unless time is extended by mutual agree-
ment of the affected parties.

(3) The administrative review hearing shall
be conducted by a neutral hearing of officer from
outside the Department of Public Works and the
department whose employee issued the citation,
assigned by the Director of Administrative Ser-
vices. The Director of Administrative Services
may issue rules as needed to implement this
requirement. The parties may present evidence
and testimony to the hearing officer. All testi-
mony shall be under oath. The hearing officer
shall ensure that a record of the proceedings is
maintained. The burden of proof to uphold the
violation shall be on the City, but the adminis-
trative citation shall be prima facie evidence of
the violation.

(4) The hearing officer shall issue a decision
including a summary of the issues and the evi-
dence presented, and findings and conclusions,
within ten (10) calendar days of the conclusion of
the hearing. The hearing officer may uphold the
penalty imposed by the citation, reduce the pen-
alty, or dismiss the citation. A copy of the deci-
sion shall be served by certified mail upon the
person or entity contesting the violation. The
decision shall be a final administrative determi-
nation. An aggrieved party may seek judicial
review of the decision pursuant to California
Code of Civil Procedure Sections 1094.5 and
1094.6.

(e) Payment and Collection of Penalty.

(1) Where a person or entity has not made a
timely request for administrative review, the
penalty shall be due and payable to the City
Treasurer on or before 15 City business days
from the date of issuance.

(2) Where a person or entity has made a
timely request for administrative review, and the
penalty has been upheld in whole or in part upon
review, any administrative penalty imposed by
the hearing officer shall be due and payable not

Public Nuisances

Sec. 43.1.

later than ten City business days from the date
of the notice of decision issued under subpara-
graph (d)(4).

(3) If a penalty due and payable under
paragraphs (1) or (2) remains unpaid after the
specified due date, the Director of Public Works
shall send the violator written notice that the
penalty is overdue. Penalties that remain unpaid
30 days after the due date shall be subject to a
late payment penalty of ten percent (10%) plus
interest at the rate of one percent (1%) per
month on the outstanding balance, which shall
be added to the penalty amounts from the date
that payment is due. Persons and entities against
whom administrative penalties are imposed shall
also be liable for the costs and attorney's fees
incurred by the City and County in bringing any
civil action to enforce the provisions of this
section, including obtaining a judgment for the
amount of the administrative penalty and other
costs and charges.

(4) Where there is a nexus between the
violation and property in the City owned by the
violator, the Director shall further inform the
violator that if the amount due is not paid within
30 days from the date of the notice, the Director
shall initiate proceedings to make the amount
due and all additional authorized costs and
charges, including attorneys fees, a lien on the
property. Such liens shall be imposed in accor-
dance with Chapter 10, Article XX of the Admin-
istrative Code.

(f) The revenues generated by penalties from
an administrative citation issued pursuant to
this Section may be expended only by the depart-
ment that is responsible for issuing the admin-
istrative citation, except that each department
other than Public Works that issues administra-
tive citations pursuant to this Section shall re-
imburse the Department of Public Works for the
costs incurred by the Department of Public Works
in administering review of those citations issued
by the other department. The revenues from
administrative citations issued by Class 8280
Environmental Control Officers and 8282 Senior
Environmental Control Officers may be ex-
pended exclusively by the Department of Public

Works for the purpose of funding litter enforce-
ment and abatement except where the use or
expenditure of those revenues is specifically di-
rected by law to another program within the
Department of Public Works. (Added by Ord.
87-03, File No. 030482, App. 5/9/2003; amended
by Ord. 27-06, File No. 051142, App. 2/16/2006)

SEC. 43. PERMITS FOR USE OF
LOUDSPEAKER OR SOUND AMPLIFYING
EQUIPMENT OUTSIDE BUILDINGS OR
OUT OF DOORS.

(a) Use of Loudspeakers. Upon applica-
tion made as herein provided and subject to the
provisions of Sections 47.2 and 49 of this Code,
the Entertainment Commission, at its discre-
tion, may issue a permit for use of a loudspeaker
or sound amplifier not attached to sound trucks
to project sound outside of any building or at any
location out of doors in any part of said City and
County at such times and upon such days as it
may designate, for any lawful purpose.

(b) Information Required for Permit.

Application to the Entertainment Commission
for a permit to use a loudspeaker or sound
amplifier as herein provided shall be made on a
form available at the office of the Entertainment
Commission and shall contain the following in-
formation:

(1) The name and address of applicant;

(2) The purpose for which sound amplifica-
tion will be used;

(3) Location at which loudspeaker or ampli-
fier will be placed;

(4) Hours during which sound will be am-
plified; and

(5) Dates upon which sound amplification
will be made. (Amended by Ord. 172-69, App.
5/21/69; Ord. 164-02, File No. 020783, App. 7/26/
2002; Ord. 193-05, File No. 051027, App. 7/29/
2005)

SEC. 43.1. FILING FEE.

Every person desiring a permit pursuant to
Section 43 of this Article shall file an application
with the Entertainment Commission upon a form

Sec. 43.1.

San Francisco — Police Code

provided by the Entertainment Commission and
shall pay a filing fee. (Added by Ord. 555-81,
App. 11/12/81; amended by Ord. 164-02, File No.
020783, App. 7/26/2002)

SEC. 43.2. LICENSE FEE.

Upon granting the loudspeaker permit, the
Entertainment Commission shall forward the
permit to the Tax Collector, if the permit autho-
rizes sound amplification for seven or more days
in a calendar year, 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; amended by Ord. 164-02, File No.
020783, App. 7/26/2002; Ord. 193-05, File No.
051027, App. 7/29/2005)

SEC. 44. 'PERSON 1 ' DEFINED.

The word "person" as used in Sections 43 to
49, inclusive, of this Article shall include and
mean any person, firm, association or corpora-
tion. (Amended by Ord. 172-69, pp. 5/21/69)

SEC. 45. EXCEPTIONS— RADIO,
TELEVISION RECEIVING SETS,
PEDESTRIAN OPERATED BULLHORNS.

The provisions of Sections 43 to 48, inclusive,
of this Article shall not apply (a) to radio or
television receiving sets permanently installed
in private automobiles to receive programs broad-
cast from regularly licensed and established ra-
dio stations or to other mechanical sound or
voice-reproducing devices for the pleasure and
entertainment of the occupants of such automo-
biles; (b) to radio or television receiving sets
installed in any dwelling house to receive pro-
grams broadcast from regularly licensed and
established radio stations for the pleasure and
entertainment of the occupants of such dwelling
houses; (c) to radio or television receiving sets
established or maintained in stores indoors to
demonstrate radio or television sets carried for
sale or demonstration; or (d) pedestrian operated
bullhorns, not exceeding 10 watts, E.I.A.; pro-
vided, however, that the provisions of Section 49
hereof shall be applicable to all such sets or
devices. (Amended by Ord. 172-69, App. 5/21/69)

SEC. 46. DEFINITIONS.

(a) "Sound Truck." The words "sound truck"
as used in this Code shall mean any motor
vehicle, horse drawn vehicle or other means of
conveyance, having mounted thereon, attached
thereto or carrying any sound amplifying equip-
ment.

(b) "Sound Amplifying Equipment." The

words "sound amplifying equipment" as used in
this Code, shall mean any machine or device for
the reproduction or amplification of the human
voice, music or other sound. "Sound amplifying
equipment" shall not be construed as including
standard automobile radios, television receiving
sets or mobile radio telephone equipment or
other mechanical sound or voice-reproducing de-
vices when used and heard only by occupants of
the vehicle in which installed, or warning de-
vices on authorized emergency vehicles or horns
or other warning devices on other vehicles used
only for traffic safety purposes. (Amended by
Ord. 172-69, App. 5/21/69)

SEC. 47. USE OF SOUND TRUCKS,
REGISTRATION AND PERMIT
REQUIRED.

It shall be unlawful for any person to use or
cause to be used in the City and County of San
Francisco any sound truck without first having
obtained from the Entertainment Commission a
certified copy of the endorsed registration state-
ment which shall constitute a permit to use and
operate such equipment. This certified copy shall
be placed in a conspicuous and uniform place on
each sound truck for which the permit is ob-
tained, and shall be promptly displayed and
shown to any San Francisco police officer upon
request.

(a) Each person desiring to use, or cause to
be used, any sound truck within the City and
County of San Francisco must file with the
Entertainment Commission thereof a written
registration statement in duplicate, which shall
state the following:

(1) Name and home address of the appli-
cant;

Public Nuisances

Sec. 47.2.

(2) Address of place of business of appli-
cant;

(3) Name and address of person having di-
rect charge of the sound truck;

(4) The purpose for which the sound truck
will be used;

(5) A general statement as to the section or
sections of the city in which the sound truck will
be used;

(6) The proposed hours of operation of the
sound truck;

(7) The number of days of proposed opera-
tion of the sound truck;

(8) The general description of the sound
amplifying equipment which is to be used;

(9) The maximum sound-producing power
of the sound amplifying equipment to be used in
or on the sound truck, the voltage used by said
equipment and the rated power output in watts.

(b) A filing fee shall be charged for each
original written registration statement filed with
the Entertainment Commission. (Added by Ord.
172-69, App. 5/21/69; amended by Ord. 555-81,
App. 11/12/81; Ord. 164-02, File No. 020783, App.
7/26/2002)

SEC. 47.1. REGISTRATION STATEMENT
AMENDMENT.

Any person using, or causing to be used, a
sound truck within the City and County of San
Francisco shall amend the registration state-
ment filed pursuant to Section 47(a) within 48
hours after any change in the information therein
furnished. (Added by Ord. 172-69, App. 5/21/69)

SEC. 47.2. REGULATIONS FOR USE.

Use of any sound amplifying equipment,
whether truck-mounted or otherwise, within the
City and County of San Francisco shall be sub-
ject to the following regulations:

(1) The only sounds permitted are music or
human speech;

(2) Hours of operation permitted shall be
between 9:00 a.m. and 10:00 p.m.; operation
after 10:00 p.m. is permitted only at the location

of a public event or affair of general public
interest or as otherwise permitted by the Enter-
tainment Commission;

(3) Except as permitted by the Entertain-
ment Commission sound shall not be issued
within 450 feet of hospitals, schools, churches,
courthouses, public libraries or mortuaries;

(4) No sound truck with its amplifying de-
vice in operation shall traverse any one block in
the City and County more than four times in any
one calendar day;

(5) Amplified human speech and music shall
not be unreasonably loud, raucous, jarring or
disturbing to persons of normal sensitiveness
within the area of audibility, nor louder than
permitted in Subsections (6) and (7) hereof;

(6) When the sound truck is in motion, the
volume of sound shall be controlled so that it will
not be audible for a distance in excess of 450 feet
from its source; provided, however, that when
the sound truck is stopped by traffic, the said
sound amplifying equipment shall not be oper-
ated for longer than one minute at such stop;

(7) Except as permitted by the Entertain-
ment Commission for public gatherings, in all
cases where sound amplifying equipment re-
mains at one location or when the sound truck is
not in motion, the volume of sound shall be
controlled so that it will not be audible for a
distance in excess of 250 feet from the periphery
of the attendant audience;

(8) No sound amplifying equipment shall be
operated unless the axis of the center of any
sound reproducing equipment used shall be par-
allel to the direction of travel of the sound truck;
provided, however, that any sound reproducing
equipment may be so placed upon said sound
truck as to not vary more than 15° either side of
the axis of the center of the direction of travel
and, provided further, that radial, nondirectional
type of loudspeakers may be used on said sound
trucks either alone or in conjunction with sound
reproducing equipment placed within 15° of the
center line of the direction of travel. (Added by
Ord. 172-69, App. 5/21/69; amended by Ord.
164-02, File No. 020783, App. 7/26/2002)

Sec. 48.

San Francisco— Police Code

SEC. 48. LICENSE REQUIRED.

It shall be unlawful for any person to use or
cause to be used any sound truck in the City and
County of San Francisco for any purpose before
an application has been filed with the Entertain-
ment Commission as provided in Section 47(a) of
this Code; the applicant has expressly assumed
responsibility for performance of all matters and
observance of all restrictions contained in Sec-
tion 47.2 of this Code; the Entertainment Com-
mission has approved the application and issued
a permit at its discretion, as provided in Section
652 et seq. of this Code; and a license has been
obtained from the Tax Collector as therein pro-
vided. The terms and conditions of Section 682 et
seq. of this Code apply with full force and effect
to the licensing of all sound trucks used for any
purpose within the City and County of San
Francisco. (Added by Ord. 172-69, App. 5/21/69;
amended by Ord. 555-81, App. 11/12/81; Ord.
164-02, File No. 020783, App. 7/26/2002; Ord.
193-05, File No. 051027, App. 7/29/2005)

SEC. 49. UNNECESSARY NOISE,
AUTHORIZED EMERGENCY VEHICLES.

Except as provided in Sections 43, 45, 46,
47.1, 47.2, and 48 of this Code, and to amplifying
equipment used in authorized emergency ve-
hicles as defined in the California Vehicle Code,
it shall be unlawful for any person to use, oper-
ate, maintain, or permit to be played, used or
operated any radio or television receiving set,
musical instrument, phonograph, juke box, broad-
casting equipment or other machine or device for
the producing, reproducing or amplification of
sound or human voice in such manner as to
produce raucous noises or in such manner so as
to disturb the peace, quiet and comfort of persons
in the neighbor-hood or with volume louder than
is necessary for convenient hearing for the per-
son or persons for whom said machine, instru-
ment or device is operated.

The operation of any such set, instrument,
phonograph, juke box, broadcasting equipment,
machine or device between the hours of 10:00
p.m. and 7:00 a.m., in such a manner as to be
plainly audible at a distance of 50 feet from the

property line of the property from whence the
sound is emitted, shall be prima facie evidence of
a violation of this Section.

The operation of any such set, instrument,
phonograph, juke box, broadcasting equipment,
machine or device at any time in such a manner
as to cause a noise level in excess of the ambient
noise level by more than five decibels (5 dBA), as
those terms are defined in Section 2901 of this
Code, when measured at the nearest property
line of the property from whence the sound is
emitted or, in the case of multiple-family residen-
tial buildings, when measured anywhere in one
dwelling unit with respect to a noise emanating
from another dwelling unit or from common
space in the same building, shall be prima facie
evidence of a violation of this Section. (Added by
Ord. 172-69, App. 5/21/69; amended by Ord.
274-72, App. 9/20/72)

SEC. 50. SEVERABILITY.

It is the intention of the Board of Supervisors
that each separate section, subsection or subdi-
vision, sentence, clause or phrase of Sections 43
to 49, inclusive, of this Code shall be deemed
independent of each other and it is the further
intention of the Board of Supervisors that if any
section, subsection or subdivision, sentence, clause
or phrase be declared invalid or unconstitu-
tional, all other remaining portions thereof shall
remain valid and enforceable. (Added by Ord.
172-69, App. 5/21/69)

SEC. 51. SMOKING IN ENCLOSED
SECTION OF STREET CARS, CABLE
CARS, MOTOR COACHES AND TROLLEY
COACHES PROHIBITED.

It shall be unlawful for any person to smoke
any cigar, pipe or cigarette, or to carry any
lighted cigar, pipe or cigarette within the en-
closed section of any street car, cable car, motor
coach or trolley coach operated within the City
and County of San Francisco. (Amended by Ord.
4007, Series of 1939, App. 9/5/46)

Sec. 51.1.

(Added by Ord. 49-73, App. 2/8/73; amended by
Ord. 562-88, App. 12/27/88; repealed by Ord.
14-02, File No. 011845, App. 2/8/2002)

Public Nuisances

Sec. 55.

Sec. 51.2.

(Added by Ord. 49-73, App. 2/8/73; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

SEC. 52. PENALTY.

Any person who shall violate any of the
provisions of Sections 51, 51.1 or 51.2 of this
Article shall be guilty of a misdemeanor and,
upon conviction thereof, shall be punished by a
fine not exceeding $25 or by imprisonment in the
County Jail for not more than 10 days, or by both
such fine and imprisonment. (Added by Ord.
49-73, App. 2/8/73)

SEC. 53. SMOKING PROHIBITED IN
TAXICABS WHERE SIGN POSTED.

(a) Purpose. Because the smoking of to-
bacco or any other substance is a danger to
health and is a cause of considerable annoyance
and discomfort to those who must work in con-
fined spaces, the Board of Supervisors hereby
declares that the purpose of this Section is to
protect the health and welfare of taxicab drivers
who desire to work in a smoke-free environment.

(b) "No Smoking" Signs Required To Be

Provided. Every person, firm or corporation
operating a taxicab or taxicabs, as defined in
Section 1076 of this Code, pursuant to a permit
issued by the Chief of Police shall provide a "no
smoking" sign and/or the international no-
smoking symbol for each vehicle during all hours
of operation and shall authorize the driver of the
vehicle to determine whether or not to post the
no-smoking sign or symbol in the vehicle.

(c) Smoking Prohibited Where "No
Smoking" Sign Posted. It shall be unlawful for
any person to smoke or carry a lighted cigar,
cigarette or pipe in a taxicab wherein a "no
smoking" sign and/or the international no-
smoking symbol is posted in a place readily to be
seen and read by the passengers.

(d) No Private Right of Action. In under-
taking the enforcement of this ordinance, the
City and County of San Francisco is assuming an
undertaking only to promote the general wel-
fare. It is not assuming, nor is it imposing on its
officers and employees, an obligation for breach

of which it is liable in money damages to any
person who claims that such breach proximately
caused injury.

(e) No Intent to Affect Rights and Obli-
gations Under State Law. This Section is not
intended to affect any rights or obligations of
taxicab operators or patrons conferred or im-
posed by state law. (Added by Ord. 74-86, App.
3/14/86; amended by Ord. 562-88, App. 12/27/88)

SEC. 53.1. PENALTY.

Any person who shall violate the provisions
of Section 53 of this Article shall be guilty of a
misdemeanor and, upon conviction thereof, shall
be punished by a fine not exceeding $25 or by
imprisonment in the County Jail for not more
than 10 days, or by both such fine and imprison-
ment. (Added by Ord. 74-86, App. 3/14/86)

SEC. 55. SMOKING, ETC., ON
WHARVES, ETC.

(a) It shall be unlawful for any person to
smoke, carry or possess a lighted cigar, cigarette,
or pipe, or to smoke tobacco or any other similar
substance in any form, or to ignite any match or
mechanical lighter on or in any wharf, pier, dock,
bulkhead, or marine facility; provided, however,
that tobacco may be smoked in any area or space
on or in any such place or structure, that may be
set apart for such purpose by the joint action of
the Chief of the Fire Department and the Board
of State Harbor Commissioners, and clearly so
designated by duly posted signs; but any such
permission to smoke in a designated area or
space may be withdrawn at any time by like joint
action. Provided, however, that in every area or
space set apart as a space or area within which
smoking is permitted, in accordance with the
provisions of this Section, there shall be provided
at least one approved fireproof container filled
with sand for every three hundred square feet or
fraction thereof of floor area for the purpose of
depositing cigarettes or cigar butts, tobacco,
matches and other material which may be pro-
ductive of starting fires and at least one ap-
proved portable fire extinguisher for every five
hundred square feet or fraction thereof of said
floor area, which fire extinguisher shall be at

Sec. 55.

San Francisco — Police Code

least two and one-half gallon capacity or at least
one quart capacity if said fire extinguisher is of
the carbon tetrachloride type.

(b) It shall be unlawful for any person to
smoke, carry or possess a lighted cigar, cigarette,
or pipe, or to smoke tobacco or any other similar
substance in any form, or to ignite any match or
mechanical lighter on any vessel moored at any
wharf, pier, dock, bulkhead, or marine facility;
provided, however, that tobacco may be smoked
in any area or space that may be set apart for
such purpose on any such vessel by the joint
action of the Chief of the Fire Department and
the master of said vessel, and clearly so desig-
nated by duly posted signs; but, any such per-
mission to smoke in a designated area or space
may be withdrawn at any time by like joint
action; and provided further, that in no case shall
smoking be permitted

(1) On weather decks,

(2) When loading or discharging explosives,

(3) In cargo spaces,

(4) When gas freeing ship's tanks or when
loading in bulk any liquid inflammable cargo
having a flash point of 80° F. or below. (Amended
by Ord. 2692, Series of 1939, App. 4/26/44)

SEC. 55.1. OPEN FLAME OR ELECTRIC
ARC UNLAWFUL— EXCEPTION.

It shall be unlawful for any person to use an
open flame of any character or an electric arc,
excepting only when said open flame or electric
arc is necessarily employed in the making of
repairs, alterations, or structural changes on or
in any wharf, pier, dock, bulkhead or marine
facility or within any hatch, hold or other space
wherein cargo of any character is or may be kept
or stored in any vessel on or within the limits of
the City and County of San Francisco. (Added by
Ord. 2692, Series of 1939, App. 4/26/44)

SEC. 56. AUTHORITY TO MAKE RULES.

The Chief Engineer of the Fire Department,
in conjunction with the Chief of the Division of
Fire Prevention and Investigation, is hereby
authorized and given full power and authority to
make all necessary rules and regulations, not in

conflict with the provisions of Sections 55 and
55.1 of this Chapter, providing for the use of any
open flame or electric arc when the same are
used in the making of repairs, alterations, or
structural changes on any wharf, pier, dock,
bulkhead or marine facility or within any hatch,
hold or other space wherein cargo of any charac-
ter is or may be kept or stored in any vessel on or
within the limits of the City and County of San
Francisco, and providing for the safe and proper
fire protection for any area or space, including
any office or lunchroom, wherein smoking is
permitted in accordance with Section 55 of this
Chapter. (Amended by Ord. 2692, Series of 1939,
App. 4/26/44)

SEC. 57. VIOLATION.

Any person who shall violate any of the
provisions of Sections 55, 55.1 and 56 of this
Article, or any rule or regulation made by the
Chief of the Fire Department in conjunction with
the Chief of the Division of Fire Prevention and
Investigation, under authority hereof, shall be
guilty of a misdemeanor and shall be punished
by a fine of not exceeding $500, or imprisonment
in the County Jail for not more than six months,
or by both such fine and imprisonment. (Amended
by Ord. 1691, Series of 1939, App. 4/26/44)

SEC. 58. EXCEPTION.

The Municipal Recreation Concrete Pier at
the Aquatic Park shall be exempt from the pro-
visions of Sections 55 and 57 of this Article,
except those provisions contained in Section 56
of this Article. (Added by Ord. 1.075, App. 10/11/
38)

SEC. 63. OBSTRUCTIONS ON STREETS
AND SIDEWALKS.

(a) It shall be unlawful for any person, firm
or corporation, occupying or having charge or
control of any premises, to place or cause to be
placed, or suffer to remain upon the sidewalk, or
upon the half of the street in front of such
premises, any Article or substance which shall
obstruct the passage of such street or sidewalk.

Public Nuisances

Sec. 87.

(b) It shall be unlawful for any person, firm
or corporation to enter into a lease, rental agree-
ment or contract of any kind, written or oral,
with or without compensation, for the use of any
street or sidewalk.

(c) As an alternative to any other fines or
penalties applicable to a violation of this section,
any person, firm or corporation who is in viola-
tion of this section shall be subject to an admin-
istrative penalty not to exceed $300 for each
violation. The administrative penalty shall be
assessed, enforced and collected in accordance
with Section 39-1 of this Code. (Amended by Ord.
169-87, App. 5/4/87; Ord. 87-03, File No. 030482,
App. 5/9/2003)

SEC. 64. EXCEPTIONS.

The provisions of Section 63(a) of this Article
shall not apply to:

(a) Goods or merchandise in actual course
of receipt, delivery or removal;

(b) Lamp posts or hydrants, erected by per-
mission of the Director of Public Works;

(c) Any tree, plant or shrub planted in the
sidewalk area, or any boxed or potted tree, plant
or shrub set on the sidewalk area when the
containers are not attached to the building;

(d) Watering troughs placed by permission
of the Director of Public Works upon sidewalks
for the accommodation of the public;

(e) Bicycle racks or motorcycle racks placed
upon the sidewalks by permission of the Director
of Public Works and of the adjoining property
owners for the accommodation of persons using
such bicycle or motorcycle, the same not to
exceed three feet in width and three feet in
height and to be entirely devoid of advertising
matter; provided, that motorcycle racks shall be
supplied with a metallic pan for the purpose of
catching oil drippings;

(f) Hitching posts placed by permission of
the Director of Public Works upon sidewalks, in
accordance with pattern indicated in the design
approved by and on file in the office of said
Director;

(g) Sockets to be placed upon the outer line
of the sidewalk within the curb line for the
support of flagpoles to be used for the display of
flags. The said sockets shall be approved by, and
installed under the supervision and to the satis-
faction of, the Director of Public Works;

(h) "A" boards or advertising signs, placed
and displayed by authorized representatives of
the Armed Forces of the United States, in aid of
their respective recruitment programs;

(i) A display stand placed on the sidewalk,
within a certain area as set forth in Sections 153
and 183-1 of Article 5.3 of the Public Works Code,
for display of fruits and vegetables or nonfood
merchandise. The display stand shall be ap-
proved by, placed under the supervision of, and
maintained under conditions established by, the
Director of Public Works. (Amended by Ord.
523-83, App. 11/4/83)

SEC. 69. PILING OF LUMBER AND
TIMBER REGULATED.

It shall be unlawful for any person, firm or
corporation to place or pile, or cause to be placed
or piled, any lumber or timber to a greater height
than 35 feet measured vertically from the gen-
eral level of the ground on which it is placed or
piled. (Added by Ord. 1.075, App. 10/11/38)

SEC. 74. HYDRANTS, OBSTRUCTION
OF, PROHIBITED.

It shall be unlawful for any person to ob-
struct any hydrant on any public street, or to
place or deposit any lumber, rock, sand, or other
substance within 15 feet of any hydrant on the
roadway of any street. (Added by Ord. 1.075,
App. 10/11/38)

SEC. 87. SCATTERING BILLPOSTING
REFUSE PROHIBITED.

No person, firm or corporation shall scatter,
daub or leave any paint, paste, glue, or other
substance used for painting or affixing advertis-
ing matters upon any public street or sidewalks
or scatter or throw or permit to be scattered or
thrown any bills, waste matter, paper, cloth or
materials of whatsoever kind removed from bill-

Sec. 87.

San Francisco — Police Code

boards on any public street or on private prop-
erty. (Added by Ord. 1.075, App. 10/11/38)

Sec. 92.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

Sec. 93.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

Sec. 94.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

SEC. 95. PROHIBITING THE FREE
DISTRIBUTION OF TOBACCO IN PUBLIC
PLACES; PENALTY.

(a) No person, firm, association or corpora-
tion in the business of selling or otherwise dis-
tributing cigarettes or other tobacco or smoking
products for commercial purposes shall in the
course of such business distribute, or direct,
authorize, or permit any agent or employee to
distribute, (1) any cigarette or other tobacco or
smoking product, including any smokeless to-
bacco product, or (2) coupons, certificates, or
other written material which may be redeemed
for tobacco products without charge, to any per-
son on any public street or sidewalk or in any
public park or playground or on any other public
ground in any public building.

(b) No agent or employee of any person,
firm, association or corporation in the business
of selling or otherwise distributing cigarettes or
other tobacco or smoking products for commer-
cial purposes shall in the course of such business
distribute (1) any cigarette or other tobacco or
smoking product, including any smokeless to-
bacco product, or (2) coupons, certificates, or
other written material which may be redeemed
for tobacco products without charge, to any per-
son on any public street or sidewalk or in any
public park or playground or on any other public
ground or in any public building.

(c) Any person, firm, association or corpora-
tion who violates Subsection (a) shall be deemed
guilty of a misdemeanor and upon conviction

shall be punished by a fine of $1,000 or by
imprisonment in the County Jail for a period not
to exceed six months, or by both such fine and
imprisonment. Each distribution of cigarettes or
other tobacco or smoking products to a person
shall be considered a separate offense.

(d) Any person violating Subsection (b) shall
be deemed guilty of an infraction. Every viola-
tion is punishable by (1) a fine not exceeding
$100 for a first violation; (2) a fine not exceeding
$200 for a second violation within one year; (3) a
fine not exceeding $500 for each additional vio-
lation within one year. Each distribution of ciga-
rettes or other tobacco or smoking products to a
person shall be considered a separate offense.
(Added by Ord. 296-88, App. 6/29/88)

[The next page is 51]

ARTICLE 1.1: REGULATING THE USE OF VEHICLES
FOR HUMAN HABITATION

Sec.

96.

Definitions.

Sec.

97.

Use of Vehicles for Human
Habitation Prohibited.

Sec.

97.1.

Exception.

Sec.

98.

Penalty.

Sec.

99.

Severability.

SEC. 96. DEFINITIONS.

For the purpose of this Article the following
words and phrases shall mean and include:

(a) House car. House car shall mean a
motor vehicle originally designed or perma-
nently or temporarily altered and equipped for
human habitation, or to which a camper has
been permanently or temporarily attached.

(b) Camper. Camper shall mean a struc-
ture designed to be mounted upon a motor ve-
hicle and to provide facilities for human habita-
tion or camping purposes.

(c) Trailer Coach. Trailer coach is a struc-
ture designed to be drawn by a motor vehicle for
human habitation, or human occupancy, for car-
rying persons or property on its own.

(d) Person. An individual, firm, partner-
ship, joint adventure, association, social club,
fraternal organization, joint stock company, cor-
poration, estate, trust, business trust, receiver,
trustee, syndicate, or any other group or combi-
nation acting as a unit excepting the United
States of America, the State of California, and
any political subdivision of either thereof. (Added
by Ord. 77-71, App. 4/2/71)

SEC. 97. USE OF VEHICLES FOR
HUMAN HABITATION PROHIBITED.

(a) No person shall use or occupy or permit
the use or occupancy of any house car, camper or
trailer coach for human habitation, including but
not limited to sleeping, eating or resting, either
single or in groups, on any street, park, beach,

square, avenue, alley or public way, within the
City and County of San Francisco between the
hours of 10:00 p.m. and 6:00 a.m.

(b) No person shall use or occupy or permit
the use or occupancy of any motor vehicle for
human habitation, either single or in groups, on
any street, park, beach, square, avenue, alley or
public way, within a residential neighborhood of
the City and County of San Francisco between
the hours of 10:00 p.m. and 6:00 a.m. For the
purposes of this Section, "motor vehicle" shall
mean any self-propelled vehicle other than a
house car, camper or trailer coach. "Residential
neighborhood" shall mean any area of the City
zoned for R-H, R-M or R-C use under the City
Planning Code, and "habitation" shall mean the
use of a motor vehicle as a dwelling place, and
shall not mean the use of a motor vehicle for
allevation of sickness or temporary physical in-
ability to operate such motor vehicle. (Amended
by Ord. 417-84, App. 10/5/84)

SEC. 97.1. EXCEPTION.

The General Manager of the Recreation and
Park Department may by written permit allow
the use or occupancy of any housecar, camper or
trailer coach on or in any property under the
jurisdiction of the Recreation and Park Commis-
sion when he finds that such use is necessary for
the operation and protection of City property and
livestock.

The permission granted by the General Man-
ager may be revoked upon five days written
notice to the permittee. (Added by Ord. 77-71,
App. 4/2/71)

SEC. 98. PENALTY.

Any person who violates any provisions of
this Article shall be deemed guilty of a misde-
meanor and upon conviction such person shall be
punished by a fine of not to exceed $1,000 or by
imprisonment in the County Jail for a period not

Sec. 98. San Francisco— Police Code 52

to exceed six months, or by both such fine and
imprisonment. (Added by Ord. 77-71, App. 4/2/
71)

SEC. 99. SEVERABILITY.

If any section, subsection, subdivision, para-
graph, 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 Code or any part
thereof. The Board of Supervisors hereby de-
clares 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, sub-
divisions, paragraphs, sentences, clauses or
phrases be declared unconstitutional or invalid
or ineffective. (Added by Ord. 77-71, App. 4/2/71)

[The next page is 63]

ARTICLE 1.2 DISCRIMINATION IN HOUSING AGAINST FAMILIES WITH

MINOR CHILDREN

Sec. 100. Findings.

Sec. 101. Definition: Housing

Accommodation.

Sec. 102. Prohibited Activity.

Sec. 103. Occupancy Standards.

Sec. 104. Tenant Age Policy Not

Prohibited.

Sec. 105. Requirements of Financial

Obligations Not Prohibited.

Sec. 106. Penalty.

Sec. 107. Civil Action.

Sec. 107.1. Liability.

Sec. 107.2. Injunctive Relief.

Sec. 107.3. Administrative Remedies.

Sec. 107.4. Limitation on Actions.

Sec. 107.5. Bar.

Sec. 108. Severance Clause.

SEC. 100. FINDINGS.

After public hearings with the reception of
testimony and documentary evidence, we find
that discrimination against families with minor
children in the leasing or renting of housing
accommodations exists within the City and County
of San Francisco. We further find that the exist-
ence of such discrimination poses a substantial
threat to the health and welfare of a sizable
segment of the community, namely families with
minor children.

We find that a shortage of housing suitable
for families with minor children exists within the
City and County. We further find that a low
vacancy rate exists in all rental housing through-
out San Francisco. The addition of discrimina-
tion against families with minor children to the
above two factors creates an untenable situation
for the children of San Francisco.

We find that existing state and local laws
prohibiting housing discrimination against fami-
lies with children have not stopped acts of dis-

crimination. Some landlords have attempted to
circumvent these laws by engaging in subtle
forms of discrimination that do not overtly ex-
clude families with children but that nonetheless
limit their opportunities to rent. Some landlords
use overly restrictive occupancy standards to
limit the number of persons who can reside in a
rental unit. These standards have an adverse
effect on the ability of families with children to
rent because families with children tend to have
a larger number of persons per household than
childless households. Other forms of subtle dis-
crimination include rent surcharges for addi-
tional occupants of a unit and unreasonable
rules governing children's conduct in and around
the rental unit.

The overall effect of such discrimination is to
encourage the flight of families from the City and
to further diminish family-oriented neighbor-
hoods. It has an overall detrimental effect on the
composition of the City, the stability of neighbor-
hoods, the preservation of family life within the
City, the living conditions of our children, the
quality of our schools, and the viability of children's
activities and organizations.

This discrimination cuts across all racial,
ethnic and economic levels but has a dispropor-
tionate and adverse effect on racial and ethnic
minority families. (Added by Ord. 320-75, App.
7/14/75; amended by Ord. 399-87, App. 9/25/87)

SEC. 101. DEFINITION: HOUSING
ACCOMMODATION.

Residential rental unit consisting of one or
more rooms. (Added by Ord. 320-75, App. 7/14/
75; amended by Ord. 399-87, App. 9/25/87)

SEC. 102. PROHIBITED ACTIVITY.

It shall be unlawful for the owner, lessor,
lessee, sublessee, real estate broker, assignee, or
other person having the rights of ownership, the

Sec. 102.

San Francisco — Police Code

right of possession, or the right to rent or lease
any housing accommodations, or any agent or
employee of such person to:

(a) Refuse to rent or lease, or otherwise
deny to or withhold from any person such accom-
modations because such person has a minor
child or children who shall occupy the leased or
rented premises with such person;

(b) Represent to any person because of the
potential tenancy of a minor child or children
that housing accommodations are not available
for inspection or rental when such dwelling is in
fact so available;

(c) Make, print, or publish, or cause to be
made, printed or published any notice, state-
ment, or advertisement, with respect to the rental
of housing accommodations that indicates any
preference, limitation, or discrimination based
on the potential tenancy of a minor child or
children;

(d) Discriminate against any person in the
terms, conditions or privileges of the rental of
housing accommodations or in the provision of
services or facilities in connection therewith,
because of the potential tenancy of a minor child
or children;

(e) Refuse to rent after the making of a bona
fide offer, or to refuse to negotiate for the rental
of, or otherwise make unavailable or deny, hous-
ing accommodations to any person because of the
potential tenancy of a minor child or children;

(f) Include in any lease or rental agreement
of housing accommodations a clause providing
that as a condition of continued tenancy the
tenants shall remain childless or shall not bear
children;

(g) Charge additional rent, deposits, fees, or
surcharges on the basis of actual or potential
number or age of persons living in the housing
accommodations;

(h) Establish unreasonable rules for, or con-
ditions of, occupancy of housing accommodations
which have the effect of excluding or discrimi-
nating against persons with children. Examples
of unreasonable rules include, but are not lim-
ited to, the following:

(1) Restricting the hours during which mi-
nor children but not adults may use recreational
facilities on the property;

(2) Requiring that minor children who are
six years of age or older be accompanied by a
parent or other adult when using common areas
which are accessible to all tenants and which do
not present any unusual hazards;

(3) Limiting the occupancy of persons with
children to certain units, floors or areas of an
apartment building; and

(4) Prohibiting children of the opposite sex
from sharing the same bedroom.

Nothing in this subsection shall preclude a
property owner or other person having the right
to rent or lease any housing accommodations
from adopting reasonable policies or practices
regulating the use of the accommodations or its
common areas, facilities, and services even though
those policies and practices have the effect of
excluding persons with children. A policy or
practice is reasonable, under this subsection, if it
fulfills a business necessity. Business necessity
is demonstrated by independent and objective
evidence that the policy or practice in question
serves a legitimate and nondiscriminatory busi-
ness purpose and is essential to the safe and
continued operation of the business. (Added by
Ord. 320-75, App. 7/14/75; amended by Ord.
399-87, App. 9/25/87; Ord. 123-93, App. 4/29/93)

SEC. 103. OCCUPANCY STANDARDS.

No provision of this Article shall be construed
to authorize occupancies in violation of the floor-
area standards of Section 501.1 of Article 5 of the
San Francisco Housing code except that children
under the age of six shall not be counted for
purposes of determining whether a family com-
plies with the standards of the San Francisco
Housing Code. (Added by Ord. 399-87, App. 9/25/
87)

SEC. 104. TENANT AGE POLICY NOT
PROHIBITED.

In residential buildings otherwise covered by
this ordinance, where the owner has complied
with the requirements of Section 51.3 of the
California Civil Code pertaining to senior-citizen
housing, said owner or any other person enumer-

Discrimination in Housing Against Families with Minor Children

Sec. 108.

ated in Section 102 hereinabove shall be exempt
from the provisions of this ordinance. (Added by
Ord. 320-75, App. 7/14/75; amended by Ord.
399-87, App. 9/25/87)

SEC. 105. REQUIREMENTS OF
FINANCIAL OBLIGATIONS NOT
PROHIBITED.

This ordinance shall not prohibit the person
having the right to rent or lease the premises
from requiring the same financial obligations of
prospective tenants with minor children as he or
she may require of prospective tenants without
children. However, no discrimination in the
amount or manner of payment of said financial
obligations shall be permitted. (Added by Ord.
320-75, App. 7/14/75)

SEC. 106. PENALTY.

Any person who violates any provision of
Section 102 of this Article shall be deemed guilty
of a misdemeanor, and upon conviction thereof
shall be punished by a fine of not more than
$2,000 or by imprisonment in the County Jail for
a period of not more than six months, or both.

Any person believing that a violation of said
section has been committed may file a complaint
with the District Attorney. (Added by Ord. 320-
75, App. 7/14/75; amended by Ord. 399-87, App.
9/25/87)

SEC. 107. CIVIL ACTION.

Any aggrieved person may enforce the provi-
sions of this Article by means of a civil action.
(Added by Ord. 399-87, App. 9/25/87)

SEC. 107.1. LIABILITY.

not more than $400, together with attorney's
fees, costs of action, and punitive damages. (Added
by Ord. 399-87, App. 9/25/87)

SEC. 107.2. INJUNCTIVE RELIEF.

(a) Any person who commits, or proposes to
commit, an action in violation of this Article may
be enjoined therefrom by any court of competent
jurisdiction.

(b) Any action for injunctive relief under
this Article may be brought by any aggrieved
person, by the District Attorney, by the City
Attorney, or by any person or entity that will
fairly and adequately represent the interests of
the protected class. (Added by Ord. 399-87, App.

. 9/25/87)

SEC. 107.3. ADMINISTRATIVE
REMEDIES.

A person or organization who believes that a
violation of the provisions of this Article has
occurred may file with the Human Rights Com-
mission a complaint pursuant to the procedures
of Article 33 of the San Francisco Police Code,
Section 3307(b). (Added by Ord. 399-87, App.
9/25/87)

SEC. 107.4. LIMITATION ON ACTIONS.

Judicial actions or complaints to the Human
Rights Commission under this Article must be
filed within one year of the alleged discrimina-
tory acts. (Added by Ord. 399-87, App. 9/25/87)

SEC. 107.5. BAR.

A complaint to the Human Rights Commis-
sion is not a prerequisite to the filing of a civil
action under this section. The pendency of a
complaint before the Human Rights Commission
shall not bar any civil action under this section,
but a final judgment in any civil action shall bar
any further proceedings by the Human Rights
Commission. (Added by Ord. 399-87, App. 9/25/
87)

SEC. 108. SEVERANCE CLAUSE.

If any article, section, subsection, paragraph,
sentence, clause or phrase of this Code, or any
part thereof, is for any reason held to be uncon-

Sec. 108. San Francisco— Police Code 66

stitutional or invalid or ineffective by any court
of competent jurisdiction, or other competent
agency, such decision shall not affect the validity
or effectiveness of the remaining portions of this
Code or any part hereof. The Board of Supervi-
sors hereby declares that it would have passed
each Article, section, subsection, paragraph, sen-
tence, clause or phrase thereof, irrespective of
the fact that any one or more Articles, sections,
subsections, paragraphs, sentences, clauses or
phrases be declared unconstitutional or invalid
or ineffective. (Added by Ord. 320-75, App. 7/14/
75; amended by Ord. 399-87, App. 9/25/87)

[The next page is 71]

ARTICLE 1.3: TEMPORARY MORATORIUM ON RENTAL INCREASES

RENT ROLLBACK BASED UPON APRIL 15, 1979, RENTAL RATES

AND REFUNDING ANY RENT INCREASES

Sec. 109.1. Purpose.

Sec. 109.2. Definitions.

Sec. 109.3. Rental Increase Moratorium

and Rollback Provisions.
Sec. 109.4. Violation of Ordinance.
Sec. 109.5. Refusal of a Tenant to Pay a

Rent Increase.
Sec. 109.6. Severability.
Sec. 109.7. Extension.

SEC. 109.1. PURPOSE.

The passage of Proposition 13, the property
tax reform measure on June 6, 1978 ballot, has
meant substantial property tax decreases to most
landlords in the City and County of San Fran-
cisco. Through the use of a Renters Hot Line and
public hearings, it has been found that a sub-
stantial number of landlords have increased the
rents of tenants, and few have decreased rents,
despite the passage of Proposition 13.

The Board of Supervisors will be considering
the feasibility and desirability of measures de-
signed to address the problems created by the
unjustified spiraling rents in the City and County
of San Francisco. Pending further study of the
development and adoption of measures to ad-
dress the problems created by the unjustified
rent increases, it is necessary to temporarily roll
back rents and, through June 14, 1979, to pro-
hibit most rental increases on rental residential
units within the City and County of San Fran-
cisco. (Added by Ord. 181-79, App. 4/24/79)

SEC. 109.2. DEFINITIONS.

(a) Housing Services. Services connected
with the use or occupancy of a rental unit includ-
ing, but not limited to, repairs, replacement,
maintenance, painting, light, heat, water, eleva-
tor service, laundry facilities and privileges, jani-

tor service, refuse removal, furnishings, tele-
phone, parking and any other benefits, privileges
or facilities.

(b) Landlord. An owner, lessor, sublessor,
including any person, firm, corporation, partner-
ship, or other entity, entitled to receive rent for
the use of any rental unit, or the agent, repre-
sentative or successor of any of the foregoing.

(c) Moratorium Period. The period of time
beginning on the effective date of this article and
continuing through June 14, 1979, or until such
time as the Board of Supervisors establishes a
procedure for the adjustment and/or regulations
of rents, whichever occurs first. During this
period, rents shall not be increased.

(d) Rent. The consideration, including any
bonus, benefits or gratuity demanded or re-
ceived, for or in connection with the use or
occupancy of a rental unit or the transfer of a
lease for such a unit, including but not limited to
monies demanded or paid for parking, for fur-
nishings, for housing services of any kind, for
subletting, or for security deposits for damages
and/or for cleaning.

(e) Rental Units. All dwellings in the City
and County of San Francisco designed for rental
use or actually rented at any time on or after
June 1, 1977 including single family dwellings
and mobile homes, together with the land and
buildings appurtenant thereto, and all services,
privileges, furnishings and facilities supplied in
connection with the use or occupancy thereof,
including garage and parking facilities. The term
shall not include:

(1) Housing accommodations in hotels, mo-
tels, inns, tourist homes and rooming and board-
ing houses (which are rented primarily to tran-
sient guests for a period of less than 14 days);

Sec. 109.2.

San Francisco - Police Code

(2) Dwelling units in nonprofit cooperatives
owned and controlled by a majority of the resi-
dents;

(3) Housing accommodations in any hospi-
tal, convent, monastery, extended care facility,
asylum, nonprofit home for the aged, or in dor-
mitories owned and operated by an institution of
higher education, a high school, or an elemen-
tary school;

(4) Dwelling units which a government unit,
agency or authority owns, operates, or manages
or which are specifically exempted from munici-
pal rent regulation by state or federal law or
administrative regulation;

(5) Dwelling units located in a structure
completely or newly constructed after the effec-
tive date of this Article;

(6) Dwelling units subject to a legally bind-
ing lease which sets forth the rental unit rent,
provided that said lease was entered into prior to
the effective date of this ordinance.

(f) Tenant. A tenant, subtenant, lessee,
sublessee or any other person entitled to the use
or occupancy of any rental unit. (Added by Ord.
181-79, App. 4/24/79)

SEC. 109.3. RENTAL INCREASE
MORATORIUM AND ROLLBACK
PROVISIONS.

(a) Beginning on the effective date of this
article and continuing through June 14, 1979, or
until such time as the Board of Supervisors
establishes a procedure for the adjustment and/or
regulation of rents, whichever occurs first, rental
units rents shall not be increased.

(b) During the moratorium period, the mini-
mum rent for a rental unit in the City and
County of San Francisco shall be the following:

(1) For a rental unit which was rented as of
April 15, 1979, and continued to be rented there-
after to one or more of the same persons:

The rent shall not exceed that in effect on
April 15, 1979. The level of housing services
provided to the rental unit on that date shall not
be reduced during the moratorium period.

(2) For a rental unit which was not rented
as of April 15, 1979, but which was rented on or
after April 16, 1979:

The rent shall not exceed that received for
said rental unit when last occupied. The level of
housing services provided to the rental unit or
the re-rental date shall not be reduced during
the moratorium period.

(3) For a rental unit vacated on or after
April 16, 1979, and prior to the end of the
moratorium period:

The rent shall not exceed that received for
said rental unit when last occupied. The level of
housing services provided to the rental unit
when last occupied shall not be reduced during
the moratorium period.

(c) Any increase above the maximum rent
for a rental unit collected for the period of April
16, 1979 through June 14, 1979 shall be re-
funded by the landlord to the tenant(s). Said
refund shall be made within 10 days of the
effective date of this ordinance. (Added by Ord.
181-79, App. 4/24/79)

SEC. 109.4. VIOLATION OF
ORDINANCE.

It shall be unlawful for any landlord to de-
mand, accept, receive or retain any payment of
rent in excess of the maximum lawful rents set
forth in this Article. Any person violating any of
the provisions, or failing to comply with any of
the requirements, of this Article shall be guilty of
a misdemeanor. Any person convicted of a mis-
demeanor under the provisions of this Article
shall be punishable by a fine of not more than
$500 or by imprisonment in the County Jail for a
period of not more than six months, or by both.

73 Temporary Moratorium on Rental Increases Sec. 109.7.

Rent Rollback Based Upon April 15, 1979, Rental
Rates and Refunding Any Rent Increases

Each violation of any provision of this article,
and each day during which any such violation is
committed, permitted or continued, shall consti-
tute a separate offense. (Added by Ord. 181-79,
App. 4/24/79)

SEC. 109.5. REFUSAL OF A TENANT TO
PAY A RENT INCREASE.

A tenant may refuse to pay any increase in
rent which is in violation of this Article and such
violation shall be a defense in any action brought
to recover possession of a rental unit or to collect
the illegally charged rent increase. (Added by
Ord. 181-79, App. 4/24/79)

SEC. 109.6. SEVERABILITY.

If any provision or clause of this Article or the
application thereof to any person or circum-
stance is held to be unconstitutional or to be
otherwise invalid by any court of competent
jurisdiction, such invalidity shall not affect other
article provisions or clauses or applications, and
to this end the provisions and clauses of this
Article are declared to be severable. (Added by
Ord. 181-79, App. 4/24/79)

SEC. 109.7. EXTENSION.

The provisions of this ordinance are extended
through June 30, 1979, or until such time as the
Board of Supervisors establishes a procedure for
the adjustment and/or regulation of rents, which-
ever occurs first. (Added by Ord. 248-79, App.
6/5/79)

Sec. 109.7. San Francisco - Police Code 74

[The next page is 79]

ARTICLE 1.4: [RESERVED]

San Francisco - Police Code 80

[The next page is 89]

ARTICLE 1.5: DISPLAY OF LIFE AND PROPERTY CONSERVATION DECALS

Sec. 109.20. Definitions.

Sec. 109.21. Display of Life and Property

Conservation Decals.
Sec. 109.22. Costs of Removal.

SEC. 109.20. DEFINITIONS.

(a) The term "life and property conserva-
tion decals" as used in this Article shall include,
but not be limited to, any and all decals, signs,
stickers and other devices designed to be dis-
played as notice to the public generally or spe-
cifically to police, fire, public health and other
emergency services by persons occupying resi-
dential rental or leased property.

(b) The word "landlord" shall mean the per-
son(s) owning, in whole or in part, residential
property within the City and County which is
held out for rental or lease, and it shall include
any and all agents, brokers, managers, employ-
ees and other representatives of such person(s).

(c) The word "person" shall include, but not
be limited to, a natural person, partnership, firm
or corporation or any other kind of business or
legal entity.

(d) The word "tenant" shall include any and
all persons lawfully occupying residential prop-
erty pursuant to a lease or other rental agree-
ment, whether written or oral. (Added by Ord.
464-83, App. 9/16/83)

SEC. 109.21. DISPLAY OF LIFE AND
PROPERTY CONSERVATION DECALS.

A person is authorized by the provisions of
this Article to display life and property conser-
vation decals on windows, doors and other ap-
propriate parts of residential property in which
he or she is a tenant, and it shall be a prohibited
practice for any landlord to order or effect the
removal of such decals prior to the termination of
the tenancy. (Added by Ord. 464-83, App. 9/16/
83)

SEC. 109.22. Costs of removal.

In the event that a landlord incurs expenses
in order to remove a life and property conserva-
tion decal from residential property after the
termination of a tenancy, it shall be considered a
repair expense chargeable against the security
deposit as set forth in California Civil Code
Section 1950.5(b) and (e). (Added by Ord. 464-83,
App. 9/16/83)

Sec. 109.22. San Francisco - Police Code 90

[The next page is 95]

ARTICLE 2: DISORDERLY CONDUCT

Sec. 110. Ball Playing on Public Street

Prohibited.
Sec. 120-2. Aggressive Solicitation

Ban/Substance Abuse and

Mental Health Diversion

Program.
Sec. 122. Aggressive Pursuit Prohibited.

Sec. 123. Penalty.

Sec. 124. Findings.

Sec. 124.1. Definitions.
Sec. 124.2. Loitering Prohibited.
Sec. 124.3. Use of Toilet by More Than One

Person Prohibited.
Sec. 124.4. Warning Required Prior to

Enforcement.
Sec. 124.5. Penalties.
Sec. 124.6. Severability.
Sec. 125. Bribery of Police Officers

Prohibited.
Sec. 130. Defacement, Etc., of Property in

Civic Center Prohibited.
Sec. 131. Penalty.

Sec. 132. Intoxicating Liquors Prohibited

Upon Premises of San Francisco

General Hospital.
Sec. 133. Penalty.

Sec. 136. Flags, Bunting, Etc., Injury to,

Prohibited.
Sec. 148. Definition of Stadium.

Sec. 149. Excluding Intoxicated or

Disorderly Patrons.
Sec. 153. Urination and Defecation.

Sec. 157. Crowds to Disperse on Order of

Police Officer.

Sec. 163. Penalty.

Sec. 220. Visiting House of 111 Fame for

Unlawful Purpose Prohibited.

Sec. 221. Knowingly Becoming Inmate of

or Contributing to Support of
House of 111 Fame Prohibited.

Sec.

225

Sec.

226

Sec.

236

Sec.

240

Sec.

249

Sec.

250

Sec. 251.

Sec. 252.

Sec. 253.

Sec. 254.

Sec. 255.

Sec. 256.

Sec. 257.

Sec. 258.

Sec. 259.

Sec. 259.1.

Sec. 259.2.

Sec. 259.3.

Soliciting Prostitution

Prohibited.

Penalty.

Use of Buildings for Prostitution

Prohibited.

Unlawful to Offer or Agree to

Commit Prostitution, Etc.

Persons Convicted of Certain

Crimes Required to Register in

the Office of The Chief of Police.

Driving any Motor Vehicle by

Persons Convicted of Certain

Crimes Prohibited Without First

Registering Such Vehicle in the

Office of Chief of Police.

Chief of Police to Photograph

and Fingerprint Registrant.

Registration Required Within

Forty-Eight Hours.

Notice of Change of Residence

Required Within Twenty-Four

Hours.

False Statements Prohibited.

Penalty for Refusal or Neglect

to Comply.

Conviction Defined.

A Conviction Set Aside Not

Deemed a Conviction.

Penalty.

State Laws.

Registration Files Confidential.

Exemption.

Notice to Potential Victims of

Stalker.

SEC. 110. BALL PLAYING ON PUBLIC
STREET PROHIBITED.

It shall be unlawful for any person to play at
or participate in any game of ball on any public
street or highway. (Added by Ord. 1.075, App.
10/11/38)

Sec. 110.

San Francisco - Police Code

Sec. 115.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

Sec. 120.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Proposition M, 11/4/2003)

Sec. 120-1.

(Added by Proposition J, 11/3/92; repealed by

Proposition M, 11/4/2003)

SEC. 120-2. AGGRESSIVE
SOLICITATION BAN/ SUBSTANCE ABUSE
AND MENTAL HEALTH DIVERSION
PROGRAM.

(a) Findings. The people of San Francisco
find that the problems of aggressive and im-
proper solicitation are among the most difficult
and vexing faced by the City and that prior
approaches mostly have failed.

The people of San Francisco find that aggres-
sive solicitation for money in public and private
places threatens residents' and visitors' safety,
privacy and quality of life. San Franciscans seek
policies that preserve citizens' right to enjoy
public spaces free from fear and harassment
while protecting the free speech rights of indi-
viduals and groups, permitting appropriate and
safe commercial activities of street artisans, per-
formers and merchants and providing for the
basic needs of indigent and vulnerable popula-
tions. Where appropriate, San Franciscans also
seek to establish policies and programs that
limit the ability of indigent and homeless sub-
stance abusers to use cash contributions for the
purchase of alcohol and illegal drugs.

The people of San Francisco find that the
City's existing laws regulating panhandling and
solicitation are outdated and unenforceable as a
result of numerous court decisions and criminal-
ize violators instead of diverting them to screen-
ing and assessment for eligibility in drug and
alcohol dependency and mental health treat-
ment programs.

The people of San Francisco find that people
who aggressively or improperly solicit because of
drug or alcohol dependency or mental illness

should be diverted from the criminal court sys-
tem to a program of screening, assessment and
referral operated by the San Francisco Depart-
ment of Public Health.

(b) Goals. This section: (1) replaces prior
bans on panhandling, restrictions on aggressive
solicitation, and solicitation near automatic teller
machines (ATMs) rendered unenforceable by court
rulings with a new aggressive solicitation prohi-
bition; (2) establishes new specific prohibitions
on solicitation near ATM machines, near residen-
tial property, in parking lots, on median strips
and near freeway offramps and on the Municipal
Railway and the BART system; (3) establishes a
requirement that, as appropriate, violators of
this ordinance be diverted from the criminal
justice system to a screening and assessment
program to identify candidates for alcohol and
drug dependency treatment and mental health
services administered by the Department of Pub-
lic Health in order to clear their citations.

1. "Aggressive manner" shall mean:

A. Approaching or speaking to a person, or
following a person before, during or after solicit-
ing if that conduct is intended or is likely to
cause a reasonable person to fear bodily harm to
oneself or to another, or damage to or loss of
property or otherwise be intimidated into giving
money or other thing of value;

B. Continuing to solicit from a person after
the person has given a negative response to such
soliciting;

C. Intentionally touching or causing physi-
cal contact with another person without that
person's consent in the course of soliciting;

D. Intentionally blocking or interfering with
the safe or free passage of a pedestrian or vehicle
by any means, including unreasonably causing a
pedestrian or vehicle operator to take evasive
action to avoid physical contact;

E. Using violent or threatening gestures
toward a person solicited; or,

F. Following the person being solicited, with
the intent of asking that person for money or
other things of value.

Disorderly Conduct

Sec. 120-2.

2. "Soliciting" shall mean asking for money
or objects of value, with the intention that the
money or object be transferred at that time, and
at that place. Soliciting shall include using the
spoken, written, or printed word, bodily ges-
tures, signs, or other means with the purpose of
obtaining an immediate donation of money or
other thing of value or soliciting the sale of goods
or services.

3. "Public place" shall mean a place where a
governmental entity has title, to which the pub-
lic or a substantial group of persons has access,
including but not limited to any street, highway,
parking lot, plaza, transportation facility, school,
place of amusement, park, or playground.

4. "Check cashing business" shall mean any
person duly licensed by the Attorney General to
engage in the business of cashing checks, drafts
or money orders for consideration pursuant to
Section 1789.31 of the California Civil Code.

5. "Automated teller machine" shall mean a
device, linked to a financial institution's account
records, which is able to carry out transactions,
including, but not limited to: account transfers,
deposits, cash withdrawals, balance inquiries,
and mortgage and loan payments.

6. "Automated teller machine facility" shall
mean the area comprised of one or more auto-
matic teller machines, and any adjacent space
that is made available to banking customers
after regular banking hours.

(d) Prohibited acts.

1. No person shall solicit in an aggressive
manner in any public place.

2. No person shall solicit within twenty feet
of any entrance or exit of any check cashing
business or within twenty feet of any automated
teller machine without the consent of the owner
of the property or another person legally in
possession of such facilities. Provided, however,
that when an automated teller machine is lo-
cated within an automated teller machine facil-
ity, such distance shall be measured from the
entrance or exit of the facility.

3. No person shall solicit an operator or
other occupant of a motor vehicle while such
vehicle is located on any street or highway on-

ramp or off-ramp, for the purpose of performing
or offering to perform a service in connection
with such vehicle or otherwise soliciting dona-
tions or the sale of goods or services. Provided,
however, that this paragraph shall not apply to
services rendered in connection with emergency
repairs requested by the operator or passenger of
such vehicle.

4. No person shall solicit in any public trans-
portation vehicle, or in any public or private
parking lot or structure.

5. Before any law enforcement officer may
cite or arrest a person under this ordinance, the
officer must warn the person that his or her
conduct is in violation of this ordinance and must
give the person an opportunity to comply with
the provisions of this ordinance.

(e) Penalties. Any person violating any pro-
vision of this section shall be guilty of a misde-
meanor 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 not to exceed $50, or
by attending a screening, assessment and diver-
sion program designed and administered by the
Department of Public Health and approved by
the San Francisco Public Health Commission to
identify candidates for drug and alcohol depen-
dency counseling and treatment and mental health
services. If charged as a misdemeanor, upon
conviction, the violator shall be punished by a
fine of not less than $50 or more than $100,
and/or by attending a screening, assessment and
diversion program designed and administered by
the Department of Public Health and approved
by the San Francisco Public Health Commission
to identify candidates for drug and alcohol de-
pendency counseling and treatment and mental
health services. Any person guilty of violating
this ordinance three or more times in a twelve
month period shall be guilty of a misdemeanor
and shall be fined not less than $300 or more
than $500, and/or referred to a screening, assess-
ment and diversion program designed and ad-
ministered by the Department of Public Health

Sec. 120-2.

San Francisco - Police Code

and approved by the San Francisco Public Health
Commission to identify candidates for drug and
alcohol dependency counseling and treatment
and mental health services, and/or referred to a
community service assignment, or imprisoned in
the county jail for a period no longer than three
months.

(f) Diversion Program. The Director of
Public Health shall establish, administer and/or
certify the assessment and screening programs
set forth in subsection (e) of this section and
shall establish guidelines for determining whether
and under what circumstances violators may be
eligible to participate in diversion programs. In
addition, the Department of Public Health shall
establish, administer and/or certify diversion pro-
grams appropriate for treatment of violators,
and shall establish guidelines for determining
whether the conditions of diversion have been
satisfied. All rules and guidelines governing the
diversion program shall be established by the
Director of Public Health subject to the approval
of the San Francisco Health Commission not
later than six months after the Board of Super-
visors has declared the results of the election at
which this measure is passed. Individuals who
are referred for treatment but fail to participate
in such treatment shall be subject to the other
penalties set forth in subsection (e) of this sec-
tion.

(g) Effective Date. This law shall become
effective six months after the Board of Supervi-
sors has declared the results of the election at
which this measure is passed.

(h) Severability. If any section, sentence,
clause, or phrase of this law is held invalid or
unconstitutional by any court of competent juris-
diction, it shall in no way affect the validity of
any remaining portions of this law. (Added by
Proposition M, 11/4/2003)

Sec. 121.

(Added by Proposition J, 6/7/94; repealed by

Proposition M, 11/4/2003)

SEC. 122. AGGRESSIVE PURSUIT
PROHIBITED.

(a) It shall be unlawful for any person to
engage in aggressive pursuit of another.

(b) For purposes of this Section, "aggressive
pursuit" shall mean the wilful, malicious or
repeated following or harassment of another
person, including, but not limited to, wilful or
malicious communications by telephone, modem,
facsimile or mail with the intent to cause annoy-
ance, intimidation or fear on the part of the
person being pursued. (Added by Ord. 90-94,
App. 2/25/94)

SEC. 123. PENALTY.

Any person violating Section 122 of this Ar-
ticle shall be guilty of aggressive pursuit, and
upon conviction thereof, shall be subject to a fine
of not more than $500, or by imprisonment in the
County Jail for a term not to exceed six months,
or by both such fine and imprisonment. (Added
by Ord. 90-94, App. 2/25/94)

SEC. 124. FINDINGS.

The People of the City and County of San
Francisco find that persons who loiter or linger
at or near automatic public toilets imperil the
public's safety and welfare. Some of the auto-
matic public toilets are being used as a place of
narcotics sales and use, and for disposal of hypo-
dermic needles. In addition, the People find that
persons making legitimate use of automatic pub-
lic toilets have become intimidated and fearful
for their safety because of the presence of per-
sons loitering in or near the toilets and leaving
drug paraphernalia in and around the toilets,
preventing persons with legitimate need for the
toilets from using the toilets. Limiting the num-
ber of persons who may use an automatic public
toilet at any one time and prohibiting loitering or
lingering at or near such toilets may decrease
the incidence of these crimes by providing law
enforcement officers with an additional crime
fighting tool that does not infringe on any person's
basic rights.

No state law addresses this type of behavior
or protects the public from these problems. (Added
by Ord. 215, File No. 011410, App. 11/2/2001)

SEC. 124.1. DEFINITIONS.

(1) For the purpose of this ordinance, a
person loiters or lingers at or near an automatic
public toilet when the person remains within 10
feet of such a toilet for a period of over two
minutes without lawful business.

Disorderly Conduct

Sec. 124.6.

(2) For the purpose of this ordinance, an
automatic public toilet is a single-user toilet
located on a public sidewalk or other public
property. Automatic public toilets include what
are commonly referred to as Decaux toilets.
(Added by Ord. 215, File No. 011410, App. 11/2/
2001)

SEC. 124.2. LOITERING PROHIBITED.

It shall be unlawful for any person to loiter or
linger at or near any automatic public toilet in
the City and County of San Francisco. This
section is not intended to prohibit any person
from engaging in any lawful business that must
be conducted within ten feet of an automatic
public toilet, such as (1) using an automatic
public toilet; (2) waiting in line to use an auto-
matic public toilet; (3) accompanying or assisting
another person who is using an automatic public
toilet; or (4) activities such as waiting for a bus at
a bus stop or waiting in line to enter a theater or
other business where the bus stop or line is
within 10 feet of an automatic public toilet.
Lawful business does not include any activity
that can be conducted more than 10 feet from a
public toilet. (Added by Ord. 215, File No. 011410,
App. 11/2/2001)

SEC. 124.3. USE OF TOILET BY MORE
THAN ONE PERSON PROHIBITED.

It shall be unlawful for more than one person
over the age of thirteen (13) years old to enter or
remain in an automatic public toilet at one time,
unless the person using the automatic public
toilet has a disability that causes the person to
require assistance, in which case the person's
assistants may enter and remain in an auto-
matic public toilet with the disabled person. The
Department of Public Works shall post signs on
all automatic public toilets notifying users of the
restrictions set forth in this section. (Added by
Ord. 215, File No. 011410, App. 11/2/2001)

SEC. 124.4. WARNING REQUIRED
PRIOR TO ENFORCEMENT.

Before any law enforcement officer may cite
or arrest a person under Sections 124.2 of this
ordinance, the officer must warn the person that

his or her conduct is in violation of this ordinance
and must give the person an opportunity to
comply with the provisions of this ordinance.
(Added by Ord. 215, File No. 011410, App. 11/2/
2001)

SEC. 124.5. PENALTIES.

(1) First Conviction. Any person violating
any provision of this ordinance shall be guilty of
an infraction. Upon conviction, the violator shall
be punished by a fine of not less than $50 or more
than $100, and/or community service, for each
provision violated.

(2) Subsequent Convictions. In any accu-
satory pleading charging a violation of Section
124.2 or 124.3, if the defendant has been previ-
ously convicted of a violation of such Sections,
each such previous violation and conviction shall
be charged in the accusatory pleading. Any per-
son violating any provision of such Sections a
second time within a 30-day period shall be
guilty of an infraction and shall be punished by a
fine of not less than $300 or more than $500,
and/or community service, for each provision
violated. Any person violating any provision of
such Sections a third time, and each subsequent
time, within a 30-day period shall be guilty of an
infraction and shall be punished by a fine of not
less than $400 and not more than $500, and/or
community service, for each provision violated.
(Added by Ord. 215, File No. 011410, App. 11/2/
2001)

SEC. 124.6. SEVERABILITY.

If any subsection, sentence, clause, phrase, or
word of this ordinance be for any reason declared
unconstitutional or invalid or ineffective by any
court of competent jurisdiction, such decision
shall not affect the validity or the effectiveness of
the remaining portions of this ordinance or any
part thereof. The People hereby declare that they
would have adopted this ordinance notwithstand-
ing the unconstitutionality, invalidity or ineffec-
tiveness of any one or more of its subsections,
sentences, clauses, phrases, or words. (Added by
Ord. 215, File No. 011410, App. 11/2/2001)

Sec. 125.

San Francisco - Police Code

100

SEC. 125. BRIBERY OF POLICE
OFFICERS PROHIBITED.

It shall be unlawful for any person to give" or
offer or promise to give any police officer, or for
any police officer to solicit or accept from any
person any bribe or reward as a consideration for
permitting the violation of any ordinance of this
city and county, or as a consideration for not
arresting any person who has violated any such
ordinance. (Added by Ord. 1.075, App. 10/11/38)

SEC. 130. DEFACEMENT, ETC., OF
PROPERTY IN CIVIC CENTER
PROHIBITED.

It shall be unlawful for any person to deface,
mar, scratch, or in any way injure the walls,
columns, balustrades, railings or ornaments of
the City Hall, Auditorium, Library or other build-
ing composing the Civic Center, or to deposit
rubbish on, or deface or injure in any manner the
grounds of the Civic Center, or to mutilate any of
the trees or structures therein. (Added by Ord.
1.075, App. 10/11/38)

SEC. 131. PENALTY.

Any person violating any of the provisions of
Section 130 of this Article shall be guilty of a
misdemeanor, and, upon conviction thereof, shall
be subject to a fine of not more than $50, or by
imprisonment in the County Jail for a period of
not more than 50 days, or by both such fine and
imprisonment. (Added by Ord. 1.075, App.
10/11/38)

SEC. 132. INTOXICATING LIQUORS
PROHIBITED UPON PREMISES OF SAN
FRANCISCO GENERAL HOSPITAL.

It shall be unlawful for any person to take,
transport, possess or consume any malt, vinous
or intoxicating liquors upon the premises of the
San Francisco General Hospital without permis-
sion of the Superintendent in charge or of the
Director of Public Health. (Added by Ord. 563-
58, App. 10/22/58)

SEC. 133. PENALTY.

Any person who shall violate any of the
provisions of Section 132 of this Article shall be

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. (Added by Ord. 563-58, App.
10/22/58)

SEC. 136. FLAGS, BUNTING, ETC.,
INJURY TO, PROHIBITED.

It shall be unlawful for any person to destroy,
mutilate or otherwise injure or deface any flag,
bunting, paraphernalia or other property of the
City and County used for decorative purposes
upon the streets or buildings within the City and
County, or to remove the same without the
permission of the department controlling such
property. (Added by Ord. 1.075, App. 10/11/38)

Sec. 141.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

Sec. 142.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

Sec. 147.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

SEC. 148. DEFINITION OF STADIUM.

For purposes of this article, a stadium is
defined as a location enclosed by a building,
structure, or fence designed to hold more than
25,000 patrons and designed for the exhibition of
an athletic event, whether on private or public
property, except property under the control of the
Recreation and Park Department. (Added by
Ord. 54-00, File No. 000475, App. 3/31/2000)

SEC. 149. EXCLUDING INTOXICATED
OR DISORDERLY PATRONS.

Members of the San Francisco Police Depart-
ment are authorized to order persons to stay out

101

Disorderly Conduct

Sec. 163.

of, or to leave, any stadium when such officers
have reasonable cause to conclude that the per-
son so excluded:

(a) Is using any drug, or any "controlled
substance" as that term is defined and described
in the California Health and Safety Code;

(b) Is under the influence of intoxicating
liquor, any drug, or any "controlled substance" as
that term is defined and described in the Cali-
fornia Health and Safety Code, or any combina-
tion of any intoxicating liquor, drug, or controlled
substance, and is in such a condition that he or
she is unable to exercise care for his or her own
safety or the safety of others or interferes with or
obstructs or prevents the use of the stadium by
other patrons;

(d) Throws any potentially dangerous ob-
ject;

(e) Possesses any firearm or other object
used primarily as a weapon;

(f) Climbs or jumps from any wall, fence or
structure;

(g) Gains admittance without paying;

(h) Disobeys any rule or regulation govern-
ing such stadium after being warned not to do so
by a police officer or employee of the stadium
owner or tenant, if the officer or employee has
reasonable cause to conclude that such behavior
damages or risks damage to property or injures
or risks injury to any person or interferes with
the use and enjoyment of such area or facility by
other persons; or

(i) Behaves in so noisy, boisterous or rowdy
a manner as to disturb spectators or participants
at any event at the stadium. (Added by Ord.
54-00, File No. 000475, App. 3/31/2000)

Sec. 152.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

SEC. 153. URINATION AND
DEFECATION.

(a) It shall be unlawful for any person to
deposit or cause to be deposited any human
urine or feces upon any public or private high-
way or road, including any portion of the right-
of-way thereof, or in or upon any private prop-
erty into or upon which the public is admitted by
easement or license, or upon any private prop-
erty without the consent of the owner, or in or
upon any public property other than property
designated or set aside for that purpose.

(b) Penalty. Any person who shall violate
the provisions of this Section shall be guilty of an
infraction, the penalty for which shall be a fine
which shall be not less than $50 nor more than
$500.

(c) The Department of Public Works shall
work with other City Departments to post and
update on the City's website a list of the loca-
tions and hours of operation of all available
City-operated restroom facilities.

(d) Exemption. Persons who violate this
ordinance due to verified medical conditions shall
be exempt from the enforcement provisions of
this ordinance. (Added by Ord. 160-02, File No.
020293, App. 7/19/2002)

SEC. 157. CROWDS TO DISPERSE ON
ORDER OF POLICE OFFICER.

Whenever the free passage of any street or
sidewalk shall be obstructed by a crowd, except
on occasion of public meeting, the persons com-
posing such crowd shall disperse or move on
when directed so to do by any police officer.
(Added by Ord. 1.075, App. 10/11/38)

Sec. 162.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 196-03, File No. 021948, App. 8/1/2003)

SEC. 163. PENALTY.

Any person violating any of the provisions of
Section 162 of this Article shall be guilty of a
misdemeanor, and, upon conviction thereof, shall
be subject to a fine of not less than $100 and not
more than $500, or by imprisonment in the

Sec. 163.

San Francisco - Police Code

102

County Jail for a term of not more than six
months, or by both such fine and imprisonment.
(Added by Ord. 1.075, App. 10/11/38)

Sec. 168.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

Sec. 169.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

Sec. 170.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

Sec. 171.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

Sec. 176.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

Sec. 177.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

Sec. 182.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

Sec. 183.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

Sec. 193.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

Sec. 194.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

Sec. 199.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

Sec. 205.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

Sec. 210.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

Sec. 215.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

SEC. 220. VISITING HOUSE OF ILL
FAME FOR UNLAWFUL PURPOSE
PROHIBITED.

It shall be unlawful for any person to resort
to or visit any disorderly house or house of ill
fame for the purpose of engaging in or observing
any lewd, indecent or obscene act or conduct.
(Amended by Ord. 60-58, App. 2/5/58)

SEC. 221. KNOWINGLY BECOMING
INMATE OF OR CONTRIBUTING TO
SUPPORT OF HOUSE OF ILL FAME
PROHIBITED.

It shall be unlawful for any person knowingly
to become an inmate of, or contribute to the
support of, any disorderly house or house of ill
fame. (Added by Ord. 60-58, App. 2/5/58)

SEC. 225. SOLICITING PROSTITUTION
PROHIBITED.

It shall be unlawful for any person on any
public street or highway or elsewhere, to solicit,
by word, act, gesture, knock, sign or otherwise,
any person for the purpose of prostitution. (Added
by Ord. 1.075, App. 10/11/38)

SEC. 226. PENALTY.

Any person violating the provisions of Sec-
tion 225 of this Article shall be guilty of a
misdemeanor, and upon conviction thereof, shall
be punished by a fine not to exceed $100, or by
imprisonment for not more than 50 days, or by
both such fine and imprisonment. (Added by
Ord. 1.075, App. 10/11/38)

103

Disorderly Conduct

Sec. 249.

Sec. 231.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

SEC. 236. USE OF BUILDINGS FOR
PROSTITUTION PROHIBITED.

It shall be unlawful for any person, company
or corporation owning or acting as agent for the
owner of any building to suffer or permit said
building or any portion thereof to be rented,
leased, occupied or used for the purposes of
prostitution. (Added by Ord. 1.075, App. 10/11/
38)

SEC. 240. UNLAWFUL TO OFFER OR
AGREE TO COMMIT PROSTITUTION,
ETC.

Every person is guilty of a misdemeanor who:

(a) Offers or agrees to commit any lewd or
indecent act or any act of prostitution; or

(b) Offers to secure another for the purpose
of committing any act of prostitution, fornica-
tion, assignation or for any other lewd or inde-
cent act with any other person; or

(c) Is in or near any thoroughfare or public
place for the purpose of inducing, enticing or
procuring another to commit an act of lewdness,
fornication or unlawful sexual intercourse; or

(d) Knowingly transports any person to any
place for the purpose of committing any lewd or
indecent act or any act of prostitution; or

(e) Knowingly receives, offers or agrees to
receive any person into any place or building for
the purpose of assignation or of performing any
act of lewdness or fornication, or knowingly
permits any person to remain there for any such
purposes; or

(f) Directs any person to any place for the
purpose of committing any lewd or indecent act
or any act of prostitution or fornication; or

(g) In any way aids or abets or participates
in the doing of any of the acts prohibited by
subdivisions (a) to (f), inclusive, of this Section.
(Added by Ord. 4428, Series of 1939, App. 5/12/
47)

Sec. 241.

(Added by Ord. 6094, Series of 1939, App. 6/23/

50; repealed by Ord. 14-02, File No. 011845, App.

2/8/2002)

Sec. 242.

(Added by Ord. 6094, Series of 1939, App. 6/23/

50; repealed by Ord. 14-02, File No. 011845, App.

2/8/2002)

Sec. 243.

(Added by Ord. 6094, Series of 1939, App. 6/23/

50; repealed by Ord. 14-02, File No. 011845, App.

2/8/2002)

Sec. 244.

(Added by Ord. 6094, Series of 1939, App. 6/23/

50; repealed by Ord. 14-02, File No. 011845, App.

2/8/2002)

Sec. 245.

(Added by Ord. 6094, Series of 1939, App. 6/23/

50; repealed by Ord. 14-02, File No. 011845, App.

2/8/2002)

Sec. 246.

(Added by Ord. 6094, Series of 1939, App. 6/23/

50; repealed by Ord. 14-02, File No. 011845, App.

2/8/2002)

Sec. 247.

(Added by Ord. 6094, Series of 1939, App. 6/23/

50; repealed by Ord. 14-02, File No. 011845, App.

2/8/2002)

Sec. 248.

(Added by Ord. 6094, Series of 1939, App. 6/23/

50; repealed by Ord. 14-02, File No. 011845, App.

2/8/2002)

SEC. 249. PERSONS CONVICTED OF
CERTAIN CRIMES REQUIRED TO
REGISTER IN THE OFFICE OF THE
CHIEF OF POLICE.

Every person who subsequent to July 1, 1944,
has been or hereafter is convicted of a crime in
the State of California under the provisions of
one or more of the following Sections of the Penal
Code of California, to-wit, Sections 265, 274, or

Sec. 249.

San Francisco - Police Code

104

Subdivision 2 of Section 261, or Subdivisions 3 or
5 of Section 311, or who has, subsequent to July
1, 1944, or is hereafter convicted of, in the State
of California, or elsewhere, any attempt or con-
spiracy to commit any offense described or re-
ferred to in this Section; or who has been or who
subsequently is convicted of any offense, at-
tempts included, in any other place than the
State of California subsequent to July 1, 1944,
which offense if committed in the State of Cali-
fornia would have been punishable under one or
more of the above mentioned Sections and comes
into the City and County of San Francisco from
any point outside of such City and County, whether
in transit through said City and County, or
otherwise, shall report to the Chief of Police
within 48 hours after his arrival within the
boundaries of said City and County, and shall
furnish to the Chief of Police in a written state-
ment signed by such person, the true name of
such person and each and every other name or
alias by which such person is or has been known,
a full and complete description of himself, the
name of each crime hereinabove in this Section
enumerated of which he shall have been con-
victed, together with the name of the place where
each such crime was committed, and the name
under which he was convicted, and the date of
the conviction thereof; the name, if any, and the
location of each prison, reformatory or other
penal institution in which he shall have been
confined as punishment therefor, together with
the location or address of his residence, stopping
place or living quarters in this City and County;
and each one thereof, if any, or the addresses or
location of his intended residence, stopping place
or living quarters therein and each one thereof,
with the description of the character of each such
place, whether a hotel, apartment house, dwell-
ing house, or otherwise, giving the street number
thereof, if any, or such description of the address
or location thereof as will so identify the same as
to make it possible of location, and the length of
time for which he expects or intends to reside
within the territorial boundaries of this City and
County. (Added by Ord. 6164, Series of 1939,
App. 7/31/50)

SEC. 250. DRIVING ANY MOTOR
VEHICLE BY PERSONS CONVICTED OF
CERTAIN CRIMES PROHIBITED
WITHOUT FIRST REGISTERING SUCH
VEHICLE IN THE OFFICE OF CHIEF OF
POLICE.

At the time of furnishing the information
required by Sections 249 to 259.2 of this Article,
such person and every person required to regis-
ter pursuant to Section 290 to the Penal Code,
shall also furnish information on any or all
motor vehicles owned or operated by him, to-wit:
make, body type, year of manufacture, motor
number, license number, color of vehicle and
other distinguishing features. Such person also
shall report to the Chief of Police any repair
work, painting, or other alterations changing the
general appearance of the motor vehicle made
after it has been registered, within 48 hours
after such alteration. Such a person shall not
drive any motor vehicle on which the above
information has not been filed with the Chief of
Police. (Added by Ord. 6164, Series of 1939, App.
7/31/50)

SEC. 251. CHIEF OF POLICE TO
PHOTOGRAPH AND FINGERPRINT
REGISTRANT.

At the time of furnishing the information
required by Sections 249 to 259.2 of this Article,
the said person shall be photographed and fin-
gerprinted by the Chief of Police and the said
photograph and fingerprints shall be made a
part of the permanent record herein provided for.
(Added by Ord. 6164, Series of 1939, App. 7/31/
50)

SEC. 252. REGISTRATION REQUIRED
WITHIN FORTY-EIGHT HOURS.

Every person residing within this City and
County at the time Sections 249 to 259.2 of this
Article become effective, who has been convicted
subsequently to July 1, 1944, of any crime re-
ferred to in Sections 249 to 259.2 of this Article,
shall, within 48 hours from and after the effec-
tive date hereof, furnish to the Chief of Police in
a written statement signed by such person, all
the information which Sections 249 to 259.2 of

105

Disorderly Conduct

Sec. 258.

this Article require to be furnished, together
with the photographs and fingerprints hereinbe-
fore provided for. (Added by Ord. 6164, Series of
1939, App. 7/31/50)

SEC. 253. NOTICE OF CHANGE OF
RESIDENCE REQUIRED WITHIN
TWENTY-FOUR HOURS.

In the event that any person required in
Sections 249 to 259.2 of this Article to register
shall change any such place of residence, stop-
ping place, or living quarters to any new or
different place or places within this City and
County other than any place last shown in such
report to the Chief of Police, he shall within 24
hours after the making of such change, notify the
Chief of Police in a written and signed statement
of such change of address and shall furnish in
such written statement to the Chief of Police his
new address and each one thereof. (Added by
Ord. 6164, Series of 1939, App. 7/31/50)

SEC. 254. FALSE STATEMENTS
PROHIBITED.

A person required by any provision of Sec-
tions 249 to 259.2, inclusive, of this Article to
register shall not furnish in such report any false
or fictitious address or any address other than a
true address or intended address, and shall not
furnish, in making any such report, any false,
untrue, or misleading information or statement
relating to any information required by any
provisions of Sections 249 to 259.2, inclusive, of
this Article, to be made or furnished. (Added by
Ord. 6164, Series of 1939, App. 7/31/50)

SEC. 255. PENALTY FOR REFUSAL OR
NEGLECT TO COMPLY.

Any person required to do so by any provision
of Sections 249 to 259.2, inclusive, of this Article,
who fails, neglects or refuses to make such report
or to furnish such information, photograph, or
fingerprints, or who fails, neglects, or refuses to
render or furnish the same within the time
hereinbefore prescribed, or who fails, neglects, or
refuses to furnish to the Chief of Police within
such time any information, photographs, and
fingerprints required to be furnished by any

provision of Sections 249 to 259.2, inclusive, of
this Article, or who furnishes any false, untrue,
or misleading information or statement relating
to any information required by any provision of
Sections 249 to 259.2, inclusive, of this Article, to
be made or furnished, is guilty of a misdemeanor.
(Added by Ord. 6164, Series of 1939, App. 7/31/
50)

SEC. 256. CONVICTION DEFINED.

If a conviction has been set aside by pardon
or, pursuant to Section 1203.4 of the Penal Code
of the State of California, or a similar law in any
other state or jurisdiction, after the termination
of probation, such conviction nevertheless shall
be deemed a conviction included in Sections 249
to 259.2, inclusive, of this Article. (Added by Ord.
6164, Series of 1939, App. 7/31/50)

SEC. 257. A CONVICTION SET ASIDE
NOT DEEMED A CONVICTION.

If a conviction has been set aside in any other
manner, including reversal by an Appellate Court
or the granting of a writ of certiorari, habeas
corpus, or coram nobis, it shall not be deemed to
be a conviction included in Sections 249 to 259.2,
inclusive, of this Article. (Added by Ord. 6164,
Series of 1939, App. 7/31/50)

SEC. 258. PENALTY.

Any person violating any provision of Sec-
tions 249 to 259.2, inclusive, of this Article, is
guilty of a misdemeanor and upon conviction
thereof shall be punishable by a fine not to
exceed $500, or by imprisonment in the County
Jail for a period of not to exceed six months, or by
both such fine and imprisonment.

Each separate day, or any portion thereof,
during which any violation of Sections 249 to
259.2, inclusive, of this Article, occurs or contin-
ues, and each failure, neglect or refusal to make
any such report or to furnish any such informa-
tion, photograph, or fingerprints during each or
any day or portion thereof from and after the
expiration of the time specified in Sections 249 to
259.2, inclusive, of this Article, within which
such report must be made, or such information,
photograph, or fingerprints furnished, shall be

Sec. 258.

San Francisco - Police Code

106

deemed to constitute a separate violation thereof,
and a separate offense thereunder, and upon
conviction therefor each such violation shall be
punishable as herein provided. (Added by Ord.
6164, Series of 1939, App. 7/31/50)

SEC. 259. STATE LAWS.

Sections 249 to 259.2, inclusive, of this Ar-
ticle, do not prohibit or require any act specifi-
cally prohibited, required, or permitted by Sec-
tion 290 of the Penal Code or by any other state
statute or state law. (Added by Ord. 6164, Series
of 1939, App. 7/31/50)

SEC. 259.1. REGISTRATION FILES
CONFIDENTIAL.

The files maintained by the Chief of Police
under Sections 249 to 259.2, inclusive, of this
Article, shall be confidential; however, said records,
photographs and fingerprints shall at all reason-
able times be open to the inspection of any peace
officer having jurisdiction within the territorial
boundaries of said City and County. (Added by
Ord. 6164, Series of 1939, App. 7/31/50)

SEC. 259.2. EXEMPTION.

If, because of the provisions of any state
statute, or otherwise, any person, other than a
peace officer, has, despite the provisions of Sec-
tion 259.1 of this Article, the right to inspect any
information, photograph, fingerprints, or other
documents referred to in Sections 249 to 259.1 of
this Article, then Sections 249 to 259.1, inclusive,
of this Article, do not require the furnishing of
such information, photograph, fingerprints, or
other document. (Added by Ord. 6164, Series of
1939, App. 7/31/50)

SEC. 259.3. NOTICE TO POTENTIAL
VICTIMS OF STALKER.

(a) Whenever a person is to be released who
has been arrested or detained for violating Penal
Code Section 647.9 (stalking) or convicted of
violating Penal Code Section 647.9, the custodial
official making the release shall endeavor promptly
to notify of the impending release any person
who is a potential stalking victim of the indi-
vidual to be released. Where feasible, the releas-

ing authority shall give the notice required by
this Section at least five calendar days prior to
the release by certified mail and by telephone.
For the purpose of this ordinance, a person is a
potential stalking victim of an individual where
the individual has been previously arrested, or
detained for violating Penal Code Section 647.9
or convicted for violating Penal Code Section
647.9 in connection with that person. In addi-
tion, a potential stalking victim shall include any
person who has filed with the San Francisco
Police Department a written complaint of stalk-
ing activities by the individual to be released
directed at the complainant. In addition, a po-
tential stalking victim shall include any person
who the Police Department has reason to be-
lieve, based on evidence it has gathered or re-
ceived, is a potential stalking victim of the indi-
vidual to be released.

(b) In undertaking the enforcement of this
ordinance, the City and County of San Francisco
is assuming an undertaking only to promote the
general welfare. It is not assuming, nor is it
imposing on its officers and employees, an obli-
gation for breach of which it is liable in money
damages to any person who claims that such
breach proximately caused injury. (Added by
Ord. 364-93, App. 11/18/93)

[The next page is 119]

ARTICLE 3: GAMES OF CHANCE

Sec. 260. Playing Poker in Public Places

Prohibited.
Sec. 277. Dice Throwing in Certain Cases

Prohibited.
Sec. 282. Gambling in Barricaded Rooms

Prohibited.
Sec. 283. Visiting Barricaded Gambling

Rooms Prohibited.
Sec. 288. Visiting Gambling House

Prohibited.
Sec. 293. Possession of Gambling

Implements Prohibited.
Sec. 294. Possession Defined.

Sec. 325. Operation of Slot Machines

Prohibited.
Sec. 326. Operation Defined.

Sec. 327. Penalty.

Sec. 331. Visiting Pool Rooms Prohibited.

Sec. 332. Betting, Pool Selling, Pool

Buying on Horse Races

Prohibited.
Sec. 333. Bookmaking, Pool Buying,

Wagers, Bets on Dog Races

Prohibited.
Sec. 334. Pool Selling, Bookmaking,

Betting on Contests Between

Men Prohibited.

Sec. 335. Immunity From Prosecution.

Sec. 340. Strap Game, Trick of The Loop,

Prohibited.
Sec. 341. Operation of Strap Game, Trick

of The Loop, Prohibited.

SEC. 260. PLAYING POKER IN PUBLIC
PLACES PROHIBITED.

It shall be unlawful for any person to play the
game of poker, for money or other representative
of value, in any barroom or public place, or for
any person having the possession or charge or
control of any barroom or public place to permit
the game of poker to be played therein for money

or other representative of value, unless licensed
pursuant to Article 32A of the Police Code.
(Amended by Ord. 437-82, App. 9/3/82)

Sec. 265.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

Sec. 266.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

Sec. 270.

(Added by Ord. 210, Series of 1939, App. 7/12/39;

repealed by Ord. 14-02, File No. 011845, App.

2/8/2002)

Sec. 271.

(Added by Ord. 211, Series of 1939, App. 7/12/39;

repealed by Ord. 14-02, File No. 011845, App.

2/8/2002)

Sec. 272.

(Added by Ord. 211, Series of 1939, App. 7/12/39;

repealed by Ord. 14-02, File No. 011845, App.

2/8/2002)

SEC. 277. DICE THROWING IN
CERTAIN CASES PROHIBITED.

No person shall draw numbers, figures, let-
ters or cards in the nature of a game of chance, or
throw or count dice or engage or take part in any
way therein, or in any game of chance of any
kind whatever for money, thing in action, prop-
erty or valuables of any kind whatever in a
public place, or place open to public view, or
where the same may be seen by persons being or
passing upon the street or in the presence or
view of two or more persons, including those
engaged therein; and no person shall permit or
suffer the same upon his or her premises or
place, or upon any premises or place under his or
her control; provided, that cube or poker dice
may be thrown for merchandise within a place of

119

Sec. 277.

San Francisco - Police Code

120

business where such merchandise is ordinarily
sold, by persons other than the proprietor of such
business and the employees of such proprietor.
(Added by Ord. 1.075, App. 10/11/38)

SEC. 282. GAMBLING IN BARRICADED
ROOMS PROHIBITED.

It shall be unlawful for any person within the
limits of the City and County of San Francisco to
exhibit or expose to view in any barred or barri-
caded house or room, or in any place built or
protected in a manner to make it difficult of
access or ingress to police officers, when three or
more persons are present, any cards, dice, domi-
noes, fan-tan table or layout, or any part of such
layout, or any gambling implements whatsoever.
(Added by Ord. 1.075, App. 10/11/38)

SEC. 283. VISITING BARRICADED
GAMBLING ROOMS PROHIBITED.

It shall be unlawful for any person for the
practice of gambling within the limits of the City
and County of San Francisco to visit or resort to
any such barred or barricaded house or room or
other place built or protected in a manner to
make it difficult of access or ingress to police
officers, where any cards, dice, dominoes, fan-tan
table or layout, or any part of such layout or any
gambling implements whatsoever are exhibited
or exposed to view when three or more persons
are present. (Amended by Ord. 59-58, App. 2/5/
58)

SEC. 288. VISITING GAMBLING HOUSE
PROHIBITED.

It shall be unlawful for any person to keep or
maintain, or visit for the practice of gambling, or
to contribute to the support of any house or place
where gambling is carried on or conducted, or to
knowingly let or underlet or transfer the posses-
sion of, any house or premises for use by any
person for said purpose. (Amended by Ord. 59-
58, App. 2/5/58)

SEC. 293. POSSESSION OF GAMBLING
IMPLEMENTS PROHIBITED.

It shall be unlawful for any person to have in
his possession, unless it be shown that such

possession is innocent or for a lawful purpose,
any faro box, faro table, faro layout, faro cases,
faro checks, or other implement or implements
for playing any banking game. (Added by Ord.
1.075, App. 10/11/38)

SEC. 294. POSSESSION DEFINED.

Any person found in any room or apartment
where such gambling implement or implements
are discovered shall, unless the contrary appear,
be deemed to have possession of the same; pro-
vided, that the possession of such implements by
the manufacturer of the same shall be deemed
innocent or for a lawful purpose. (Added by Ord.
1.075, App. 10/11/38)

Sec. 299.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

Sec. 300.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

Sec. 305.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

Sec. 310.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

Sec. 315.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

Sec. 320.

(Amended by Ord. 59-58, App. 2/5/58; repealed

by Ord. 14-02, File No. 011845, App. 2/8/2002)

SEC. 325. OPERATION OF SLOT
MACHINES PROHIBITED.

It shall be unlawful for any person, either as
owner, lessee, agent, employee, mortgagee or
otherwise to operate, keep, maintain, rent, use
or conduct, within the City and County of San
Francisco, any clock, tape, slot or card machine,
or any other machine, contrivance or device upon
which money is staked or hazarded upon chance

121

Gaines of Chance

Sec. 334.

or into which money is paid, deposited, or played,
upon chance or upon result of the action of which
money or any other article or thing of value is
staked, bet, hazarded, won or lost upon chance.
(Added by Ord. 1.075, App. 10/11/38)

SEC. 326. OPERATION DEFINED.

It shall be unlawful for any person, either as
owner, lessee, agent, employee, mortgagee or
otherwise, to operate, keep, maintain, rent, use
or conduct, within the City and County of San
Francisco, any machine, contrivance, appliance
or mechanical device upon the result of the
action of which money or other valuable things
are staked, or hazarded, and which is operated,
or played by placing or depositing therein any
coins, checks, slugs, balls or other articles or
device, or in any other manner, and by means of
the action thereof, or as a result of the operation
of which, any merchandise, money, representa-
tive or article of value, check or token, redeem-
able in, or exchangeable for money, or any other
thing of value is won or lost, or taken from or
obtained from such machine when the result of
the action or operation of such machine, contriv-
ance, appliance, or mechanical device, is depen-
dent upon hazard or chance. (Added by Ord.
1.075, App. 10/11/38)

SEC. 327. PENALTY.

Any person who shall violate any of the
provisions of Sections 325 and 326 of this Article
shall be guilty of a misdemeanor, and, upon
conviction thereof, shall be punished by a fine of
not less than $100, nor more than $500, or by
imprisonment in the County Jail for not more
than six months, or by both such fine and im-
prisonment. (Added by Ord. 1.075, App. 10/11/
38)

SEC. 331. VISITING POOL ROOMS
PROHIBITED.

It shall be unlawful for any person in the City
and County of San Francisco to become an in-
mate of or, for any unlawful purpose to visit any
house, premises, room, apartment or place car-
ried on, conducted, or used as a "Poolroom" or
house, premises, room or apartment carried on,

conducted or used as a place for, or for the
purpose of making, buying or selling pools, or for
making "books," or pools, or for making bets or
wagers or for making out, issuing or delivering
"pool tickets," cards, prints, papers or memo-
randa showing or indicating, or purporting or
understood to show or indicate the character or
nature of a pool, or bet, or wager, or amount of
money, or thing, or article staked, pledged or
wagered, or for recording or registering "books,"
pools, bets or wagers or for the receipt, payment,
distribution of money or other articles or things
as representatives of value paid, offered, staked,
pledged, bet, wagered, lost or won on a horse
race, or on horse racing, on a contest or on
contest of speed between horses, or on a dog race,
or on dog racing, or on a contest or on contests of
speed between dogs, or on a contest or on contest
between men. (Amended by Ord. 59-58, App.
2/5/58)

SEC. 332. BETTING, POOL SELLING,
POOL BUYING ON HORSE RACES
PROHIBITED.

It shall be unlawful for any person, firm or
corporation to sell or buy pools or make books or
make or receive as principal or agent or other-
wise, any bet or wager whereby money or other
representative of value is staked or pledged on a
race or races understood to be run, or purporting
to be run between horses. (Added by Ord. 1.075,
App. 10/11/38)

SEC. 333. BOOKMAKING, POOL
BUYING, WAGERS, BETS ON DOG RACES
PROHIBITED.

It shall be unlawful for any person or corpo-
ration in the City and County of San Francisco to
sell or buy or make books or make any bet or
wager in any system of registering bets or wa-
gers wherein money or any other representative
of value is staked or pledged on races between
dogs. (Added by Ord. 1.075, App. 10/11/38)

SEC. 334. POOL SELLING,
BOOKMAKING, BETTING ON CONTESTS
BETWEEN MEN PROHIBITED.

It shall be unlawful for any person in the City
and County of San Francisco to sell or buy pools

Sec. 334. San Francisco - Police Code 122

or make books, or make any bet or wager in any
system of registering bets or wagers wherein
money or any other representative of value, or
other articles of value are staked or pledged on
contests between men. (Added by Ord. 1.075,
App. 10/11/38)

SEC. 335. IMMUNITY FROM
PROSECUTION.

No person, otherwise competent as a witness,
is disqualified from testifying as such concerning
the offenses defined in Sections 331 to 335,
inclusive, of this Article, on the ground that such
testimony may incriminate such witness under
the provisions defined in said sections, but no
prosecution can afterward be had against such
witness for any offense defined in said sections,
concerning which he testified. (Added by Ord.
1.075, App. 10/11/38)

SEC. 340. STRAP GAME, TRICK OF THE
LOOP, PROHIBITED.

It shall be unlawful for any person to advise
or solicit or challenge another person to bet or
wager anything of value on the game played by
means of a strap and commonly known as the
"strap game" or "trick of the loop," or to win or
acquire any money or thing of value from any
person by means of said game. Any instrument,
of whatever texture, used to play said "strap
game" or "trick of the loop," shall be deemed a
strap for the purposes of Sections 340 and 341 of
this Article. (Added by Ord. 1.075, App. 10/11/38)

SEC. 341. OPERATION OF STRAP
GAME, TRICK OF THE LOOP,
PROHIBITED.

It shall be unlawful for any person to permit
the "strap game" or "trick of the loop," to be
played for anything of value in or on any pre-
mises under his control. (Added by Ord. 1.075,
App. 10/11/38)

[The next page is 131]

ARTICLE 4: PARADES

Sec. 366. Definitions.

Sec. 367. Permit Required; Procedure.

Sec. 368. Indemnification Agreement.

Sec. 369. Grounds for Denial of

Application for Parade Permit.
Sec. 370. Procedure Following Denial of

Application.
Sec. 371. Appeals.

Sec. 372. Revocation by Police Chief.

Sec. 373. Violation of Permit Conditions.

Sec. 374. Unlawful to Sponsor or

Participate in a Parade Without

a Permit or to Interfere With

Such Event.
Sec. 375. Chief of Police to Establish

Lines.

Sec. 376. Chief of Police to Divert Parade

Around Fire, Etc.
Sec. 377. Interference With City Property

Prohibited.
Sec. 378. Penalties.

Sec. 379. Severability.

SEC. 366. DEFINITIONS.

For the purpose of Sections 366 to 379 inclu-
sive, the following definitions shall apply:

(a) The term "approve," when used in con-
nection with approval of an application for a
parade permit by the Chief of Police, means that
the Chief of Police has determined that none of
the grounds for denying an application, as set
forth in Section 369, exists, and that a permit is
to be issued once the applicant complies with
Section 367, pertaining to applications, and Sec-
tion 368, pertaining to indemnification.

(b) A "business district" is that area adja-
cent to a public street in which: (1) 50 percent or
more of the property fronting upon one side of
the street, for a distance of 600 feet, is occupied
by structures in use for commercial purposes; or,
(2) 50 percent or more of the property fronting

upon both sides of the street, considered together
and for a distance of 300 feet, is occupied by
structures in use for commercial purposes. A
business district may be longer than the dis-
tances specified in this section if the above ratio
of buildings in use for commercial purposes to
the length of the street exists.

(d) To "issue" a permit is to deliver to an
applicant for a parade permit written permission
to sponsor or hold an event at a specified date
and location.

(e) A "parade" is an event, not including an
athletic event, in which a group of persons pro-
ceed as a collective body for more than one block
on any street in the City and County of San
Francisco, whether on foot or in any type of
vehicle or on an animal or animals, which event
obstructs or interferes with the normal flow of
vehicular traffic. An "athletic event" is an event
in which a group of people collectively engage in
a sport or form of physical exercise on any street
in the City and County of San Francisco, includ-
ing but not limited to jogging, bicycling, race-
walking, roller skating or running.The following
processions are not included in the definitions of
a "parade": (1) processions composed wholly of
the military or naval forces of the United States
or of the State of California; (2) processions
incidental to a wedding or funeral; (3) proces-
sions composed of one or more governmental
officials or candidates accompanied by security
personnel to which such officials or candidates
are entitled by virtue of their office or candidacy.
Any event taking place entirely on property
under the jurisdiction of the Recreation and
Park Commission shall be exempt from this
ordinance.

(f) "Person" shall include and mean any
person, firm, association, corporation, club, orga-
nization or ad hoc committee. (Added by Ord.
254-84, App. 5/31/84; amended by Ord. 394-88,
App. 8/26/88)

131

Sec. 367.

San Francisco - Police Code

132

SEC. 367. PERMIT REQUIRED;
PROCEDURE.

(a) Any person desiring to sponsor a parade
on any street of the City and County of San
Francisco, excluding streets on property under
the jurisdiction of the Recreation and Park Com-
mission, shall first obtain a permit therefor from
the Chief of Police.

(b) Written application for such permit should
be made to the Special Events Unit at least 60
days in advance in order to insure timely appeal
of a denial of the application. However, all appli-
cations for permits shall be processed by the
Chief of Police so long as they are received at
least 15 working days in advance of the proposed
date of the event; provided, however, that when
the proposed event designates a route which
passes through a business district, extends over
an area which involves more than five intersec-
tions (not including alleys), anticipates a number
of participants exceeding 250, or requires the
Municipal Railway to substantially alter passen-
ger routes or schedules, the applicant shall apply
at least 30 days in advance of the proposed date;
provided, further, that the Chief of Police may
grant a permit to an applicant who applies less
than 15 working days in advance if the Chief of
Police determines that the permit application
requires no substantial investigation or prepara-
tion of the route, which determination shall not
be subject to administrative review.

(c) The time limitations prescribed above
for the filing of a permit application may be
waived by the Chief of Police if the applicant can
show that the event or events giving rise to the
permit application did not reasonably allow the
applicant time to file within the time prescribed
and imposition of the time limitations would
place an unreasonable restriction on the right of
free speech.

(d) Application shall be made on a form
provided by the Chief of Police and shall include:
the name, business and home address, and busi-
ness and home phone number of the applicant
(who shall be a natural person), of the sponsor of
the event, and of the event organizer (that is, the
person responsible for managing and organizing

the details of the parade); the relationship of the
applicant to the sponsor; proof of the applicant's
authority to act on behalf of the sponsor; a
description of the route of the event; the names
of all streets to be used; the number of partici-
pants anticipated; the starting time and ex-
pected finishing time of the event; and any other
information requested in order to enable the
Chief of Police to verify the information required
in this subsection.

(e) Application for a permit shall be accom-
panied by a nonrefundable permit application
fee, in the amount set forth in Section 2.26 of the
Police Code.

(f) Applications submitted 60 days or more
before the date of the proposed event shall be
processed within 30 days. Applications submit-
ted between 30 and 59 days before the date of the
proposed event shall be processed within 20
days. Applications submitted between 15 and 29
days before the date of the proposed event shall
be processed at least seven days before the date
of the proposed event.

(g) Applications submitted less than 15 days
before the date of the proposed event shall be
processed within a reasonable time, which time
shall be given to the applicant at the time the
applicant is informed that the time limitations
set forth in this Section have been waived.

(h) If an application is not processed within
the time specified in Subsection (f), the applicant
may obtain approval of a permit application by
providing the Chief of Police with two copies of a
letter addressed to the Chief of Police, which
letter sets forth the details of the proposed event
and the date of the application and the fact that
the application has not yet been processed. The
applicant shall deliver one copy of the letter and
have the second copy file-stamped as proof of
having complied with this Section. If the Chief of
Police does not process the application within 48
hours of delivery by the applicant of the letter
described above, the application shall be deemed
approved.

(i) The Chief of Police shall issue a permit
immediately upon approval of the permit appli-
cation, and execution and receipt of the indem-
nification agreement required by Section 368.

133

Parades

Sec. 369.

(j) The Chief of Police shall, as appropriate,
transmit copies of any parade permit issued to
the Chief of the Fire Department, the Depart-
ment of Public Works, Emergency Hospital Ser-
vice, Department of Public Health, and the Gen-
eral Manager of the Municipal Railway. (Added
by Ord. 254-84, App. 5/31/84)

SEC. 368. INDEMNIFICATION
AGREEMENT.

The applicant or sponsor of a parade permit
must sign an agreement to reimburse the City
and County of San Francisco for any costs in-
curred by it in repairing damage to City property
which results from the actions of those sponsor-
ing the event or authorized participants in the
event, and to defend the City against and indem-
nify and hold the City harmless from any liabil-
ity to any person which results from the actions
of those sponsoring the event or authorized par-
ticipants in the event. Execution of this agree-
ment must occur at least one calendar week
before the date of the proposed event, unless the
application is not approved by that time, in
which case the Chief of Police shall designate a
reasonable time within which it is to be provided.
(Added by Ord. 254-84, App. 5/31/84)

SEC. 369. GROUNDS FOR DENIAL OF
APPLICATION FOR PARADE PERMIT.

The Chief of Police shall approve an applica-
tion for a parade permit unless he or she deter-
mines, from a consideration of the application, or
such information as the Chief of Police may
otherwise obtain, or both, that:

(a) The Chief of Police has reasonable cause
to conclude that the applicant or any person or
persons participating in the parade will, in con-
nection with that activity, cause physical injury
to persons or substantial damage to property; or

(b) The conduct of the event will substan-
tially interrupt the safe and orderly movement of
other traffic contiguous to its route; or

(c) The conduct of the event will require the
diversion of so great a number of police officers to
properly police the line of movement and the

areas contiguous thereto as to prevent normal
police protection to the rest of the City and
County of San Francisco; or

(d) The concentration of persons, animals
and vehicles at the assembly areas of the event
will unduly interfere with proper fire and police
protection of, or ambulance service to, areas
contiguous to such assembly areas; or

(e) The conduct of the event will interfere
with the movement of fire-fighting equipment en
route to a fire; or

(f) The conduct of the event will substan-
tially obstruct or interfere with any construction
or maintenance work scheduled to take place
upon or along the public streets; or

(g) Another permit application has been re-
ceived, and has been or may be approved, to
sponsor a parade at the same time and place
requested by the applicant, or so close in time
and place that undue confusion or congestion
would result, or the Police Department would
bear an unreasonable burden in meeting the
request for services by more than one applicant;
or

(h) The parade will not move from its point
of origin to its point of termination in four hours
or less, or such other reasonable time limit as set
by the Chief of Police in light of all relevant
circumstances; or

(i) The applicant fails to provide the infor-
mation requested on the application form or to
provide Police Department staff, when requested
to do so, with further information in order to
enable the Chief of Police to verify the informa-
tion required on the application form; or

(j) The applicant fails to provide proof of
approval from other governmental departments
or agencies when such approval is legally re-
quired; or

(k) The applicant fails or refuses to comply
with any condition reasonably imposed on the
granting of the permit in order to insure the
safety of event participants, members of the
Police Department or the public, or to insure the
orderly flow of traffic, or to avoid the likelihood of
harm to public or private property, which condi-
tions may include a change in the route of the

Sec. 369.

San Francisco - Police Code

134

event; provided, however, that nothing in this
Section shall be deemed to authorize the Chief of
Police to impose conditions which unreasonably
interfere with the right of free speech; or

(1) Other circumstances exist which make it
likely that the event would significantly inter-
fere with ordinary activities in the City and
County of San Francisco. (Added by Ord. 254-84,
App. 5/31/84)

SEC. 370. PROCEDURE FOLLOWING
DENIAL OF APPLICATION.

Upon the denial of any application for a
parade permit, the Chief of Police shall inform
the applicant of the reason or reasons for the
denial in writing. (Added by Ord. 254-84, App.
5/31/84)

SEC. 371. APPEALS.

The Board of Supervisors shall by motion
designate an appropriate committee of the Board
to act as a "Committee on Parades" for the
purposes of Sections 366 to 379, inclusive, of this
Article.

The applicant may appeal the denial of an
application for a parade permit, or the imposi-
tion of conditions on the issuance of a permit, to
the Committee on Parades, if such appeal can be
timely made. The Committee shall consider such
appeal and may either concur in the action of the
Chief of Police or overrule such action and order
that the permit be approved. If the Committee
orders that a permit be approved, it shall have
the authority to impose only such conditions as
are recommended by the Chief of Police. (Added
by Ord. 254-84, App. 5/31/84; amended by Ord.
394-88, App. 8/26/88)

SEC. 372. REVOCATION BY POLICE
CHIEF.

The Chief of Police may revoke a parade
permit if an emergency arises which makes it
impossible to assign the necessary personnel to
the event and still provide the personnel re-
quired elsewhere to protect the public, or if
information is obtained after the permit is issued
from which the Chief of Police reasonably con-
cludes that the permit should not have been

approved for reasons set forth in Section 369.
(Added by Ord. 254-84, App. 5/31/84)

SEC. 373. VIOLATION OF PERMIT
CONDITIONS.

If a parade deviates from the route approved
by the Chief of Police or if participants violate
any conditions contained in the permit, the po-
lice officer whom the Chief of Police has desig-
nated as the officer in charge of overseeing
personnel necessary to police the event may,
after warning the participants and providing
them with an opportunity to return to the ap-
proved route or to follow the permit conditions,
revoke the permit. (Added by Ord. 254-84, App.
5/31/84)

SEC. 374. UNLAWFUL TO SPONSOR OR
PARTICIPATE IN A PARADE WITHOUT A
PERMIT OR TO INTERFERE WITH SUCH
EVENT.

It shall be unlawful for any person to sponsor
a parade unless a permit has been issued for the
event, or for any person to participate in such an
event with the knowledge that the sponsors of
the event have not been issued the required
permit or with the knowledge that a permit has
been issued and subsequently revoked. Nor shall
any person interfere with or disrupt a lawful
parade undertaken pursuant to a permit, or
participate in such event unless designated as a
participant by its sponsor. (Added by Ord. 254-
84, App. 5/31/84)

SEC. 375. CHIEF OF POLICE TO
ESTABLISH LINES.

(a) The Chief of Police is hereby empowered
to establish lines, if he or she deems it necessary,
on both sides of the street along the proposed
route over which a parade is to pass, and no
person or vehicle of any kind, excepting those
described in Subsection (b), shall pass over or
through said lines. Such lines may be estab-
lished either by means of a physical barrier, such
as a rope, or by designating a curb or some other
line of demarcation as the line beyond which no
person or vehicle is to pass.

135

Parades

Sec. 379.

(b) Notwithstanding the provisions of Sub-
section (a), the following persons and vehicles
are authorized to cross lines established along a
parade route:

(i) Any city, county, state or federal peace or
fire prevention officer or vehicle responding to an
emergency call; or

(ii) Ambulances of public or private charac-
ter, or any other vehicle when such vehicle is
employed in carrying a sick or injured person to
a hospital or other place for treatment or relief;
or

(iii) United States Postal Service vehicles;
or

(iv) Auxiliary fire apparatus or emergency
vehicles when responding to a call to a fire, a
burglar alarm, or other emergency call; or

(v) Any other person or vehicle, including
regularly scheduled mass transit vehicles, whose
passage is deemed necessary or convenient by
the Chief of Police or the police officer whom the
Chief of Police has designated as the officer in
charge of overseeing Police Department person-
nel assigned to the event. (Added by Ord. 254-84,
App. 5/31/84)

SEC. 376. CHIEF OF POLICE TO
DIVERT PARADE AROUND FIRE, ETC.

In case of fire, accident or any emergency
along the route of a parade, the Chief of Police or
the police officer in charge of the detail on the
streets along which the parade shall pass, is
hereby given full power to divert the parade
around such fire, accident or emergency, over
and along the nearest cross street from such fire,
accident or emergency and shall direct the re-
turn of the parade to the route originally autho-
rized. (Added by Ord. 254-84, App. 5/31/84)

SEC. 377. INTERFERENCE WITH CITY
PROPERTY PROHIBITED.

It shall be unlawful for any person to remove,
displace or interfere with any socket, pole, wire,
ropes or other property of the City and County of
San Francisco used in connection with the regu-
lation of a parade. (Added by Ord. 254-84, App.
5/31/84)

SEC. 378. PENALTIES.

Any person violating any provision of Sec-
tions 366 through 379 of this Code shall be
deemed guilty of an infraction and upon convic-
tion thereof shall be punished by a fine not to
exceed $500. (Added by Ord. 254-84, App. 5/31/
84)

SEC. 379. SEVERABILITY.

If any of the provisions of this Article, or the
application of such provisions to any person or
circumstances, shall be held invalid, the remain-
der of this Article, 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. 254-84, App.
5/31/84)

Sec. 379. San Francisco ■ Police Code 136

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ARTICLE 4.1: [RESERVED]

143

San Francisco - Police Code 144

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ARTICLE 4.2: [RESERVED]

153

San Francisco - Police Code 154

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ARTICLE 4.3: [RESERVED]

163

San Francisco - Police Code 164

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ARTICLE 4.4: [RESERVED]

173

San Francisco - Police Code 174

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ARTICLE 4.5: FUNERAL PROCESSION ESCORTS

Sec.

385.

Purpose.

Sec.

386.

Unlawful to Direct Traffic
Without Authorization.

Sec.

387.

Permit Required; Application;
Term.

Sec.

388.

Indemnification and Insurance
Requirements.

Sec.

389.

Grounds for Denial of Permit.

Sec.

390.

Appeals.

Sec.

391.

Authorized Traffic Direction
Activities.

Sec.

392.

Diversion in Case of Emergency.

Sec.

393.

Traffic Safety Instruction
Program.

Sec.

394.

Official Insignia and Uniform;
Advisory Guidelines.

Sec.

395.

Penalties for Violation.

Sec.

396.

Severability.

SEC. 385. PURPOSE.

This Article is enacted pursuant to California
Vehicle Code Section 21100(e), which authorizes
local entities to permit the appointment of per-
sons other than traffic officers to direct traffic
under prescribed circumstances which require
such traffic direction in order to ensure the
orderly flow of traffic. Nothing in this Article
shall be construed to preclude the San Francisco
Police Department from escorting funeral proces-
sions. (Added by Ord. 376-84, App. 8/13/84)

SEC. 386. UNLAWFUL TO DIRECT
TRAFFIC WITHOUT AUTHORIZATION.

It shall be unlawful for any person other than
an officer of the Police Department, a member of
the Fire Department, or a person authorized by
the provisions of this Article or other applicable
laws to direct or attempt to direct traffic by voice,
hand or other signal, except for the operation of
any manually operated traffic control signal de-
vice erected by the Department of Public Works.
(Added by Ord. 376-84, App. 8/13/84)

SEC. 387. PERMIT REQUIRED;
APPLICATION; TERM.

(a) No person other than an officer of the
Police Department, a member of the Fire Depart-
ment or a person authorized by other applicable
laws shall direct or attempt to direct traffic
without first obtaining a permit therefor from
the Chief of Police, pursuant to this Article.

(b) Applications for funeral escort permits
shall be made on a form provided by the Chief of
Police, and shall include: (1) the name and busi-
ness address of the applicant; (2) proof of indem-
nification and insurance as required by Section
388 of this Article; (3) proof of satisfactory comple-
tion of a traffic safety program of instruction, as
set forth in Section 393 of this Article; (4) proof
that the applicant holds a valid California ve-
hicle operator's license, properly endorsed for the
type of vehicle the applicant intends to use while
directing vehicular funeral processions; (5) pay-
ment of the necessary application, permit insig-
nia and uniform fees, as set forth in Sections 2.26
and 2.27 of the Police Code; and (6) such other
information as the Chief of Police may require.

(c) Funeral escort licenses shall be issued
by the Tax Collector and shall expire one year
from the date of issuance unless the permit is
revoked sooner. Permits shall be nontransfer-
able. (Added by Ord. 376-84, App. 8/13/84)

SEC. 388. INDEMNIFICATION AND
INSURANCE REQUIREMENTS.

(a) The permittee shall sign an agreement
to reimburse the City and County of San Fran-
cisco for any costs incurred by the City in repair-
ing damage to City property which results from
any of his or her actions under the permit, and to
defend the City against and indemnify and hold
the City harmless from any liability to any
person which results from the actions of the
permittee or his or her employees or agents.
Execution of this agreement shall take place
prior to issuance of a funeral escort permit.

183

Sec. 388.

San Francisco - Police Code

184

(b) The permittee shall maintain through-
out the term of any permit issued pursuant to
this Article, insurance as follows:

(1) Workers' Compensation, with Employ-
ers' Liability limits not less than $1,000,000 each
accident, but only if permittees have employees
as defined by the California Labor Code;

(2) Comprehensive General Liability Insur-
ance 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 Complete Operations Cov-
erages;

(3) Comprehensive Automobile Liability In-
surance 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 appli-
cable.

Comprehensive General Liability and Com-
prehensive Automobile Liability Insurance poli-
cies shall be endorsed to provide the following:

(1) Name as ADDITIONAL INSUREDS the
City and County of San Francisco, its officers,
agents, employees, and member of commissions.

(2) That such policies are primary insur-
ance 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:

Thirty days advance written notice to City of
cancellation, nonrenewal or reduction in cover-
age, mailed to the following address: CHIEF, OF
POLICE, Hall of Justice, 850 Bryant Street, San
Francisco, CA 94103.

Certificates of insurance, satisfactory to City,
evidencing all coverages above shall be furnished
to the City prior to issuance and renewal of
permit and before commencing any operations
under this permit, with complete copies of poli-
cies upon City request. (Added by Ord. 376-84,
App. 8/13/84)

SEC. 389. GROUNDS FOR DENIAL OF
PERMIT.

The Chief of Police shall approve an applica-
tion for a funeral escort permit unless he or she
determines, from a consideration of the applica-
tion or such information as the Chief of Police
may otherwise obtain, that: (a) the application is
incomplete; or (b) the applicant has failed to
comply with any of the other conditions set forth
in this Article for issuance of a permit; or (c) the
applicant has been convicted of a crime, and the
time for appeal has elapsed, or an order granting
probation has been made suspending the impo-
sition of sentence (irrespective of the entry of a
subsequent order under Penal Code Section
1203.4); provided, however, that a permit may be
denied upon this ground only if the crime is
substantially related to the qualifications, func-
tions or duties associated with escorting a ve-
hicular funeral procession.

Upon the denial of any application for a
funeral escort permit, the Chief of Police shall
promptly inform the applicant in writing of the
reason(s) for the denial. (Added by Ord. 376-84,
App. 8/13/84)

SEC. 390. APPEALS.

The applicant may appeal the denial of an
application for a funeral escort permit, the im-
position of conditions on the issuance of a permit
or the revocation of a permit to the Transporta-
tion and Traffic Committee of the Board of Su-
pervisors by filing a notice of appeal in writing
with the Clerk of the Board of Supervisors within
five calendar days of the date of the notification
of denial issued by the Chief of Police. The
Transportation and Traffic Committee shall con-
sider such appeal and may either concur in the
action of the Chief of Police or overrule such
action and order that the permit be approved or
reinstated. If the Transportation and Traffic Com-
mittee orders that a permit be approved or
reinstated it shall have the authority only to
impose such conditions as are recommended by
the Chief of Police. The decision of the Transpor-
tation and Traffic Committee shall be final. (Added
by Ord. 376-84, App. 8/13/84)

185

Funeral Procession Escorts

Sec. 396.

SEC. 391. AUTHORIZED TRAFFIC
DIRECTION ACTIVITIES.

(a) Any person issued a valid funeral escort
permit pursuant to this Article and leading or
otherwise escorting a vehicular funeral proces-
sion shall obey all traffic laws, including all
speed laws, except that such person is autho-
rized to stop cross-traffic, other than any emer-
gency vehicles, to enable all vehicles in the
funeral procession to proceed together as an
unbroken column, at intersections controlled by:
(1) stop signs; provided that the permittee re-
mains in the intersection until all vehicles in the
funeral procession have cleared the intersection;
and (2) traffic signal lights; provided that the
first vehicle in the funeral procession enters the
intersection on a green light and the permittee
remains in the intersection at all times when the
light is not green.

(b) A permittee is authorized to direct traf-
fic in the manner specified in this Section only
while wearing an official insignia issued by the
Chief of Police and carrying a valid permit issued
to him or her as an individual pursuant to this
Article.

(c) The Chief of Police may order the revo-
cation of a funeral escort permit if the permittee
has directed traffic in a manner contrary to that
specified in this Section. (Added by Ord. 376-84,
App. 8/13/84)

SEC. 392. DIVERSION IN CASE OF
EMERGENCY.

In case of fire, accident, or any emergency
along the route of a vehicular funeral procession,
any officer of the Police Department or member
of the Fire Department is hereby authorized to
divert the funeral procession around such fire,
accident or other emergency, the provisions of
Section 391 of this Article notwithstanding. The
permittee shall immediately cease all efforts to
direct traffic when directed to do so by such
police officer or firefighter and shall not resume
efforts to direct traffic along the route of the
vehicular funeral procession until authorized to
do so by such police officer or firefighter. (Added
by Ord. 376-84, App. 8/13/84)

SEC. 393. TRAFFIC SAFETY
INSTRUCTION PROGRAM.

Each applicant shall submit to the Chief of
Police evidence of the curriculum, including in-
structional materials and skills taught and prac-
ticed, of a previously approved instructional pro-
gram of traffic safety and of the applicant's
successful completion of such program. The Chief
of Police shall review and approve such instruc-
tional programs if he or she reasonably deter-
mines that the program will provide sufficient
training for persons seeking permits under this
Article to direct traffic in a safe and lawful
manner. (Added Ord. 376-83, App. 8/13/83)

SEC. 394. OFFICIAL INSIGNIA AND
UNIFORM; ADVISORY GUIDELINES.

(a) The Chief of Police shall approve an
official insignia and uniform, to be worn as he or
she may specify, by all permittees while directing
traffic pursuant to this Article. Said uniform
shall be distinctive from those worn by the San
Francisco Police Department and the California
Highway Patrol.

(b) The Chief of Police shall prepare written
guidelines which shall be distributed to all ap-
plicants for permits under this Article. Such
guidelines shall be advisory in nature and shall
recommend procedures to insure safe vehicular
funeral processions. (Added by Ord. 376-84, App.
8/13/84)

SEC. 395. PENALTIES FOR VIOLATION.

Any person violating the provisions of this
Article shall be deemed guilty of an infraction,
and upon conviction thereof shall be punished by
a fine not to exceed $500. (Added by Ord. 376-84,
App. 8/13/84)

SEC. 396. SEVERABILITY.

If any of the provisions of this Article or the
application of such provisions to any person or
circumstances shall be held invalid, the remain-
der of this Article 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, 376-84, App.
8/13/84)

Sec. 396. San Francisco - Police Code 186

[The next page is 197]

ARTICLE 5: OFFENSIVE POWDERS

Sec. 405. Distributing "Ker Chew"

Powders Prohibited.
Sec. 406. Penalty.

Sec. 411. Unlawful Possession of

"Knockout Drops."
Sec. 412. Mixing Prohibited.

Sec. 413. Administering Drugs, Etc.,

Prohibited.

SEC. 405. DISTRIBUTING "KER CHEW"
POWDERS PROHIBITED.

It shall be unlawful for any person to sell,
give away or in any manner to distribute within
the City and County of San Francisco any "ker
chew powders," "stink balls," or similar sub-
stances designed to give offense to the senses.
(Added by Ord. 1.075, App. 10/11/38)

SEC. 412. MIXING PROHIBITED.

No person shall, with unlawful intent, put in,
mix or compound with any beverage to be drunk
by any other person, any liquid, drug or sub-
stance mentioned in Section 411 of this Article.
(Added by Ord. 1.075, App. 10/11/38)

SEC. 413. ADMINISTERING DRUGS,
ETC., PROHIBITED.

No person shall, with unlawful intent, give or
administer to, or compel, or cause, or persuade,
or induce any person to drink any beverage
which contains any liquid, drug or substance
mentioned in Section 411 of this Article. (Added
by Ord. 1.075, App. 10/11/38)

SEC. 406. PENALTY.

Any person violating the provisions of Sec-
tion 405 of this Article shall be guilty of a
misdemeanor, and upon conviction thereof, shall
be fined in a sum not less than $10 nor more
than $50, or by imprisonment in the County Jail
for a period not exceeding 30 days, or by both
such fine and imprisonment. (Added by Ord.
1.075, App. 10/11/38)

SEC. 411. UNLAWFUL POSSESSION OF
"KNOCKOUT DROPS."

No person shall have in his possession, with
intent to use for an unlawful purpose, any liquid,
drug or substance called or known as "knockout
drops," or any liquid, drug or substance of simi-
lar properties or any chloral hydrate, or any
solution, compound or mixture of chloral hy-
drate, or any liquid, drug, or substance of similar
properties, which when put in, mixed or com-
pounded with any beverage and drunk, causes or
tends to cause stupefaction or insensibility or
coma in the person drinking it. (Added by Ord.
1.075, App. 10/11/38)

197

Sec. 413. San Francisco - Police Code 198

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ARTICLE 6: FRAUD AND DECEIT

Sec. 445. Defrauding Gas or Electric

Company Prohibited.
Sec. 446. Evidence of Guilt.

Sec. 451. False Impersonation Prohibited.

Sec. 452. Fraudulent Misrepresentations

When Taking Civil Service

Examinations Unlawful.
Sec. 456. False Statements Relating to

Merchandise or Services

Prohibited — Penalty.
Sec. 457. Retail Stores Posting Refund

Policies; Penalties.
Sec. 458. Retail Establishments Required

to Issue Itemized Receipts for

Goods Purchases; Penalties;

Fines.
Sec. 461. Defrauding Telephone Company

Prohibited.
Sec. 462. Evidence.

SEC. 445. DEFRAUDING GAS OR
ELECTRIC COMPANY PROHIBITED.

Every person who, with intent to injure or
defraud, shall, in the City and County of San
Francisco, State of California, have in his pos-
session a machine, appliance, contrivance or
device of any character used or intended to be
used to prevent a gas or electric meter from
correctly registering the gas or electricity pass-
ing through it, or to divert gas or electricity that
should pass through it, is guilty of a misde-
meanor. (Added by Ord. 1.075, App. 10/11/38)

SEC. 446. EVIDENCE OF GUILT.

In all prosecutions for violation of Section
445 of this Article, proof that any of the acts
herein made unlawful was done upon the pre-
mises used or occupied by defendant charged
with any violation of Section 445 of this Article,
and that he received or would have the benefit of
any such gas or electricity without having to pay

therefor, shall be prima facie evidence of the
guilt of such defendant. (Added by Ord. 1.075,
App. 10/11/38)

SEC. 451. FALSE IMPERSONATION
PROHIBITED.

It shall be unlawful for any person to falsely
impersonate, or represent himself to be a police
officer, deputy sheriff, deputy coroner, or mem-
ber of the Fire Department; or to wear the badge
of a police officer, deputy sheriff, deputy coroner,
or of a member of the Fire Department or to use
any signs, badges or devices used by the Police
Department, Sheriffs or Coroner's offices, or by
the Fire Department, unless he is authorized so
to do, and is a member of either of said depart-
ments or offices.

SEC. 452. FRAUDULENT
MISREPRESENTATIONS WHEN TAKING
CIVIL SERVICE EXAMINATIONS
UNLAWFUL.

It shall be unlawful for any person to imper-
sonate another person, or permit or aid in any
manner any other person to impersonate him in
connection with any civil service examination
conducted by the San Francisco Civil Service
Commission, or in connection with any applica-
tion for employment in the San Francisco mu-
nicipal service; or to wilfully and knowingly
make any false, incomplete or incorrect state-
ment of material fact in, or in connection with,
any application to participate in a civil service
examination for appointment in the San Fran-
cisco municipal service and, upon conviction
thereof, such person shall be punishable by a
fine of not more than $500, or by imprisonment
for a term not exceeding one year, or by both such
fine and imprisonment. (Added by Ord. 5431,
Series of 1939, App. 4/1/49)

SEC. 456. FALSE STATEMENTS
RELATING TO MERCHANDISE OR
SERVICES PROHIBITED— PENALTY.

Any person, firm or corporation, or any em-
ployee thereof, who shall in any newspaper,

205

Sec. 456.

San Francisco - Police Code

206

magazine, circular, form letter, or any open pub-
lication, published, distributed or circulated in
the City and County of San Francisco, or on any
billboard, sign, card, label, or other advertising
medium, or by means of any electric sign, win-
dow sign, show case display, or by any advertis-
ing device, or by public outcry or proclamation, to
or with a considerable number of persons, make
or disseminate, or cause to be made or dissemi-
nated, any statement or assertion of fact in
relation to, modifying, explaining, or in any
matter concerning any merchandise offered for
sale, barter or trade, or any services or offer of
employment, professional or otherwise, offered
to be furnished, which statement or assertion of
fact takes the form of or has the appearance of, or
which is intended to commend such merchandise
or services or employment, to the public or to a
considerable number of persons, and which state-
ment or assertion is untrue in any respect or
calculated to mislead or misinform, shall be
deemed guilty of a misdemeanor, and, upon
conviction thereof, shall be punishable by a fine
of not less than $25, nor more than $500 or by
imprisonment for a term not exceeding 180 days,
or by both such fine and imprisonment. (Added
by Ord. 1.075, App. 10/11/38)

SEC. 457. RETAIL STORES POSTING
REFUND POLICIES; PENALTIES.

Every retail store which does not refund
cash, give credit, or allow equal exchanges when
proof of purchase is presented within seven days
of a retail sale of goods, shall conspicuously post
such policy on signs:

(a) Posted at each cash register and sales
counter, or;

(b) Posted at each public entrance, or;

Such signs shall state what the store's policy
is, including but not limited to: whether cash
refund, store credit, or exchanges will be given;
applicable time periods; and the types of mer-
chandise which are covered by the policy.

This Section shall not apply to food, plants
and flowers, perishable goods, goods marked "as
is," final sale clearance goods, goods used or

damaged after purchase, goods not returned in
their original package, and goods which cannot
be resold due to health considerations.

Violation of this Section is an infraction.

Stores which violate the provisions of this
Section shall be liable to the buyer for a period
up to seven days from the date of purchase for
the amount of the purchase. (Added by Ord.
447-81, App. 8/27/81)

SEC. 458. RETAIL ESTABLISHMENTS
REQUIRED TO ISSUE ITEMIZED
RECEIPTS FOR GOODS PURCHASES;
PENALTIES; FINES.

(a) Construction and Application. This
Section shall be liberally construed and applied
to promote its underlying purpose which is to
protect consumers against unfair and deceptive
business practices.

(b) Definitions.

(1) "Goods" means tangible chattels sold for
use primarily for personal, family or household
purposes, including, but not limited to electron-
ics equipment, photographic equipment, com-
puter equipment, telephones, antiques and works
of art.

(2) "Person" means an individual, partner-
ship, corporation, limited liability company, as-
sociation, or other group, however organized.

(3) "Consumer" means an individual who
seeks or acquires or purchases any goods for
personal, family, or household purposes.

(1) Every retail establishment in the City
and County of San Francisco shall provide the
consumer with a written or printed itemized
receipt or invoice for the sale of goods if the
purchase price of any one item exceeds $100.00.

(2) All written or printed receipts or in-
voices required by this Section shall include the
date of sale, the name and address of the seller,
and if the item being sold is electronic equipment
or photographic equipment, the manufacturer
and model of each such item sold. All written or
printed receipts or invoices required by this
Section shall also separately state each good or
item purchased, the total quantity of each good

207

Fraud and Deceit

Sec. 462.

or item purchased, the unit cost of each good or
item purchased or the cumulative costs of iden-
tical items purchased, the total costs of all goods
or items purchased, and any applicable taxes.

(3) The itemized receipt for any item sold or
represented to the consumer as an antique or
original piece of art must state that the item is
an antique or original piece of art.

(4) Any item or good that is not on the
itemized receipt is hereby deemed to have no
value if other items or goods, purchased at the
same time, are returned for exchange or refund.

(d) Consumer Action; Relief; Court Costs
and Attorney's Fees.

(1) Any consumer may bring an action
against a retail establishment that violates this
Section and for each transaction in violation of
this Section, may recover or obtain (a) $250 or
the total cost of goods purchased, whichever is
greater, (b) an order enjoining the violation, (c)
punitive damages, if the court determines that
the violation was wilful, and (d) any other relief
that the court deems proper.

(2) The court shall award court costs and
attorney's fees to a prevailing plaintiff in litiga-
tion filed under this Section.

(e) Penalties and Enforcement.

(1) Any person or employee or agent thereof
violating or failing to comply with this Section
shall be guilty of a misdemeanor and upon con-
viction, may be fined not more than $500 for the
first offense and $1,000 for each subsequent
offense, or by imprisonment in the County Jail
for not more than 6 months, or by both such fine
and imprisonment.

(2) In addition to the penalties and fines
provided by this Section, the City and County of
San Francisco may initiate a civil action against
any person to compel compliance or to enjoin
violations of this Section. In the event the City
and County of San Francisco prevails in any
such action, it may recover court costs and rea-
sonable attorney's fees. In addition, the court
shall award a civil penalty, not to exceed $1,000
or three times the total cost of the goods sold,
whichever is greater for each violation, if the

City proves that the violation occurred after the
City provided written warnings or notices of
such violations and the violations continued.

(f) Limitation of Actions. Any action
brought under this Section shall be commenced
not more than two years from the date of the
sale.

(g) Severability. If any part of this Section,
or the application thereof to any person or cir-
cumstances is held invalid, the remainder of this
Section, including the application of such part or
provision to other persons or circumstances shall
not be affected thereby and shall continue in full
force and effect. (Added by Ord. 61-00, File No.
992153, App. 4/14/2000)

SEC. 461. DEFRAUDING TELEPHONE
COMPANY PROHIBITED.

Every person who, with intent to injure or
defraud, shall in the City and County of San
Francisco, State of California, have in his pos-
session a machine, appliance, contrivance or
device of any character used or intended to be
used to prevent a telephone call registering ap-
paratus from correctly registering, or used or
intended to be used for the purpose of obtaining
a telephone connection with another telephone
station without depositing a five-cent piece in
the coin-collecting attachment or token in the
token-collecting attachment of any telephone in-
strument so equipped, is guilty of a misde-
meanor. (Added by Ord. 1.075, App. 10/11/38)

SEC. 462. EVIDENCE.

In all prosecutions for violation of Section
461 of this Article proof that any of the acts
herein made unlawful was done upon the pre-
mises used or occupied by defendant charged
with any violation of Section 461 of this Article,
and that he or any other person on the premises
would receive or would have the benefit of such
telephone connection or connections without hav-
ing to pay thereof, shall be prima facie evidence
of the guilt of such defendant. (Added by Ord.
1.075, App. 10/11/38)

Sec. 462. San Francisco - Police Code 208

[The next page is 215]

ARTICLE 7: ANIMALS AND BIRDS

Sec. 485. Trapping or Killing of Birds

Prohibited; Exception.
Sec. 485.1. Sterilization of Birds Prohibited;

Exceptions.
Sec. 486. Feeding Birds and Wild Animals

Prohibited.
Sec. 487. Reduction of Roosting and

Breeding Areas.

Sec. 488. Use of Steel-Jawed Traps

Prohibited.
Sec. 490. Regulating Riding of Horses in

Public Places.

SEC. 485. TRAPPING OR KILLING OF
BIRDS PROHIBITED; EXCEPTION.

It shall be unlawful for any person to trap,
capture, kill or otherwise destroy any wild bird
within the City and County of San Francisco,
except that pigeons and other wild birds which
become a nuisance or a hazard to public health
may be trapped or captured, in a humane man-
ner, by, or with the permission of, the Director of
Public Health.

It shall be the duty of the person who traps or
captures pigeons or birds pursuant to the fore-
going exception, to transport them in a humane
manner and release them in some remote area.
(Amended by Ord. 235-72, App. 8/21/72)

SEC. 485.1. STERILIZATION OF BIRDS
PROHIBITED; EXCEPTIONS.

It shall be unlawful for any person to sterilize
or cause the sterilization of any wild bird within
the City and County of San Francisco; provided,
however, that pigeons or other wild birds which
become a nuisance or a potential hazard to
public health may be sterilized by the use of
nontoxic sterilizants by or under the supervision
of the Director of Public Health. (Added by Ord.
235-72, App. 8/21/72)

SEC. 486. FEEDING BIRDS AND WILD
ANIMALS PROHIBITED.

It shall be unlawful for any person to feed or
offer food to any bird or wild animal in or on any

sidewalk, street or highway of the City and
County of San Francisco. It shall be unlawful to
feed or offer food to any Red Masked Parakeet in
any park of the City and County of San Fran-
cisco. (Added by Ord. 268-64, App. 10/2/64; Ord.
133-07, File No. 070467, App. 6/15/2007)

SEC. 487. REDUCTION OF ROOSTING
AND BREEDING AREAS.

The Director of Public Works is hereby au-
thorized and directed to develop a humane plan
to reduce the roosting and breeding areas for
pigeons in or on all public buildings of the City
and County and to work and cooperate in every
reasonable way with other public agencies and
private citizens toward the development of effec-
tive methods of reducing roosting and breeding
areas for pigeons in or on other public and
private buildings particularly in those areas where
there is a high population density. (Added by
Ord. 268-64, App. 10/2/64)

SEC. 488. USE OF STEEL-JAWED
TRAPS PROHIBITED.

It shall be unlawful for any person to set,
trigger, activate or otherwise use, or cause to be
set, triggered, activated or used any steel-jawed
animal leg-hold trap, except as provided in Cali-
fornia Health and Safety Code Section 1803.
(Added by Ord. 301-77, App. 7/8/77)

SEC. 490. REGULATING RIDING OF
HORSES IN PUBLIC PLACES.

(a) Use and Place Designated. No person
shall ride, drive or lead a horse unattached to a
vehicle, for any purpose other than in the pursuit
of a business or occupation, parade, show or
similar exhibition for which a permit has been
obtained under the provisions of this Code, in
any public place in the City and County of San
Francisco, except as hereinafter set forth in this
Section:

(1) Upon unoccupied portions of the public
beaches;

215

Supp. No. 9, June 2007

Sec. 490.

San Francisco - Police Code

216

(2) Upon bridle trails and other equestrian
paths designated for such purpose under the
provisions of the Charter and Municipal Code of
said City and County;

(3) Upon public roads, streets or highways
when necessarily used for the sole purpose of
entering or leaving such bridle trails, equestrian
paths, or public beaches;

(4) Upon public roads, streets or highways
when necessarily used in proceeding directly to
or from a parade, show or similar exhibition, as
hereinabove set forth, when engaged as a par-
ticipant therein.

(b) Manner of Use. No person shall ride,
drive or lead a horse as provided in Subdivision
(a) of this Section:

(1) At a pace faster than a slow canter when
passing any horse proceeding in the same direc-
tion, or at a pace faster than a walk when
passing any horse standing or proceeding in the
opposite direction;

(2) At a pace faster than a walk upon any
pavement or crossing;

(3) At a pace faster than is reasonable or
prudent having due regard for the traffic on, and
the surface and width of, the ground being tra-
versed, and in no event at a rate of speed which
endangers the safety of persons, animals or
property at any other time or place permitted in
this Section;

(4) While intoxicated.

(d) Necessary Control. Any police or deputy
animal control officer may demand custody of
any such horse in the event the person having
charge thereof fails or refuses to exercise control
necessary for the safety of such horse, rider or
any other person, animal or property. Such horse
so taken into custody may be returned to its
stable or impounded as if running at large.
Refusal of any such person to exercise such
control shall constitute a violation of this Sec-
tion.

(e) Enforcement. The Chief of Police and
deputy animal control officers duly appointed by
The San Francisco Department of Animal Care
and Control shall enforce the provisions of this
Section.

(f) Penalty. Each and every act which is a
violation of any of the provisions of this Section
shall be deemed a misdemeanor. (Added by Ord.
4157, Series of 1939, App. 11/20/46; amended by
Ord. 254-92, App. 8/7/92)

[The next page is 219]

Supp. No. 9, June 2007

ARTICLE 7.1: HORSE-DRAWN VEHICLES

Sec.

500.

Authority to Adopt This Article.

Sec.

500.1.

Authority to Issue Regulations.

Sec.

500.2.

Permits Required.

Sec.

500.3.

Permits; Exception.

Sec.

500.4.

Transfer of Permits.

Sec.

501.

Definitions.

Sec.

502.

Horse-Drawn Vehicle Business
Permit.

Sec.

502.5.

Driver Permits.

Sec.

503.

Permit Investigation, Hearing
and Issuance.

Sec.

503.5.

Expiration, Suspension and
Revocation of Permits.

Sec.

504.

Insurance Requirements.

Sec.

505.

Rules of Operation.

Sec.

506.

Vehicle Regulations.

Sec.

507.

Horse or Horse-Drawn Vehicle
Animal Regulations.

Sec.

507.a.

Department of Animal Care and
Control — Duties.

Sec.

508.

Punishment.

Sec.

509.

Severability.

SEC. 500. AUTHORITY TO ADOPT THIS
ARTICLE.

These horse-drawn vehicle rules and regula-
tions are adopted pursuant to the authority
granted in the Board of Supervisors of the City
and County of San Francisco. (Added by Ord.
238-98, App. 7/17/98)

SEC. 500.1. AUTHORITY TO ISSUE
REGULATIONS.

The Chief of Police has authority, after a
noticed public hearing, to adopt such rules and
regulations that do not conflict with this Article
to effect the purposes of this Article. (Added by
Ord. 238-98, App. 7/17/98)

SEC. 500.2. PERMITS REQUIRED.

(1) It shall be unlawful to operate, or cause
to be operated, a horse-drawn vehicle business
within the City and County of San Francisco
without first obtaining a permit from the San
Francisco Police Chief.

(2) It shall be unlawful to drive a horse-
drawn vehicle for hire within the City and County
of San Francisco without first obtaining a horse-
drawn vehicle driver's permit from the Chief of
Police.

(3) It shall be unlawful to operate, or cause
to be operated, any horse-drawn vehicle for hire
within the City and County of San Francisco
without first obtaining a permit, license, or con-
tract for a "stand" that is acceptable to the San
Francisco Police Chief. If the stand is on Port
property a permit must also be obtained from the
Port of San Francisco. (Added by Ord. 238-98,
App. 7/17/98)

SEC. 500.3. PERMITS; EXCEPTION.

The permit requirements of this Article shall
not apply to the use of horse-drawn vehicles for
an activity that requires an event permit from
the San Francisco Police Department, such as a
parade or itinerant show. The horse-drawn ve-
hicle used for such an event must meet insur-
ance requirements as described in this Article. If
the event occurs on Port property a permit to use
said property will also be required. (Added by
Ord. 238-98, App. 7/17/98; amended by Ord.
284-99, File No. 991587, App. 11/5/99)

SEC. 500.4. TRANSFER OF PERMITS.

Any and all permits issued pursuant to this
Article are not transferable. (Added by Ord.
238-98, App. 7/17/98)

SEC. 501. DEFINITIONS.

(1) Horse-Drawn Vehicle. Includes any
wagon, coach, omnibus or any vehicle powered in
whole or in part by a horse, mule, or other
animal.

219

Sec. 501.

San Francisco - Police Code

220

(2) For Hire or Business. Horse-drawn
vehicle service for consideration.

(3) Employee. Person who works for or
renders services to a horse-drawn vehicle for
hire.

(4) Driver or Operator. Person who drives
or operates a horse-drawn vehicle.

(5) Horse. A horse with a weight that ex-
ceeds 1,100 pounds.

(6) Qualified Veterinarian. A licensed vet-
erinarian who is an expert in the care of horses
and is agreed upon by both the operator and the
Department of Animal Care and Control.

(7) Stand. The portion of a curb lane, or
any private or public property location, used for
loading, unloading or waiting for passengers of
horse-drawn vehicles. A "stand" must be ap-
proved by the Chief of Police and other affected
City and County of San Francisco department or
agency.

(8) Applicant. If a sole proprietorship, any
person. If a partnership, each partner. If a cor-
poration, each director, corporate officer, and
stockholder owning ten percent (10%) or more of
the corporation's stock.

(9) Mechanical Evaluator. A mechanical
evaluator is a person who has expertise, through
training and/or on-the-job experience in the evalu-
ation of the structural safety of horse-drawn
vehicles.

(10) Qualified Trainer. A qualified trainer
is a person who has expertise through training
and/or on-the-job experience in horse-drawn ve-
hicle driving and the care of horse-drawn vehicle
animals.

(11) Special Event. A special event is an
occasion when a person requests the services of a
horse-drawn vehicle for a prearranged period of
time for a prearranged route that is not on the
regular route of the horse-drawn vehicle. (Added
by Ord. 238-98, App. 7/17/98; amended by Ord.
284-99, File No. 991587, App. 11/5/99)

SEC. 502. HORSE-DRAWN VEHICLE
BUSINESS PERMIT.

(a) Prior to applying for a horse-drawn ve-
hicle business permit, the applicant shall obtain:

(1) A San Francisco horse-drawn vehicle
business address;

(2) Evidence of a valid permit, license or
contract for use of a stand by the horse-drawn
vehicle business at a location acceptable to the
Chief of Police. The Chief of Police shall consider,
among other things, public safety, public health,
animal welfare and traffic issues in determining
whether a requested location is acceptable;

(3) A mechanical inspection report for each
vehicle. (Payment of the cost of inspection is the
responsibility of the applicant.) The inspection
report shall include the following:

(i) The mechanical evaluator's name, em-
ployer, business address and phone number,

(ii) The mechanical evaluator's relevant
training, experience, and professional license
numbers (if any), and

(iii) Date of inspection and inspection re-
sults, including the evaluator's conclusions re-
garding vehicle condition, safety concerns, and
maximum safe speed, weight and seating capac-
ity.

(4) A medical inspection report for each
animal, made by a qualified veterinarian. (Pay-
ment of the cost of inspection is the responsibil-
ity of the applicant.) The medical inspection
report shall include the following:

(i) The medical evaluator's name, employer,
business address and phone number,

(ii) The medical evaluator's relevant train-
ing, experience, and professional license num-
bers, and

(iii) Date of inspection and inspection re-
sults, including vaccination information, the
animal's general medical condition, identifica-
tion of any specific health issues, and the
evaluator's opinion as to whether the animal is
fit to power a fully loaded vehicle in City traffic.

(5) A training report, authored by the ani-
mal trainer or owner, containing the name of the
animal's trainer, the place and date of training,

221

Horse-Drawn Vehicles

Sec. 503.

the content of the training, and certification that
the animal is trained to safely power a fully
loaded vehicle of the type to be used in City
traffic. (Training costs are the responsibility of
the applicant.)

(b) The application for the horse-drawn ve-
hicle business permit shall be made in writing
and filed with the Chief of Police. The applicant
shall provide:

(1) Applicant's name(s), address(es), and tele-
phone number(s);

(2) The physical location of the stand;

(3) A description of each vehicle to be oper-
ated, including photographs and other identify-
ing information to distinguish each horse-drawn
vehicle from any other;

(4) The mechanical inspection report for
each vehicle;

(5) Identification of each animal used to
power the vehicle(s), including photographs, and
other identifying information sufficient to distin-
guish each animal from any other that the ap-
plicant intends to use;

(6) The medical evaluation report for each
animal;

(7) The training report for each animal;

(8) A detailed description of the route to be
followed by the horse-drawn vehicles. (Added by
Ord. 238-98, App. 7/17/98; amended by Ord.
284-99, File No. 991587, App. 11/5/99)

SEC. 502.5. DRIVER PERMITS.

It shall be unlawful for any person to act as a
driver of any horse-drawn vehicle for hire li-
censed pursuant to this Article unless that per-
son holds a driver's permit from the Chief of
Police issued pursuant to this Section.

(1) Application for a permit to drive a horse-
drawn vehicle shall be made to the Chief of
Police on a form provided by the Police Depart-
ment. The applicant shall pay to the City and
County of San Francisco a public passenger
vehicle (non-motorized) driver application and
license fee as prescribed in Sections 2.26 and

2.27 of the San Francisco Administrative Code.
The application shall include, but is not limited
to, the following information:

(a) Applicant's name, address, phone num-
ber, height, weight, eye color, date of birth, and
Social Security Number;

(b) Applicant's California driver's license
number, license class and driving restrictions.
The applicant shall provide a current copy of his
or her driving record from the Department of
Motor Vehicles;

(c) All criminal offenses for which the appli-
cant has been convicted, including the date and
disposition of the criminal matter;

(d) Three photographs of applicant's face,
frontal view, approximately two inches by two
inches in size, taken within one month of the
application;

(e) A complete set of applicant's finger-
prints taken by the San Francisco Police Depart-
ment;

(f) A document certifying that the applicant
has been trained in equine care and horse-
driving from a qualified trainer. The document
shall contain, but not be limited to, the training
received, dates and locations of training, trainer
identification, trainer's employer and trainer's
address, phone number, professional licenses (if
any), training and experience;

(g) Such other information as the Chief of
Police may deem necessary. (Added by Ord. 238-
98, App. 7/17/98; amended by Ord. 284-99, File
No. 991587, App. 11/5/99)

SEC. 503. PERMIT INVESTIGATION,
HEARING AND ISSUANCE.

The Chief of Police, upon receipt of an appli-
cation for a horse-drawn vehicle business or
driver's permit, shall make an investigation with-
out unnecessary delay, hear the application, and
grant such application unless he or she finds
that the applicant:

(1) Has been convicted, or pled "no contest"
or guilty, within the five-year period prior to the
date of application, of any serious felony, crime of
moral turpitude, or any crime related to animal
cruelty or endangerment;

Sec. 503.

San Francisco - Police Code

222

(2) Has falsified, caused to be falsified, or
encouraged falsification of, any statement or
document relevant to the permit application pro-
cess;

(3) Has been found responsible for animal
cruelty or endangerment in any criminal, civil,
or administrative proceeding;

(4) Does not have the necessary qualifica-
tions or does not meet the requirements to oper-
ate a horse-drawn vehicle business or drive a
horse-drawn vehicle, as applicable;

(5) Has previously violated the Rules of
Operation for the operation of a horse-drawn
vehicle business. (Added by Ord. 238-98, App.
7/17/98)

SEC. 503.5. EXPIRATION, SUSPENSION
AND REVOCATION OF PERMITS.

(1) The Chief of Police may suspend or
revoke for good cause, any Police Department-
issued permit held by the horse-drawn vehicle
business, or any horse-drawn vehicle driver, is-
sued pursuant to this Article. "Good cause" in-
cludes, but is not limited to, a Chief of Police
finding, after a noticed public hearing, that the
permit holder has engaged in any activity that
would be grounds for denial of a horse-drawn
vehicle business or driver's permit.

(2) Permits may be revoked or suspended if
the annual license fee is not paid to the San
Francisco City and County Tax Collector.

(3) Within 30 days of the renewal date for a
horse-drawn business permit, the permit holder
shall submit, to the Chief of Police, recertifica-
tion and reinspection reports for each animal
and vehicle as described in this Article.

(4) Port permits may be revoked at the
discretion of the San Francisco Port Commis-
sion. (Added by Ord. 238-98, App. 7/17/98)

SEC. 504. INSURANCE
REQUIREMENTS.

(1) It shall be unlawful for any person to
operate any horse-drawn vehicle business with-
out sufficient insurance, pursuant to the require-
ments set forth by the City's Risk Manager.

(a) Applicants shall file with the Chief of
Police, and thereafter keep in full force and
effect, an insurance policy acceptable to the

Chief of Police. The insurance policy shall cover
any and all damage claims arising out of the
horse-drawn vehicle operation, including but not
limited to all property damage and bodily injury.
(b) Any deductibles in policies shall not
exceed $1,000 for each occurrence. All policies
shall be endorsed to provide 30 days' advance
written notice to the City and County of San
Francisco of the cancellation, nonrenewal or re-
duction in coverage, mailed to the following
address:

City and County of San Francisco
San Francisco Police Permit Section
850 Bryant Street, Room 458
San Francisco, CA 94103

In the case of a stand on property under the
jurisdiction of the San Francisco Port Commis-
sion, the insurance policy shall name the City
and County of San Francisco, the San Francisco
Port Commission, its agents and its employers as
additional insured. (Added by Ord. 238-98, App.
7/17/98)

SEC. 505. RULES OF OPERATION.

(1) No horse-drawn vehicle for hire shall
operate in the City and County of San Francisco
unless the owner(s) and operator(s), as appli-
cable, have valid horse-drawn vehicle business
and driver's permits, current tax licenses and
stand contracts, licenses or permits. The horse-
drawn vehicle business vehicles and animals
shall meet all requirements of this Article.

(2) No horse-drawn vehicle for hire shall
operate in the City and County of San Francisco
unless the operator has within the vehicle the
operator's valid California driver's license and a
copy of the permits for the horse-drawn vehicle
business and driver.

(3) The operator shall, on the demand of
any peace officer, animal control officer, or their
agents, present copies of all required licenses
and permits.

(4) The horse-drawn vehicle business per-
mit holder, or his or her agent or employee, shall
supply information regarding the condition of

223

Horse-Drawn Vehicles

Sec. 505.

the business 1 vehicles and/or animals within one
business day when requested by a peace officer,
animal control officer, or their agents.

(5) All drivers, agents and employees of a
horse-drawn vehicle business shall comply with
all traffic and other laws adopted by the State of
California and/or the City and County of San
Francisco and all horse-drawn vehicle regula-
tions enacted by the Chief of Police.

(6) No person may sit in the driver's com-
partment area or position except the permitted
driver, and a trainee.

(7) No horse-drawn vehicle driver, agent or
employee shall have any firearm or illegal weapon
in any part of the horse-drawn vehicle or in his or
her possession while working.

(8) No horse-drawn vehicle driver, agent or
employee shall possess or control any alcoholic
beverage or illegal drug while near or respon-
sible for the horse-drawn vehicle, stand or ani-
mal.

(9) No driver shall operate any horse-drawn
vehicle, or handle any horse-drawn vehicle ani-
mal, after consumption of prescription or non-
prescription drugs or medication, if the effect of
that drug or medication limits or hinders, in any
way, the driver's ability to operate the horse-
drawn vehicle or to care for the animal.

(10) No owner, driver, agent or employee of
a horse-drawn business shall fail or refuse to
comply with a lawful order from any peace officer
or animal control officer.

(11) No person may solicit members of the
public for horse-drawn vehicle services except at
an authorized stand.

(12) Horse-drawn vehicles may load passen-
gers at stands, or at marked loading zones on
their approved routes if the passengers previ-
ously arranged with the horse-drawn vehicle for
pick-up at a particular time and location. Pas-
sengers may disembark at any location along the
horse-drawn vehicle's approved route. The driver
shall maintain personal and direct control of the
horse or animal by holding the reins while pas-
sengers are loading or unloading at any location.

(13) Drivers shall not unnecessarily stop or
wait at any location other than an authorized
stand, except to load or unload passengers along
their approved routes.

( 14) Any horse-drawn vehicle business owner,
driver, agent or employee, who finds the property
of another, shall return the property to its right-
ful possessor. If the rightful possessor is un-
known, the horse-drawn vehicle business shall
hold the property for no more than thirty (30)
days before delivering the property to a San
Francisco police officer.

(a) The horse-drawn vehicle business shall
keep a log of all found property. The log shall
include entries for the date and time the prop-
erty was found, a description of the property, and
disposition of the property.

(b) After the thirty (30) day period, any
unclaimed property shall be delivered to a San
Francisco police officer for safekeeping.

(c) Failure to safeguard found property may
subject the driver and/or horse-drawn vehicle
business to permit revocation proceedings.

(15) Every horse-drawn vehicle operator shall
keep an accurate and legible waybill. Waybills
shall be retained for at least one year at the
horse-drawn vehicle business address and be
available for review by any peace officer or his or
her agent during normal business hours. Way-
bills shall set forth, as a minimum, the following
information:

(a) Driver's name;

(b) Vehicle number;

(d) Starting time for period covered by way-
bill;

(e) Origin and destination of each trip;

(f) Time of hire and discharge for each trip;

(g) Charges for each trip;

(h) Number of passengers for each trip;

(i) The identity of the horse used for each
trip.

(16) The driver must maintain control of
the horse or animal at all times and never leave
the horse-drawn vehicle unattended.

Sec. 505.

San Francisco - Police Code

224

( 1 7) The horse-drawn vehicle shall not block
or impede traffic at or near the stand when the
stand is occupied with another horse-drawn ve-
hicle.

(18) The horse-drawn vehicle business shall
operate horse-drawn vehicles at least seven (7)
days during any given calendar month, unless
weather precludes operation.

(19) The Chief of Police, or the Chiefs des-
ignee, has the authority to restrict or suspend
the operation of horse-drawn vehicles for any
situation that reasonably warrants the restric-
tion or suspension.

(20) For special events, if the horse-drawn
vehicle operator has a valid horse-drawn vehicle
business permit from the San Francisco Police
Department, the horse-drawn vehicle business
or driver must provide 24-hour notice to the
District Station of the time of the event and the
route to be taken. If the horse-drawn vehicle
operator does not have such a permit, the horse-
drawn vehicle business or driver must submit to
the Chief of Police two (2) weeks prior to the
event a proposed route for consideration and
approval.

(21) If a horse-drawn vehicle participates in
a special event that is not along the horse-drawn
vehicle's authorized route, the horse or animal
and vehicle must be transported by another,
appropriate vehicle(s) to and from the site of the
special event.

(22) The maximum number of passengers,
not including the driver or trainee, allowed to
ride in the carriage compartment area is six
persons. (Added by Ord. 238-98, App. 7/17/98;
amended by Ord. 284-99, File No. 991587, App.
11/5/99)

SEC. 506. VEHICLE REGULATIONS.

(1) Each horse-drawn vehicle shall be main-
tained in good working order and in a clean and
attractive manner.

(2) Each vehicle shall have the horse-drawn
vehicle business name and a number painted or
otherwise permanently affixed to the rear of the

vehicle in a clear and conspicuous manner. The
name and number shall be free of obstruction
and clearly visible and legible to the public.

(3) Each carriage shall have the relevant
hiring rates, and any other charges, posted in
clear and legible fashion on the exterior of both
sides of the vehicle.

(4) The passenger compartment of each ve-
hicle for hire shall have posted, without obstruc-
tion, the driver's permit and photograph.

(5) All vehicles shall be equipped with a
supply of complaint cards, approved by the Chief
of Police, and available to any passenger on
demand.

(6) All vehicles shall be equipped with a
device sufficient to catch horse excretion while
on public property, and on private property that
allows public access.

(7) No horse-drawn vehicle shall be used
primarily for advertising. Advertising must be
confined to a two feet by three feet area on the
back of the horse-drawn carriage.

(8) All vehicles shall comply with the equip-
ment standards set forth in Division 12 of the
California Vehicle Code.

(9) If it is reasonably determined that there
is a mechanical failure of the equipment or the
vehicle the Chief of Police or the Chiefs designee
may remove the horse-drawn vehicle from ser-
vice. The Chief of Police or the Chiefs designee
may seek the advice of a qualified professional. A
statement of findings must be provided from a
qualified professional and apprqyed by the Chief
of Police or the Chiefs designee prior to the
horse-drawn vehicle returning to service. All
expenses incurred are the responsibility of the
permit holder. (Added by Ord. 238-98, App. 7/17/
98; amended by Ord. 284-99, File No. 991587,
App. 11/5/99)

SEC. 507. HORSE OR HORSE-DRAWN
VEHICLE ANIMAL REGULATIONS.

(1) All horse-drawn vehicle animals shall
weigh over 1,100 pounds and be fit for the
purpose of powering a fully loaded horse-drawn
vehicle. To determine fitness, each horse-drawn
vehicle animal shall be examined every six months

225

Horse-Drawn Vehicles

Sec. 507.

by a qualified veterinarian, who shall issue a
report and send the report to both the Chief of
Police and the Director of Animal Care and
Control. The veterinarian report shall be made
on a form approved by the Chief of Police. The
report shall include, but is not limited to:

(i) The information required in Section
502.(4.)(a) of this Article;

(ii) Status of immunization, deworming and
dental work;

(iii) Farrier status;

(iv) Drug tests and pregnancy tests for mares;

(v) Results of any other test deemed pru-
dent by the veterinarian.

(2) The Chief of Police or the Chiefs desig-
nee may immediately suspend the use of any
horse-drawn vehicle animal and order a medical
evaluation or specific treatment for the animal
by a certified veterinarian. The Chief of Police or
the Chiefs designee may seek the advice of a
qualified professional. A statement of findings
must be provided from a certified veterinarian,
qualified in horse treatment and care, and ap-
proved by the Chief of Police or the Chiefs
Designee prior to the animal returning to ser-
vice. If the Department of Animal Care and
Control receives a complaint regarding the con-
dition or treatment of a horse-drawn vehicle
animal, the Director of Animal Care and Control
may have the horse examined by an Animal Care
and Control employee and/or a certified veteri-
narian at any time without notice. All costs
associated with medical tests, evaluations and
treatments are the responsibility of the permit
holder.

(3) No animal shall be used to power a
vehicle in the City and County of San Francisco
if the animal has an open sore or wound that
would affect the animal's comfort or soundness.

(4) No animal shall be used to power a
vehicle in the City and County of San Francisco
unless the animal has hoofs that are properly
shod and trimmed. Farrier records shall be kept
for each animal.

(5) No animal shall be used to power a
vehicle in the City and County of San Francisco
unless the animal is groomed daily and has a
healthy coat.

(6) No horse-drawn vehicle animal shall
work more than five (5) consecutive days in a
week or more than six (6) hours in any day or
twenty-four (24) hour period per the Carriage
Operators of North America's Rules of Opera-
tion. A horse-drawn vehicle animal shall have
water made available during the entire work
period.

(7) No horse-drawn vehicle animal shall
work more than eight hours per day without
being given water and rest for not less than two
cumulative hours during the entire work period.
Each horse-drawn vehicle animal shall be given
water and rest for not less than fifteen (15)
minutes during each working hour.

(8) All equipment used on the horse-drawn
vehicle animal must be approved by the Director
of Animal Care and Control or his or her desig-
nee prior to use. The equipment must be kept in
good repair at all times. Other than normal
blinders, no horse-drawn vehicle animal shall
work with equipment causing any vision impair-
ment. The harness shall be oiled and cleaned as
to be soft at all times. It also shall be fitted,
properly maintained, and free of makeshift con-
nections such as wire, cloth or tape, except if
emergency repair is necessary. No high port, long
shank, or twisted wire bits shall be used on any
horse-drawn vehicle animal.

(9) Whips may be used only in certain cases,
and not excessively, to control the animal. Whips
may not be used to inflict pain or suffering to any
horse-drawn vehicle animal.

(10) Whenever animals are housed on as-
phalt, concrete or other hard surfaces the floors
must be covered with rubber floor pads.

(11) Each horse-drawn vehicle animal shall
be required to work ninety percent of the time at
a walking gait, and no more than ten percent of
the time at a trotting gait. (Added by Ord.
238-98, App. 7/17/98; amended by Ord. 284-99,
File No. 991587, App. 11/5/99)

Sec. 507.a. San Francisco - Police Code 226

SEC. 507.a. DEPARTMENT OF ANIMAL
CARE AND CONTROL— DUTIES.

The Board of Supervisors calls on the Depart-
ment of Animal Care and Control to conduct
semiannual random visits to all horses engaged
in the operation of horse-drawn vehicles, and to
field inquiries from the public regarding the
treatment of such horses. (Added by Ord. 238-98,
App. 7/17/98)

SEC. 508. PUNISHMENT.

Any person who violates any provision(s) of
this Article is guilty of a misdemeanor, and upon
conviction shall be punished by fine not to exceed
$1,000, imprisonment not to exceed one year in
the County Jail, or by both such fine and impris-
onment. Any violation of this Article will also
subject all relevant permits or permit applica-
tion to revocation, suspension or denial. (Added
by Ord. 238-98, App. 7/17/98)

SEC. 509. SEVERABILITY.

If any section, subsection, subdivision, para-
graph, 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
hereof. The Board of Supervisors hereby declares
that it would have passed each section, subsec-
tion, 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 ineffec-
tive. (Added by Ord. 238-98, App. 7/17/98)

[The next page is 235]

ARTICLE 8: MINORS

Sec. 510. Minors Frequenting Barrooms,

Billiard Parlors, Etc.,
Prohibited.

Sec. 510.1. Family Recreation Center —
Special Permit.

Sec. 515. Regulating Issuance of Books to

Minors by Circulating Libraries.

Sec. 516. Exceptions.

Sec. 527. Minors Under 16 Years Getting

On or Off Moving Vehicles
Prohibited.

Sec. 528. Penalty.

Sec. 533. Requiring Hotels, Motels, Auto

Courts, and Furnished
Apartment House Keepers to
Report Presence of a Minor.

Sec. 534. Penalty.

Sec. 539. Curfew Law.

Sec. 551. Minors Selling, Etc., Goods,

Etc., in Certain Places
Prohibited.

Sec. 552. Proprietor, Etc., Not to Permit

Such Minor to Enter, Etc.

Sec. 553. Exception.

Sec. 554. Prohibition of Sale of Aerosol

Paint to Minors.

Sec. 555. Sale of Permanent Markers To

Minors and Possession of
Permanent Markers By Minors
Without Supervision or
Authorization Prohibited.

SEC. 510. MINORS FREQUENTING
BARROOMS, BILLIARD PARLORS, ETC.,
PROHIBITED.

It shall be unlawful within the City and
County of San Francisco for any proprietor, keeper,
bartender, clerk or any other person having the
charge or control of any saloon, barroom, billiard
room or poolroom, or of any other public place, or
place open to public view, to permit any person

under the age of 18 years to play or engage in or
to be present at any game of billiards, pool or of
cards; and it shall likewise be unlawful for any
person under the age of 18 years to play or
engage in, or be present at any game of billiards,
pool, or of cards in any public place or place open
to public view within the City and County of San
Francisco. (Added by Ord. 1.075, App. 10/11/38)

SEC. 510.1. FAMILY RECREATION
CENTER— SPECIAL PERMIT.

Notwithstanding the provisions of Section
510 of this Article, the Chief of Police may, upon
written application thereof in such form and
containing such information as said Chief shall
require, issue a special permit allowing persons
under the age of 18 years to play or engage in a
game of billiards or pool or to be, remain in, or
frequent a billiard or pool room, to any person,
firm, corporation, association, or other legal en-
tity holding a valid billiard or pool or combina-
tion table license if the area to be available to
persons under the age of 18 years conform to the
following physical design:

(a) All billiard or pool tables made available
for the use of persons under the age of 18 years
at said place of business shall be located on the
street level of said place of business;

(b) All of said billiard or pool tables shall be
open to public view from the adjoining sidewalk
at all times said place of business is in operation;

(c) A specific area of said place of business is
designated and set aside as a family recreation
center for the exclusive use of patrons or guests
under the age of 18 years or for groups which
include patrons or guests under the age of 18
years and such area is separated from the re-
maining area of said place of business by a
partition to be approved by the Chief of Police;
provided, however, that no person under the age
of 15 years shall be permitted to play or engage

235

Sec. 510.1.

San Francisco - Police Code

236

in a game of billiards or pool, or to be, remain in
or frequent a billiard or pool room unless accom-
panied by parent or guardian.

In granting or denying a permit the Chief of
Police shall give particular consideration to the
peace, order and moral welfare of the public.

Nothing in this Section shall be taken or
deemed to authorize or approve any person un-
der the age of 18 years playing or engaging in a
game of billiards or pool or being, remaining in or
frequenting any billiard or pool room at any time
during normal school hours on school days or at
any other time prohibited by applicable law or
statute. (Added by Ord. 267-66, App. 11/3/66)

SEC. 515. REGULATING ISSUANCE OF
BOOKS TO MINORS BY CIRCULATING
LIBRARIES.

It shall be unlawful for any person, firm,
corporation or association owning, operating or
having charge of any circulating or lending li-
brary to lend or rent to any person under the age
of 21 years any book, magazine, pamphlet or
other printed matter, unless and until such mi-
nor shall have registered with such circulating
or lending library, and shall have received there-
from a membership card; provided, however,
that such membership card shall not be issued to
any person under the age of 21 years without the
consent of the parent or legal guardian of such
minor in writing, signed by such parent or legal
guardian in the presence of the Librarian in
charge of such Library. In case such minor has no
regularly appointed legal guardian in the City
and County of San Francisco, then such written
consent must in like manner be obtained from
the person who has the care or custody of said
minor. (Added by Ord. 1.075, App. 10/11/38)

SEC. 516. EXCEPTIONS.

The provisions of Section 515 of this Article
shall not apply to libraries maintained or oper-
ated by the United States, the State of Califor-
nia, the City and County of San Francisco, or any
non-profit, technical and reference libraries.
(Added by Ord. 1.075, App. 10/11/38)

Sec. 521.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 260-04, File No. 031932, App. 11/4/2004)

Sec. 522.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 260-04, File No. 031932, App. 11/4/2004)

SEC. 527. MINORS UNDER 16 YEARS
GETTING ON OR OFF MOVING
VEHICLES PROHIBITED.

It shall be unlawful for any minor, under the
age of 16 years, to get on, or attempt to get on, or
to get off, or attempt to get off, any street car,
train or street cars, wagon, truck or other ve-
hicle, which may be moving along any public
street. (Added by Ord. 1.075, App. 10/11/38)

SEC. 528. PENALTY.

Any minor under the age of 16 years who
shall violate any of the provisions of Section 527
of this Article shall be guilty of a misdemeanor,
and, upon conviction thereof, shall be punished
by a fine not to exceed $50, or by imprisonment
in the County Jail for not more than one month,
or by both such fine and imprisonment. (Added
by Ord. 1.075, App. 10/11/38)

SEC. 533. REQUIRING HOTELS,
MOTELS, AUTO COURTS, AND
FURNISHED APARTMENT HOUSE
KEEPERS TO REPORT PRESENCE OF A
MINOR.

Each owner, agent, manager, or keeper of a
hotel, motel, auto court, furnished apartment
house, boarding house, lodging house, or tene-
ment house, shall immediately report to the
office of the Chief of Police of the City and
County of San Francisco, the presence therein of
any minor under the age of 18 years, unless such
minor is accompanied by the parent, guardian,
or other person having the care and custody of
such minor; or unless said minor is attending a
social event or other assemblage at which his
attendance has been expressly authorized by his
parents or legal guardian; or unless the presence
of said minor in said place or places is connected
with and required by some legitimate business,

237

Minors

Sec. 539.

trade, profession, or occupation, in which said
minor is engaged. (Amended by Ord. 10741,
Series of 1939, App. 12/12/57)

SEC. 534. PENALTY.

Any person, firm or corporation who shall
violate the provisions of Section 533 of this
Article shall be guilty of a misdemeanor, and,
upon conviction thereof, shall be punished by a
fine of not less than $100 and not more than
$500, or by imprisonment in the County Jail for
not more than six months, or by both such fine
and imprisonment. (Added by Ord. 1.075, App.
10/11/38)

SEC. 539. CURFEW LAW.

(a) Findings. The Board of Supervisors finds
that a critical need exists for a juvenile curfew
ordinance. Minors under the age of 14 possess a
particular vulnerability to crime and harmful
influence under certain circumstances or when
not supervised or accompanied by a parent or
legal guardian at night; such minors often lack
the ability to make critical decisions in an in-
formed and mature manner when exposed to
nighttime influences. A curfew ordinance can
help to ensure that a minor's parent or legal
guardian is able to play an important role in the
minor's development and upbringing. Under ex-
isting State law, there are limited circumstances
under which a police officer can intervene to
assist a minor who is in danger or need of
assistance. In the absence of a curfew ordinance,
an officer does not have a clear guideline as to
whether or not he or she can detain a minor to
obtain assistance. Accordingly, the Board of Su-
pervisors finds that this juvenile curfew ordi-
nance is necessary. The ordinance is precisely
tailored to ensure the welfare of minors and to
promote and protect parents' ability to play a
role in their children's upbringing.

(b) Definitions. For the purposes of this
Section, the following definitions shall apply:

(1) Emancipated Minor. An emancipated
minor is a minor who has entered into a valid
marriage, is on active duty with any of the armed

forces, or has received a declaration of emanci-
pation, as more fully set forth in California
Family Code Sections 7000, et seq.

(2) Emergency Mission. An emergency mis-
sion is a venture to obtain medical, police, fire, or
other assistance that is required by some reason-
able necessity to which a minor must attend.

(3) Legitimate Employment. Legitimate
employment is any lawful source of employment
or self-employment in connection with a busi-
ness, trade, profession, or occupation.

(4) Express Parental Permission. Ex-
press parental permission is the verifiable per-
mission of a minor's parent or legal guardian for
the minor to be in or on any public street, public
park, or any other public place during the hours
of curfew set forth in Subdivision (c). When
stopped for a possible violation of Subdivision (c),
it shall be the minor's responsibility to demon-
strate that he or she has express parental per-
mission. The minor may satisfy this burden
equally through any means including, but not
limited to, signed and verifiable documentation
from a parent or legal guardian specifying the
date, time and purpose of permission or presen-
tation of a form developed and administered by
the Police Department. If a minor is unable to
demonstrate that he or she has express parental
permission and no other exception applies, the
minor may be transferred to the nearest district
police station. For minors who allege but are
unable to demonstrate express parental permis-
sion, the officer in custody of the minor at the
station immediately shall attempt to contact the
minor's parent or legal guardian to determine if
the minor has express parental permission. If
the officer determines that the minor has ex-
press parental permission and the minor is not
being held for any other charges, the minor
immediately shall be released and returned to
the place of initial detention as authorized by the
minor's parent or legal guardian. If the officer
does not determine that the minor has express
parental permission, the minor shall be deemed
to be in violation of Subdivision (c).

(5) Minor. A minor is any person under the
age of 14 years.

Sec. 539.

San Francisco - Police Code

238

(6) Other Public Place. Other public place
includes all other public or private property, in
addition to a public street or public park, that is
out of doors and immediately accessible by the
public in general, such as plazas, parking lots,
doorways, or accessways. Other public place shall
not include the residence of a minor or a minor's
relative or a street, sidewalk, or yard immedi-
ately adjacent to the residence.

(7) Parent or Legal Guardian. A parent
or legal guardian is a person or spouse of a
person who has the legal custody or care of a
particular minor. For purposes of Subdivision
(c)(1), parent or legal guardian also includes an
adult who is accompanying a minor with the
express permission of the minor's parent or legal
guardian.

(8) Public Park. Public park includes all
grounds, roadways, squares, recreation facili-
ties, and other property placed under the control,
management, and direction of the San Francisco
Recreation and Park Commission.

(9) Public Street. Public street includes
all public sidewalks, crosswalks, roadways, al-
leys, and intersections that are not immediately
adjacent to a minor's residence.

(10) Religious or Political Activity. A
religious or political activity includes, but is not
limited to, a rally, demonstration, march, vigil,
service, or distribution of information which has
as its primary focus political or religious pur-
poses.

(c) Violation. It shall be unlawful for any
minor to be in or on any public street, public
park, or any other public place between the
hours of 12:00 midnight and 5:00 a.m., except for
the following:

(1) When the minor is accompanied by a
parent or legal guardian, or when the minor is
present with one or more other minors, at least
one of which is accompanied by a parent or legal
guardian;

(2) When the presence of the minor in or on
any public street, public park, or any other
public place is connected with and required by
some legitimate employment in which the minor
is engaged;

(3) When the minor has express parental
permission;

(4) When the minor is an emancipated mi-
nor;

(5) When the minor is engaged in an emer-
gency mission; or

(6) When the minor is participating in a
religious or political activity.

(d) Procedure. When a minor is cited,
booked, detained, or arrested for the violation of
Subdivision (c) of this Section, the officer taking
such action shall follow the procedures estab-
lished by the San Francisco Police Department
for treating juveniles who have violated Califor-
nia Welfare and Institutions Code Section 601. If
a minor is arrested for violation of Subdivision
(c), the minor shall not be held in a secure
facility. When a minor is placed in custody for a
violation of Subdivision (c), the arresting officer
or other authorized personnel immediately shall
make every effort to notify the minor's parent or
legal guardian pursuant to procedures estab-
lished by the Police Department. If the minor's
parent or legal guardian cannot be contacted
after continued efforts, the minor shall be trans-
ferred to a receiving facility pursuant to Police
Department procedures. The arresting officer
shall forward to the Juvenile Probation Officer
at the Youth Guidance Center a copy of the
arrest report, setting forth the circumstances of
the arrest of the minor. If the parent or legal
guardian of any minor arrested for the violation
of Subdivision (c) of this Section appears at the
place where the minor is being detained pursu-
ant to Police Department procedures, the Officer
in charge shall release the minor to the minor's
parent or legal guardian. It shall be the duty of
the Juvenile Probation Officer handling the case
to cause to be issued and served upon the ar-
rested minor's parent or legal guardian a notice,
requiring the parent or legal guardian to appear
at a time and place to be specified in the notice,
pursuant to the procedures established by the
Juvenile Probation Department. Any person fail-
ing or neglecting to respond to any notice issued
and served pursuant to the provisions of this
subdivision shall be guilty of a misdemeanor.

239

Minors

Sec. 555.

(e) Duty to Prosecute. It shall be the duty
of the District Attorney to prosecute any person
failing to respond to any notice issued pursuant
to Subdivision (c). (Amended by Ord. 6770, Se-
ries of 1939, App. 6/12/51; Ord. 147-90, Eff.
4/30/90)

SEC. 551. MINORS SELLING, ETC.,
GOODS, ETC., IN CERTAIN PLACES
PROHIBITED.

No minor under the age of 18 years shall, for
the purpose of selling, disposing of or offering for
sale or disposal any goods, wares or merchandise
or for the purpose of rendering any service to any
person on or about said premises, enter any
place or premises wherein alcoholic beverages
are sold or dispensed for consumption at or upon
said place or premises. (Added by Ord. 1.075,
App. 10/11/38)

SEC. 552. PROPRIETOR, ETC., NOT TO
PERMIT SUCH MINOR TO ENTER, ETC.

It shall be unlawful for the proprietor or
other persons in charge of the place or premises
referred to in Section 551 of this Article to permit
a minor under the age of 18 years to enter said
place or premises, or to remain therein, for the
purpose of selling, or offering for sale any goods,
wares or merchandise or for the purpose of
rendering any service to any person in or about
said premises. (Added by Ord. 1.075, App. 10/11/
38)

SEC. 553. EXCEPTION.

The provisions of Sections 551 and 552 of this
Article shall not apply to the sale, by minors
under the age of 18 years, of goods, wares or
merchandise, other than alcoholic beverages, at
baseball games, football games and other like
gatherings, where the sale or dispensing of alco-
holic beverages for consumption upon the place
or premises is only incidental to the exhibition or
venture carried on or engaged in. (Added by Ord.
1.075, App. 10/11/38)

SEC. 554. PROHIBITION OF SALE OF
AEROSOL PAINT TO MINORS.

It shall be unlawful:

(a) For any person, firm or corporation, ex-
cept a parent or legal guardian, to sell, exchange,
give or loan to any minor under the age of 18

years, any aerosol container six ounces or less
(net weight of contents) containing any sub-
stance commonly known as paint, or containing
any other opaque liquid capable of being pro-
pelled by the aerosol container.

(b) For any person under the age of 18 years
to have in his or her possession any aerosol
container six ounces or less (net weight of con-
tents) containing any substance commonly known
as paint, or containing any other opaque liquid
capable of being propelled by the aerosol con-
tainer while upon public property or upon pri-
vate property without the consent of the owner of
such private property. (Added by Ord. 12-86,
App. 1/17/86)

SEC. 555. SALE OF PERMANENT
MARKERS TO MINORS AND
POSSESSION OF PERMANENT
MARKERS BY MINORS WITHOUT
SUPERVISION OR AUTHORIZATION
PROHIBITED.

(a) Sale to Minors Prohibited. It shall be
unlawful for any person, firm or corporation,
except a parent or legal guardian, to sell, ex-
change, give, loan or in any way furnish to any
person under the age of 18 years any marker
with a nib (marking tip) one-half inch or more at
its largest dimension and that is capable of
defacing property with permanent, indelible, or
water proof ink, paint or other liquid.

(b) Possession by Minors Without Su-
pervision or Authorization Prohibited. It

shall be unlawful for any person under the age of
18 years to have in his or her possession any
permanent marker with a nib (marking tip)
one-half inch or more at its largest dimension
and that is capable of defacing property with
permanent, indelible, or waterproof ink, paint or
other liquid while: (i) upon public property, un-
less the minor is using the marker under the
supervision of a teacher, parent or guardian, or
(ii) upon private property without the consent of
the owner of such private property. (Amended by
Ord. 299-86, App. 7/11/86)

Sec. 555. San Francisco - Police Code 240

Sec. 556.

(Added by Ord. 136-88, App. 3/24/88; repealed by

Ord. 260-04, File No. 031932, App. 11/4/2004)

Sec. 557.

(Added by Ord. 213-88, App. 5/25/88; repealed by

Ord. 260-04, File No. 031932, App. 11/4/2004)

[The next page is 253]

ARTICLE 9: MISCELLANEOUS CONDUCT REGULATIONS

Sec. 585. Hitching Animals to or Injuring

Lampposts, Hydrants, Etc.,

Prohibited.
Sec. 602. Sale or Possession of Sling

Shots or Toys Projecting

Missiles by Air or Gas

Prohibited.
Sec. 603. Findings.

Sec. 603.1. Regulations in the Use of Water.
Sec. 603.2. Removal of Flow Restricting

Device.
Sec. 603.3. Tampering With Water Meter.
Sec. 603.4. Enforcement by Water

Department Employees.
Sec. 603.5. Violation.
Sec. 603.6. Effective Period.

Sec. 605. Prohibiting Sale or Purchase of

Lock-Opening Devices.
Sec. 607. Possession of Sling Shots or

Metal Knuckles Prohibited.
Sec. 608. Prohibiting Sale of Darts and

Similar Weapons to Minors.
Sec. 609. Prohibiting Possession of and

Purchase by Minors of Darts

and Similar Weapons.
Sec. 613. Regulating Sale of Firearms.

Sec. 613.1. Definitions.
Sec. 613.2. Application Form and

Background Check

Requirements.
Sec. 613.3. Denial of License.
Sec. 613.4. Referral of Application to Other

Departments.
Sec. 613.5. Public Hearing Before Issuance

of License.
Sec. 613.6. Form of License.
Sec. 613.7. Duration and Renewal of

Licenses.
Sec. 613.8. Nonassignability of License.
Sec. 613.9. Security.

Sec. 613.10.
Sec. 613.10-1

Sec. 613.10-2.

Sec. 613.10-3,

Sec. 613.11.

Sec. 613.12.

Sec. 613.13.

Sec. 613.14.

Sec. 613.15.

Sec. 613.16.

Sec. 613.17.

Sec. 613.18.

Sec. 613.19.

Sec. 613.20.

Sec. 614.

Sec. 615.

Sec. 616.

Sec. 617.

Sec. 622.

Sec. 623.

Sec. 628.

Sec. 630.

License — Conditions.

Sale or Transfer of 50 Caliber

Firearms and Cartridges

Restricted.

Sale of Ultracompact Firearms

Restricted.

Persons Prohibited from

Purchasing Firearms Not

Permitted on Licensees 1

Premises.

License — Grounds for

Revocation.

Hearing on License Denial or

Revocation.

License — Liability Insurance.

License — Authority to Inspect.

Compliance by Existing Dealers.

Temporary Suspension of

License.

Delivery to Tax Collector.

Rules and Regulations.

Penalties.

Severability.

Exceptions.

Records of Ammunition Sales.

Reporting the Loss or Theft of

Firearms.

Prohibition Against Possession

or Sale of Firearms or

Ammunition on Property

Controlled by the City and

County of San Francisco.

Regulations to be Observed at
Fires.

Public to Remain Outside Lines.
Coercion of Laborers For
Political Purposes Prohibited.

Unauthorized Removal of
Newspapers Prohibited.

253

Supp. No. 10, July/August 2007

San Francisco - Police Code

254

Sec. 633. Requiring Damaged Traffic

Standards to be Reported to
Chief of Police.

Sec. 635. City and County Buildings and

Grounds; Violations of Rules
and Regulations Relating
Thereto Prohibited.

Sec.

636.

Security Requirements New
Construction.

Sec.

636.1.

Security Requirements Group H
Occupancy Buildings.

Sec.

636.2.

Security Requirements Exterior
Doors.

Sec.

636.3.

Penalties.

Sec.

636.4.

Enforcement Authority.

Sec.

636.5.

Retroactive Provisions.

Sec.

638.

Interference With Fire, Etc.,
Telegraph Systems Prohibited.

Sec.

639.

Making False Alarms
Prohibited.

Sec.

640.

Reward.

Sec.

641.

Payment.

Sec.

642.

Ineligible Persons.

Sec.

643.

Publication of Offer.

Sec.

644.

The Use, Sale or Possession of

Balloons Inflated With

Inflammable or Explosive Gases

Prohibited.
Sec. 645. Abandoning Refrigerator

Equipped With Locking Devices

Prohibited.
Sec. 646. Penalty.

Sec. 647. Unauthorized Removal of

Shopping Carts; Notice,

Exceptions.
Sec. 648. Automatic Calling Devices — Use

of Regulated.
Sec. 649. Application for Permission to

Install.

SEC. 585. HITCHING ANIMALS TO OR
INJURING LAMPPOSTS, HYDRANTS,
ETC., PROHIBITED.

It shall be unlawful for any person to hitch or
fasten any animal to, or to place any placard or

notice upon, or in anywise to injure any lamp
post or hydrant, or any growing tree, upon any
public street, or, without authority, to extinguish
any public light. (Added by Ord. 1.075, App.
10/11/38)

SEC. 602. SALE OR POSSESSION OF
SLING SHOTS OR TOYS PROJECTING
MISSILES BY AIR OR GAS PROHIBITED.

It shall be unlawful for any person, except for
a peace officer authorized under California Penal
Code Section 12600, to buy, sell, offer or expose
for sale, barter or exchange, have in his posses-
sion or use any sling shot.

It shall also be unlawful for any person to
buy, sell, offer or expose for sale, barter or
exchange, have in his possession or use any toy
by which, whether used singly or in combination
of units, missiles may be projected by force or
compressed air, carbon dioxide, or any other
chemical, gas, or other element, or combined
thereof. Nothing in this section is intended to be
inconsistent with Government Code Section
53071.5 or any successor statute regulating imi-
tation firearms, BB guns or air rifles. (Amended
by Ord. 4782, Series of 1939, App. 1/6/48; Ord.
260-04, File No. 031932, App. 11/4/2004)

SEC. 603. FINDINGS.

Whereas, the Public Utilities Commission on
March 22, 1977 has adopted a mandatory water
conservation and rationing plan relating to the
use of water from the San Francisco Water
Department, this Board of Supervisors hereby
declares that a water shortage condition prevails
in the City and County of San Francisco due to
conditions prevailing throughout the State of
California and intends herewith to prohibit the
usage of water which is wasteful during such
water shortage condition to the end that suffi-
cient water will be available for human consump-
tion, sanitation and fire protection.

The specific uses prohibited in Section 603.1
are nonessential, and if allowed would constitute
a wastage of water. (Added by Ord. 221-77, App.
6/9/77)

Supp. No. 10, July/August 2007

254.1 Miscellaneous Conduct Regulations Sec. 603.1.

SEC. 603.1. REGULATIONS IN THE USE
OF WATER.

It shall be unlawful for any person, firm,
association, corporation, partnership or organi-

Supp. No. 10, July/August 2007

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Supp. No. 10, July/August 2007

255

Miscellaneous Conduct Regulations

Sec. 605.

zation of any kind, with respect to water pro-
vided directly from the San Francisco Water
Department through its facilities to:

(a) Use a hose to wash motor vehicles, trail-
ers, or boats except that automobiles and buses
may be washed in commercial or fleet washing
facilities using a water recycling system.

(b) Use a hose to wash a building or struc-
ture or any part thereof.

(c) Fill with water any existing or new swim-
ming pool except that water may be added to
existing swimming pools in order to maintain
normal levels and to replace evaporation.

(d) Clean or wash sidewalks, driveways,
patios, parking lots, tennis courts, athletic fields
covered with artificial surfaces and other hard-
surfaced areas with water from hoses or by use of
water directly from faucets or other water out-
lets.

(e) Use water in such a manner which re-
sults in flooding or runoff in gutters, driveways
or streets.

(f) Use water to clean, fill or maintain water
levels in decorative fountains.

(g) Serve water to a customer in a restau-
rant unless specifically requested by such cus-
tomer. (Added by Ord. 221-77, App. 6/9/77)

SEC. 603.2. REMOVAL OF FLOW
RESTRICTING DEVICE.

No person, firm, association, corporation, part-
nership or organization of any kind shall remove
any water flow restricting device installed by the
San Francisco Water Department to control wa-
ter use in excess of allotment on a customer
service line. (Added by Ord. 221-77, App. 6/9/77)

SEC. 603.3. TAMPERING WITH WATER
METER.

No person, firm, association, corporation, part-
nership or organization of any kind shall tamper
with, or alter in any manner a water meter or the
water service line which connects a water main
to a water meter of the San Francisco Water
Department. (Added by Ord. 221-77, App. 6/9/77)

SEC. 603.4. ENFORCEMENT BY WATER
DEPARTMENT EMPLOYEES.

Pursuant to Section 836.5 of the Penal Code,
San Francisco Water Department employees in
the civil service classification of District Water
Serviceman (Water Service Inspector) and Se-
nior District Water Serviceman (Senior Water
Service Inspector) shall have the duty to enforce
Sections 603.1, 603.2 and 603.3 of the Article and
are hereby authorized and empowered to arrest
any person, firm, association, corporation, part-
nership or organization of any kind for violations
of such sections of the Article. (Added by Ord.
221-77, App. 6/9/77)

SEC. 603.5. VIOLATION.

(a) Any person, firm, association, corpora-
tion, partnership or organization of any kind
who shall violate any of the provisions of Section
603.1 of this Article shall be guilty of a misde-
meanor and upon conviction thereof shall be
punished as follows:

Violation Penalty

First violation $ 25.00

Second violation 50.00

Third violation and subsequent

violations within a six-month

period 100.00

(b) Any person, firm, association, corpora-
tion, partnership or organization of any kind
who shall violate Sections 603.2 or 603.3 of this
Article shall be guilty of a misdemeanor and
upon conviction thereof shall be punished by a
fine of not more than $100. (Added by Ord.
221-77, App. 6/9/77)

SEC. 603.6. EFFECTIVE PERIOD.

The provisions of Sections 603.1, 603.2, 603.3
and 603.5 of this Article shall cease to be in full
force and effect upon the cancellation by Public
Utilities Commission of the mandatory water
conservation plan adopted on March 22, 1977 by
Resolution No. 77-0136. (Added by Ord. 221-77,
App. 6/9/77)

SEC. 605. PROHIBITING SALE OR
PURCHASE OF LOCK-OPENING
DEVICES.

(a) No person, corporation or business shall
sell, deliver or otherwise transfer, or offer for
sale, delivery or transfer, any picklock, crow,

Sec. 605.

San Francisco - Police Code

256

keybit, or other such instrument or tool designed
to open, break into, tamper with or damage any
lock, knowing or having reason to believe that it
is intended to be used to break or enter into any
building, structure or vehicle or to commit any
other unlawful act.

(b) No person, corporation or business shall
buy or otherwise receive any picklock, crow,
keybit, or other such instrument or tool designed
to open, break into, tamper with or damage any
lock, with the intent to use the same to break
into or enter into any building, structure or
vehicle or to commit any other unlawful act.

(c) Nothing in this Section shall prohibit
the sale, delivery or transfer of any item pro-
scribed in Subdivision (a) by any person, corpo-
ration or business lawfully engaged in the sale,
manufacture or servicing of security products in
the City and County of San Francisco.

(d) Nothing in this Section shall prohibit
the purchase or receipt of any item proscribed in
Subdivision (b) by any:

(i) Peace officer;

(ii) Local, state or federal government em-
ployee;

(iii) Person, corporation or business law-
fully engaged in the sale, manufacture or servic-
ing of security products in the City and County of
San Francisco (including, but not limited to,
locksmiths or alarm installers); or

(iv) Person, corporation or business who
demonstrates a lawful reason for the use of said
items in its profession.

(e) Any person, corporation or business sell-
ing, delivering or transferring, pursuant to Sub-
division (c) of this Section, any item specified in
Subdivision (a), shall obtain, on a form to be
approved by the Chief of Police, together with
the date of the purchase and the signature of the
purchaser, the purchaser's:

(i) Name;
(ii) Address;
(iii) Phone number;

(iv) Driver's license or identification num-
ber, if any; and,

(v) A list of the items purchased.

A copy of each such order shall be retained by
the seller for a period of one year, and shall be
open to inspection by any peace officer during
business hours.

(f) Any person, corporation or business who
violates any provision of this Section is guilty of
an infraction. (Added by Ord. 486-83, App. 9/29/
83)

SEC. 607. POSSESSION OF SLING
SHOTS OR METAL KNUCKLES
PROHIBITED.

It shall be unlawful for any person, firm or
corporation to buy, sell, offer or expose for sale,
barter, exchange, use or have the possession of
any sling shot or metal knuckles. (Added by Ord.
1.075, App. 10/11/38)

SEC. 608. PROHIBITING SALE OF
DARTS AND SIMILAR WEAPONS TO
MINORS.

It shall be unlawful for any person to sell,
offer for sale, barter or exchange, or suffer,
permit, authorize or allow any sale, barter or
exchange, to minors under the age of 16 years of
any darts or other pointed missile type weapons
intended to be thrown by hand. (Added by Ord.
218-58, App. 4/23/58)

SEC. 609. PROHIBITING POSSESSION
OF AND PURCHASE BY MINORS OF
DARTS AND SIMILAR WEAPONS.

It shall be unlawful for any minor under the
age of 16 years to purchase, buy, or possess any
darts or other pointed missile type weapons
intended to be thrown by hand.

Nothing in this Section shall prohibit the
possession of dart games or similar type games
in the home or by owners and operators of places
of public amusement. (Added by Ord. 218-58,
App. 4/23/58)

Sees. 610 through 610.8.

(Added by Ord. 175-68, App. 7/2/68; repealed by

Ord. 329-00, File No. 001924, App. 12/28/2000)

257

Miscellaneous Conduct Regulations

Sec. 613.2.

SEC. 613. REGULATING SALE OF
FIREARMS.

It shall be unlawful for any person, firm,
corporation or dealer engaging in the business of
selling, leasing or otherwise transferring any
firearm, firearms ammunition, or firearms am-
munition component to sell, lease or otherwise
transfer any firearm, firearms ammunition or
firearms ammunition component without first
having obtained a license from the San Francisco
Police Department. The Department shall make
available application forms requiring applicants
to provide the information set forth in Section
613.2, and shall collect a nonrefundable applica-
tion fee from each applicant.

The Chief of Police shall recommend to the
Board of Supervisors, on or before April 1, 1994,
a fee which shall be sufficient to recover all costs
associated with regulating the sale of firearms
under this Article, including but not limited to,
processing applications, monitoring licensees, and
enforcing the provisions of this Article. The fee
shall be set by the Board of Supervisors. (Amended
by Ord. 407-86, App. 10/3/86; Ord. 91-94, App.
2/25/94; Ord. 290-95, App. 9/1/95; Ord. 260-04,
File No. 031932, App. 11/4/2004)

SEC. 613.1. DEFINITIONS.*

(a) "Firearm" shall mean any device, de-
signed to be used as a weapon or modified to be
used as a weapon, that expels a projectile by the
force of an explosion or other form of combustion.

(b) "Firearm ammunition" shall mean any
cartridge or encasement containing a bullet or
projectile, propellent or explosive charge, and a
primer which is used in the operation of a
firearm.

(c) "Firearm ammunition component" shall
mean any cartridge or encasement, bullet or
projectile, primer or propellent or explosive ma-
terial used in the manufacture of ammunition.

(d) "Firearm capable of being concealed upon
the person" shall mean any such firearm as
defined in California Penal Code Section 12001(a).

(e) "Transfer" shall include, but shall not be
limited to, the redemption of a pawned or pledged
firearm by any individual including the indi-
vidual who pawned or pledged the firearm.

(f) "Ultracompact firearm" shall mean any
pistol, revolver, handgun or other firearm that is
6.75 inches or less in length or 4.5 inches or less
in height, measured with the magazine de-
tached, but shall not include any such firearm
that is an unsafe handgun defined by Section
12126 of the California Penal Code. (Added by
Ord. 91-94, App. 2/25/94; amended by Ord. 225-
96, App. 6/7/96; Ord. 283-96, App. 7/3/96; Ord.
131-99, File No. 990493, App. 5/28/99; Ord. 62-
00, File No. 000197, App. 4/14/2000; Ord. 242-00,
File No. 000950, App. 10/27/2000; Ord. 260-04,
File No. 031932, App. 11/4/2004)

^Editor's Note:

The provisions of Ord. 283-96 took effect on Janu-
ary I, 1997.

SEC. 613.2. APPLICATION FORM AND
BACKGROUND CHECK REQUIREMENTS.

(a) The application for a license to engage in
the business of selling, leasing or otherwise
transferring any firearm, firearms ammunition,
or firearms ammunition component shall be signed
under penalty of perjury and shall set forth:

(1) The name, age and address of the appli-
cant, as well as the name, age and address of all
persons who will have access to or control of
workplace firearms, firearm ammunition, or fire-
arm ammunition components, including but not
limited to, the applicant's employees, agents and
or supervisors, if any;

(2) The address of the location for which the
license is required, together with the business
name of such location, if any;

(3) All convictions of the applicant for any of
the offenses listed in Section 613.3(e);

(4) All information relating to licenses or
permits relating to firearms or other weapons
sought by the applicant from other jurisdictions,
including, but not limited to date of application
and whether each such application resulted in
issuance of a license;

Sec. 613.2.

San Francisco - Police Code

258

(5) All information relating to revocations
of licenses or permits relating to firearms, includ-
ing but not limited to date and circumstances of
revocation;

(6) Applicant's agreement to indemnify, de-
fend, and hold harmless the City, its officers,
agents, and employees, from and against any
and all claims, losses, costs, damages and liabili-
ties of any kind, arising in any manner out of the
applicant's negligence or intentional or wilful
misconduct;

(7) Applicant's understanding that the City
shall have the right to enter the building desig-
nated in the license from time to time during
regular business hours to make reasonable in-
spections and to investigate and enforce compli-
ance with building, mechanical, fire, electrical,
plumbing, or health regulations, provisions of
this Article, and all other applicable federal,
state, and local laws.

(b) Each application must be accompanied
by evidence that the applicant has satisfied the
insurance requirements stated in Section 613.13
of this Article.

(c) All persons listed on the application form
as having access to, or control of, workplace
firearms, firearm ammunition, or firearm ammu-
nition components shall obtain a certificate of
eligibility under Penal Code Section 12071 from
the state Department of Justice. A copy of the
certificate of eligibility for each such person shall
be submitted with the application.

(d) The Chief of Police shall conduct a crimi-
nal history background check on the applicant
and on all other persons listed on the application
form as having access to, or control of, workplace
firearms, firearm ammunition, or firearm ammu-
nition components, including but not limited to,
the applicant's employees, agents and/or super-
visors, if any, and shall determine whether such
persons have been convicted of any offenses
described in subsection (e) of Section 613.3, or
are among the persons described in subsections
(f) or (g) of Section 613.3. Where the Chief of
Police determines that one or more of the appli-
cants, employees, agents or supervisors have
been convicted of an offense described in subsec-

tion (e) of Section 613.3, or are among the per-
sons described in subsections (f) or (g) of Section
613.3, the applicant shall have 21 days from the
mailing of written notification from the Chief of
Police to provide evidence in a form acceptable to
the Chief of Police that such persons have been
removed or reassigned so that they no longer
have access to or control of workplace firearms,
firearm ammunition, or firearm ammunition com-
ponents. In the event that an applicant fails to
comply with this subsection, the Chief of Police
shall deny the license.

(e) As used in this Section, the term "appli-
cant" when the applicant is other than a natural
person shall include any officer, director, em-
ployee or agent of the applicant who has access
to, or control of, workplace firearms, firearm
ammunition, or firearm ammunition compo-
nents. (Amended by Ord. 407-86, App. 10/3/86;
Ord. 91-94, App. 2/25/94; Ord. 260-04, File No.
031932, App. 11/4/2004)

SEC. 613.3. DENIAL OF LICENSE.

The Chief of Police shall deny the issuance or
renewal of a license when any of the following
conditions exist:

(a) The applicant is under the age of 21
years.

(b) The applicant is not licensed as required
by all applicable federal, State and local laws.

(c) The applicant has had a firearms license
previously revoked or denied for good cause
within the immediately preceding two years.

(d) The applicant has made a false or mis-
leading statement of a material fact, or omission
of a material fact, in the application for a license.
If a license is denied on this ground, the appli-
cant shall be prohibited from reapplying for a
license for a period of two years.

(e) The applicant has been convicted of:

(1) Any offense so as to disqualify the appli-
cant from owning or possessing a firearm under
applicable federal, State, and local laws, includ-
ing but not limited to the offenses listed in
California Penal Code Section 12021;

259

Miscellaneous Conduct Regulations

Sec. 613.5.

(2) Any offense relating to the manufacture,
sale, possession, use, or registration of any fire-
arm or dangerous or deadly weapon;

(3) Any offense involving the use of force or
violence upon the person of another;

(4) Any offense involving theft, fraud, dis-
honesty, or deceit, including but not limited to
any of the offenses listed in Title 7 (Crimes
Against Public Justice) and title 13, Chapters 4
(Forgery and Counterfeiting), 5 (Larceny), 6 (Em-
bezzlement), 7 (Extortion), 8 (False Person-
ation), 13 and 14 (Fraud) of the California Penal
Code;

(5) Any offense involving the manufacture,
sale, possession or use of any controlled sub-
stance as defined by the California Health and
Safety Code as said definition now reads or may
hereafter be amended to read.

(f) The applicant is within the classes of
persons defined in California Welfare and Insti-
tutions Code Sections 8100 or 8103.

(g) The applicant is (1) currently, or has
been within the past two years, an unlawful user
of any controlled substance as defined by the
California Health and Safety Code as said defi-
nition now reads or may hereafter be amended to
read; or (2) an excessive user of alcohol, to the
extent that such use would impair his or her
fitness to be a dealer in firearms.

(h) The operation of the business as pro-
posed would not comply with all applicable fed-
eral, State, and local laws.

(i) The applicant, or an officer, employee, or
agent thereof, proposes to operate in the follow-
ing locations:

(1) Within any RH, RM, RC, NC or RED
zoning district, or within 1,000 feet of the exte-
rior limits of any such district;

(2) Within 1,000 feet of a public or private
day care center or day care home, or within 1,000
feet of any elementary, junior high or high school
whether public or private;

(3) On or within 1,500 feet of the exterior
limits of any other premises used as a place of
business by a dealer in firearms;

(4) Within 1,000 feet of a community center,
church, neighborhood center, recreational center,
whether public or private, where regularly sched-
uled activities are conducted for people under 18
years of age.

(j) The applicant, or an officer, employee or
agent thereof does not have, and/or cannot pro-
vide evidence of a possessory interest in the
property at which the proposed business will be
conducted.

(k) Any other ground for denial exists under
any applicable provision of federal, State or local
law.

(1) The applicant fails to comply with the
requirements of subsections (c) or (d) of Section
613.2.

As used in this Section, the term "applicant"
when the applicant is other than a natural
person shall include any officer, director, em-
ployee or agent of the applicant who has access
to, or control of, workplace firearms, firearm
ammunition, or firearm ammunition compo-
nents. (Added by Ord. 91-94, App. 2/25/94;
amended by Ord. 322-96, App. 8/8/96; Ord. 260-
04, File No. 031932, App. 11/4/2004)

SEC. 613.4. REFERRAL OF
APPLICATION TO OTHER
DEPARTMENTS.

Upon receiving an application that is not
rejected for one of the reasons stated in Section
613.3, the Police Department shall refer the
application to the Bureau of Building Inspection,
the Fire Department, and the City Planning
Department, which departments shall inspect
the premises to be used for the sale of conceal-
able firearms and shall report to the Police
Department concerning compliance with the codes
they administer, and compliance with this Ar-
ticle. (Added by Ord. 161-75, App. 4/23/75;
amended by Ord. 91-94, App. 2/25/94)

SEC. 613.5. PUBLIC HEARING BEFORE
ISSUANCE OF LICENSE.

When an application is filed for a license
under this Article, and the application is not
denied for one of the reasons stated in Section

Sec. 613.5.

San Francisco ■ Police Code

260

613.3, the Police Department shall fix a time and
place for a public hearing regarding the applica-
tion. Not less than 10 days before the date of
such hearing, the Police Department shall cause
to be posted a notice of such hearing in a con-
spicuous place on the property in which the
proposed business is to be operated and the
applicant shall maintain said notice as posted
until the day following the hearing. (Added by
Ord. 161-75, App. 4/23/75; amended by Ord.
91-94, App. 2/25/94)

SEC. 613.6. FORM OF LICENSE.

All licenses issued pursuant to this Article
shall be in the form prescribed by the Attorney
General of the State of California. (Added by
Ord. 91-94, App. 2/25/94)

SEC. 613.7. DURATION AND RENEWAL
OF LICENSES.

All licenses issued pursuant to this Article
shall expire one year after the date of issuance;
provided, however, that such licenses may be
renewed by the Chief of Police for additional
periods of one year upon the approval of an
application for renewal by the Chief of Police and
payment of the renewal fee. Such renewal appli-
cation shall set forth the information listed in
Section 613.2 and must be received by the Chief
of Police, in completed form, no later than 45
days prior to the expiration of the current li-
cense. (Added by Ord. 91-94, App. 2/25/94)

SEC. 613.8. NONASSIGNABILITY OF
LICENSE.

The assignment or attempt to assign any
license issued pursuant to this Article is unlaw-
ful and any such assignment or attempt to as-
sign a license shall render the license null and
void. (Added by Ord. 91-94, App. 2/25/94)

SEC. 613.9. SECURITY.

In order to discourage the theft of firearms
stored on the premises of a firearms dealer, each
business licensed under this Article must adhere

to security measures as required by the Chief of
Police. Security measures shall include but not
be limited to:

(a) Provision of secure locks, windows and
doors, adequate lighting, and alarms as specified
by the Chief of Police;

(b) Storage of all firearms on the premises
out of the reach of customers in secure, locked
facilities, so that access to firearms shall be
controlled by the dealer or employees of the
dealer, to the exclusion of all others. (Added by
Ord. 91-94, App. 2/25/94)

SEC. 613.10. LICENSE— CONDITIONS.*

In addition to all other requirements and
conditions stated in this Article, each license
shall be subject to all of the following conditions,
the breach of any of which shall be sufficient
cause for revocation of the license by the Chief of
Police:

(a) The business shall be carried on only in
the building located at the street address shown
on the license, except as otherwise authorized
under Section 12071(b)(1) of the California Penal
Code.

(b) The licensee shall comply with Sections
12073, 12074, 12076, 12077 and 12082 of the
California Penal Code, to the extent that the
provisions remain in effect.

(c) The licensee shall not deliver any pistol
or revolver to a purchaser earlier than 10 days
after the application for the purchase, lease or
transfer, unless otherwise provided by State or
federal law.

(d) The licensee shall not deliver any fire-
arm to a purchaser, lessee or other transferee
unless the firearm is unloaded and securely
wrapped or unloaded in a locked container.

(e) The licensee shall not deliver any fire-
arm, firearm ammunition, or firearm ammuni-
tion component to a purchaser, lessee or other
transferee unless the purchaser, lessee or other
transferee presents clear evidence of his or her
identity and age to the seller. As used in this
Section, "clear evidence of his or her identity and
age" includes, but is not limited to, a motor
vehicle operator's license, a State identification

261

Miscellaneous Conduct Regulations

Sec. 613.10.

card, an armed forces identification card, an
employment identification card which contains
the bearer's signature and photograph, or any
similar documentation which provides the seller
reasonable assurance of the identity and age of
the purchaser.

(f) The licensee shall not display in any part
of the premises where it can be readily seen from
outside the premises, any firearm, firearm am-
munition or imitation thereof, or placard adver-
tising the sale or other transfer thereof, other
than a sign identifying the name of the business.

(g) The licensee shall not sell, lease or oth-
erwise transfer to any person any ammunition
that:

(1) Serves no sporting purpose;

(2) Is designed to expand upon impact and
utilize the jacket, shot or materials embedded
within the jacket or shot to project or disperse
barbs or other objects that are intended to in-
crease the damage to a human body or other
target (including, but not limited to, Winchester
Black Talon, Speer Gold Dot, Federal Hydra-
Shok, Hornady XTP, Eldorado Starfire, Hollow
Point Ammunition and Remington Golden Sabre
ammunition; or

(3) Is designed to fragment upon impact
(including, but not limited to, Black Rhino bul-
lets and Glaser Safety Slugs).

This subsection does not apply to conven-
tional hollow-point ammunition with a solid lead
core when the purchase is made for official law
enforcement purposes and the purchaser is au-
thorized to make such a purchase by the director
of a public law enforcement agency such as the
Chief of the San Francisco Police Department or
the Sheriff of the City and County of San Fran-
cisco.

(h) The licensee shall post within the
licensee's premises a notice stating the following:

"THE CALIFORNIA PENAL CODE PROHIB-
ITS THE SALE OF FIREARMS OR FIRE-
ARMS AMMUNITION TO PERSONS UN-
DER THE AGE OF 18, AND FURTHER
GENERALLY PROHIBITS THE SALE OF A
PISTOL, REVOLVER, OR FIREARM CA-

PABLE OF BEING CONCEALED UPON THE
PERSON TO ANY PERSON UNDER THE
AGE OF 21."

The posted notice shall be in a conspicuous
location, shall be in 36 point type block letters in
black ink on a white background, and shall be
located so that the notice can easily and clearly
be seen by all prospective purchasers of firearms
and firearm ammunition.

(i) The licensee shall not sell, lease or oth-
erwise transfer any ultracompact firearm except
as authorized by Section 613.10-2 or any 50
caliber firearm or 50 caliber cartridge except as
authorized by Section 613.10-1.

(j) Any license issued pursuant to this Ar-
ticle shall be subject to such additional condi-
tions as the Chief of Police finds are reasonably
related to the purpose of this Article.

(k) The licensee shall comply with the re-
quirements of Section 613.10-3 and shall, in
addition, post the appropriate notice or notices,
as specified below, in a conspicuous location at
the entrance of the licensee's premises (or at the
entrance to the separate room or, enclosure pur-
suant to Section 613.10-3(c)). Such notice shall
be in 36 point type block letters in black ink on a
white background.

(1) Licensees that sell, lease or otherwise
transfer firearms, other than firearms capable of
being concealed on the person, shall post a notice
at the entrance to the premises (or at the en-
trance to the separate room or enclosure pursu-
ant to Section 613.10-3(c)) stating the following:

"THE SAN FRANCISCO POLICE CODE RE-
QUIRES THAT FIREARMS DEALERS PRO-
HIBIT ENTRY BY PERSONS UNDER AGE
18, AND FURTHER PROHIBITS ENTRY BY
(1) PERSONS CONVICTED OF A VIOLENT
OFFENSE WHO ARE PROHIBITED FROM
POSSESSING FIREARMS PURSUANT TO
CALIFORNIA PENAL CODE SECTIONS
12021 OR 12021.1; AND (2) PERSONS WHO
ARE CURRENTLY PROHIBITED FROM POS-
SESSING FIREARMS BECAUSE THEY HAVE
BEEN ADJUDICATED AS MENTALLY DIS-

Supp. No. 10, July/August 2007

Sec. 613.10.

San Francisco - Police Code

262

ORDERED, NOT GUILTY BY REASON OF
INSANITY OR INCOMPETENT TO STAND
TRIAL."

(2) Licensees that sell, lease or otherwise
transfer firearms capable of being concealed on
the person shall post a notice at the entrance to
the premises (or at the entrance to the separate
room or enclosure containing such firearms pur-
suant to Section 613.10-3(c)) stating the follow-
ing:

"THE SAN FRANCISCO POLICE CODE RE-
QUIRES THAT FIREARMS DEALERS PRO-
HIBIT ENTRY BY PERSONS UNDER AGE
21, AND FURTHER PROHIBITS ENTRY BY
(1) PERSONS CONVICTED OF A VIOLENT
OFFENSE WHO ARE PROHIBITED FROM
POSSESSING FIREARMS PURSUANT TO
CALIFORNIA PENAL CODE SECTIONS
12021 OR 12021.1; AND (2) PERSONS WHO
ARE CURRENTLY PROHIBITED FROM POS-
SESSING FIREARMS BECAUSE THEY HAVE
BEEN ADJUDICATED AS MENTALLY DIS-
ORDERED, NOT GUILTY BY REASON OF
INSANITY OR INCOMPETENT TO STAND
TRIAL."

(3) Licensees that sell, lease or otherwise
transfer firearms capable of being concealed on
the person, but who keep such firearms in a
separate room or enclosure in accordance with
Section 613.10-3(c) shall post the notice required
by paragraph (1) at the entrance to the premises
or separate room or enclosure containing fire-
arms that are not capable of being concealed on
the person, and shall post the notice required by
paragraph (2) at the entrance to the separate
room or enclosure containing firearms capable of
being concealed on the person.

(1) The licensee shall notify the Chief of
Police of the name, age and address of, and
submit a certificate of eligibility under Penal
Code Section 12071 from the State Department
of Justice for, any person not listed on the
licensee's application under Section 613.2(a)(1)
who will be given access to, or control of, work-

place firearms, firearm ammunition, or firearm
ammunition components. The licensee shall sub-
mit the required information and certificate within
10 days of such person being employed or other-
wise being given access to, or control over work-
place firearms, firearm ammunition, or firearm
ammunition components.

(m) Within the first five business days of
April and October of each year, licensees shall
cause a physical inventory to be taken that
includes a listing of each firearm held by the
licensee by make, model, and serial number,
together with a listing of each firearm the lic-
ensee has sold since the last inventory period. In
addition, the inventory shall include a listing of
each firearm lost or stolen that is required to be
reported pursuant to Penal Code Section
12071(b)(13). Licensees shall maintain a copy of
the inventory on the premises for which the
license was issued. Immediately upon comple-
tion of the inventory, licensees shall forward a
copy of the inventory to the address specified by
the Chief of Police, by such means as specified by
the Chief of Police. With each copy of the inven-
tory, licensees shall include an affidavit signed
by the licensee (or, if the licensee is not a natural
person, by an officer, general manager, or other
principal of the licensee) stating under penalty of
perjury that within the first five business days of
that April or October, as the case may be, the
signer personally confirmed the presence of the
firearms reported on the inventory. (Added by
Ord. 91-94, App. 2/25/94; amended by Ord. 290-
95, App. 9/1/95; Ord. 225-96, App. 6/11/96; Ord.
283-96, App. 7/3/96; Ord. 62-00, File No. 000197,
App. 4/14/2000; Ord. 242-00, File No. 000950,
App. 10/27/2000; Ord. 260-04, File No. 031932,
App. 11/4/2004; Ord. 192-07, File No. 070684,
App. 8/1/2007)
^Editor's Note:

The provisions of Ord. 283-96 took effect on Janu-
ary I, 1997.

Supp. No. 10, July/August 2007

262.1 Miscellaneous Conduct Regulations Sec. 613.10-1.

SEC. 613.10-1. SALE OR TRANSFER OF
50 CALIBER FIREARMS AND
CARTRIDGES RESTRICTED.

(a) Findings. The Board of Supervisors finds
as follows:

(1) Fifty caliber rifles are military-style fire-
arms, used by armed forces around the world,
which combine long range, accuracy and massive
power. Fifty caliber rifles are accurate to dis-
tances of 1,000 to 2,000 yards (10 to 20 football
fields), depending on the skill of the shooter, and
can penetrate armored vehicles, disable aircraft
and damage industrial targets, such as refiner-
ies and hazardous chemical plants. The dangers
of these weapons are detailed in "Voting from the
Rooftops: How the Gun Industry Armed Osama
bin Laden, other Foreign and Domestic Terror-
ists, and Common Criminals with 50 Caliber
Sniper Rifles," Violence Policy Center (2001).

(2) Fifty caliber rifles and ammunition are
proliferating on the civilian market in the United
States.

(3) In a briefing paper dated August 4,
1999, the United States General Accounting Of-
fice concluded that 50 caliber rifles have been
associated with significant criminal activity, stat-
ing "Our investigation revealed that 50 caliber
semiautomatic rifles have been linked to domes-
tic and international criminal activity. We have
established a nexus to terrorist groups, outlaw

Supp. No. 10, July/August 2007

[INTENTIONALLY LEFT BLANK]

Supp. No. 10, July/August 2007

263

Miscellaneous Conduct Regulations

Sec. 613.10-1.

motorcycle gangs, international drug cartels, do-
mestic drug dealers, religious cults, militia groups,
potential assassins, and violent criminals."

(4) California Penal Code Sections 12303.6
and 12304 currently prohibit the sale of destruc-
tive devices, defined to include weapons of a
caliber greater than 60 caliber and any ammu-
nition therefor. In addition, recognizing the dan-
ger posed by 50 caliber rifles, the Legislature
recently passed, and the Governor has signed,
legislation restricting the sale and transfer and
tracking the ownership of, 50 caliber rifles;

(5) The City and County of San Francisco
has a high concentration of potential targets for
terrorist attacks;

(6) The firearms industry has recently in-
troduced a 50 caliber handgun, and reports indi-
cate that it is difficult to control and fires with
five times the muzzle power of a .357 magnum
handgun;

(7) A recent analysis of data published by
the manufacturer of this 50 caliber handgun and
ballistics test data published in American Rifle-
man magazine indicate that bullets fired from
the handgun may be capable of penetrating Type
IIIAbody armor, the highest grade of concealable
body armor normally worn by law enforcement
officers in the field. The dangers of these weap-
ons are detailed in "Vest Buster: The .500 Smith
& Wesson Magnum — The Gun Industry's Latest
Challenge to Law Enforcement Body Armor,"
Violence Policy Center (2004);

(8) Fifty caliber firearms have no legitimate
hunting or sporting purpose in the City and
County of San Francisco. Further, such firearms
are ill-suited for use as a means to defend one's
home or property, since they are difficult to
control, greatly increase the risk of harm to
bystanders, and the firepower greatly exceeds
that which is necessary to protect property or
homeowners;

(9) The Board of Supervisors hereby finds
and declares that the uncontrolled proliferation
and use of 50 caliber firearms and ammunition
poses an unacceptable threat to the health, safety
and security of the public.

(b) Purpose and Intent. The purpose and
intent of this Section is to protect the health,
safety, security and general welfare of the citi-
zens of the City and County of San Francisco and
the City's law enforcement personnel by reduc-
ing the risk of personal injury, death or property
damage caused by 50 caliber firearms. Specifi-
cally with respect to regulating 50 caliber hand-
guns, it is the purpose and intent of this Section
to protect of the citizens of the City and County
of San Francisco and the City's law enforcement
personnel by reducing the risk of personal injury,
death or property damage caused by persons
using 50 caliber handguns. It is not the intent of
this Section to address the problem of handgun
safety, as addressed, for example in Sections
12125 through 12133 of the California Penal
Code, or to otherwise regulate 50 caliber hand-
guns based on consumer product safety consid-
erations for the person using the handgun.

(1) As used in this section, the term "50
caliber firearm" shall mean any firearm, as de-
fined in Section 613.1 of this Article, capable of
firing a center-fire 50 caliber cartridge.

(2) As used in this section, the term "50
caliber cartridge" shall mean a firearm ammuni-
tion cartridge in 50 caliber, either by designation
or actual measurement, or any metric equiva-
lent, including but not limited to a .50 BMG
cartridge, that is capable of being fired from a
centerfire rifle or a handgun. The term "50
caliber cartridge" does not include any memora-
bilia or display item that is filled with a perma-
nent inert substance or that is otherwise perma-
nently altered in a manner that prevents ready
modification for use as live ammunition.

(3) As used in this section, the term "rifle"
shall mean any firearm that is designed or
redesigned, made or remade, and intended to be
fired from the shoulder, and which is designed or
redesigned, made or remade to use the energy in
a fixed cartridge to fire only a single projectile
through a rifled bore for each single pull of the
trigger. The term "rifle" shall not include any
shotgun.

Sec. 613.10-1.

San Francisco - Police Code

264

(4) As used in this section, the term "hand-
gun" shall mean any firearm with a barrel less
than 16 inches in length. The term "handgun"
shall include any pistol, revolver, or concealable
firearm as such terms are defined in the Califor-
nia Penal Code.

(d) Sale or Transfer of 50 Caliber Fire-
arms and Cartridges Restricted. No person
shall sell, give, transfer, offer for sale or display
for sale any 50 caliber firearm or 50 caliber
cartridge except as authorized by paragraph (e)
of this Section.

(e) Exceptions.

(1) The provisions of Subsection (d) of this
Section shall not apply to:

(A) the sale or other transfer of a 50 caliber
firearm or 50 caliber cartridge which is prohib-
ited under state law, including, but not limited
to, the sale or transfer of any assault weapon as
defined in the California Penal Code;

(B) the sale or other transfer of a 50 caliber
firearm which is an antique firearm, as defined
in paragraph (16) of subsection (a) of Section 921
of Title 18 of the United States Code;

(C) the delivery of a 50 caliber firearm to a
licensed gunsmith, as defined in California Pe-
nal Code Section 1200 l(r), or to a person licensed
pursuant to California Penal Code Section 12071,
for purposes of service or repair, or to the return
of the firearm to its owner by the gunsmith or the
licensee following the completion of service or
repairs;

(D) the return of a 50 caliber firearm to its
owner by a person licensed pursuant to this
Article where the firearm was initially delivered
to the licensee for the purpose of a consignment
sale or as collateral for a pawnbroker loan; or

(E) the offer for sale or display in any peri-
odical, solicitation by mail or use of the internet
of a 50 caliber firearm or 50 caliber cartridge by
any person or entity where the seller or offeror is
located outside of the City and County of San
Francisco.

(F) the loan of an unloaded 50 caliber fire-
arm to a person for use solely as a prop in a
motion picture, television, video, theatrical or

other entertainment production or event, pro-
vided that such person is in compliance with
Section 12081 of the California Penal Code.

(2) The provisions of Subsection (d) of this
Section shall not apply to the sale or other
transfer of a 50 caliber firearm or 50 caliber
cartridge where the purchaser or transferee is
any of the following:

(A) A law enforcement agency;

(B) An agency duly authorized to perform
law enforcement duties;

(D) A federal law enforcement officer, pro-
vided such law enforcement officer is authorized
to acquire a 50 caliber firearm and/or 50 caliber
cartridges and does so while acting within the
course and scope of his or her employment:

(E) A person described in Sections 12302 or
12322(a) of the California Penal Code; provided
such person is authorized to acquire a 50 caliber
firearm and/or 50 caliber cartridges and does so
while acting within the course and scope of his or
her employment;

(F) A person who is properly identified as a
full-time paid peace officer as defined in Sections
830.1, 830.2, 830.4, or 830.5 of the California
Penal Code, provided such peace officer is autho-
rized to acquire a 50 caliber firearm and/or 50
caliber cartridge and does so while acting within
the course and scope of his or her employment;

(G) A firearms dealer who has been issued a
Federal Firearms License, and who is in compli-
ance with the requirements of Section 12071 of
the California Penal Code,

(H) A person or entity conducting a trans-
action described in subdivision (k) of Section
12078 of the California Penal Code:

(I) A person acquiring a 50 caliber firearm
or 50 caliber cartridge by bequest or intestate
succession, or otherwise by operation of law,
provided that such firearms or cartridges are
transferred to a law enforcement agency or to a
person licensed pursuant to California Penal
Code Section 12071 within 12 months from the
date that the person obtains title;

265

Miscellaneous Conduct Regulations

Sec. 613.10-2.

(J) A non-profit entity that is authorized to
destroy firearms, and which has agreed to de-
stroy the firearm being transferred;

(K) A federal, state, or local historical soci-
ety, museum, or institutional collection that is
open to the public; provided that the 50 caliber
firearm is used for display purposes, is unloaded,
and is secured from unauthorized uses.

(f) Penalties.

(1) Violation of this Section shall be punish-
able as a misdemeanor. In addition, in the case of
a violation of this section by a firearms dealer
licensed under this Article, each violation of this
Section shall constitute grounds for suspension
or revocation of the licensee's firearms dealer
license.

(2) Each transaction in violation of this
Section shall be deemed a distinct and separate
violation.

(g) Sunset Provision. If the State of Cali-
fornia enacts legislation prohibiting or restrict-
ing the sale or transfer of 50 caliber rifles, 50
caliber handguns, or 50 caliber cartridges cov-
ered by this section, the requirements of this
Section shall be suspended as of the date such
legislation goes into effect with respect to any
requirements of this Section that apply to the
firearms or cartridges prohibited or restricted by
state law. If the State of California subsequently
repeals any such legislation, the suspension shall
expire by operation of law and the previously
suspended provisions shall become operative.
(Added by Ord. 283-96, App. 7/13/96; amended
by Ord. 260-04, File No. 031932, App. 11/4/2004)
^Editor's Note:

The provisions of Ord. 283-96 took effect on Janu-
ary 1, 1997.

SEC. 613.10-2. SALE OF
ULTRACOMPACT FIREARMS
RESTRICTED.

(a) Findings. The Board of Supervisors finds
as follows:

(1) A number of other states have enacted
legislation to facilitate the issuance of licenses to
carry concealed firearms with the result that
firearms manufacturers have been designing and

marketing ultracompact handguns to respond to
the development of the market created by the
relaxation of concealed weapons laws in these
states.

(2) These ultracompact handguns are de-
signed to allow the complete concealment of the
weapon on the person.

(3) In contrast to those states that have
relaxed requirements for issuance of licenses to
carry concealed weapons, California has not done
so. Moreover, in San Francisco, permits to carry
concealed weapons are issued only in very lim-
ited circumstances. There are currently fewer
than ten individuals authorized by the City to
carry concealed weapons.

(4) Because concealed weapons permits are
rarely issued in San Francisco, any legitimate
market for concealable ultracompact handguns
is exceedingly small.

(5) Ultracompact handguns have no legiti-
mate hunting or sporting purpose, and are ill-
suited for use as a means to defend one's home or
property, since the short barrel length makes
them inherently inaccurate.

(6) A national study of weapons confiscated
by law enforcement agencies found that a sub-
stantial majority of the handguns confiscated
have a barrel length of less than three inches.

(7) A survey of incarcerated felons found
that easy concealment is very often an important
consideration in the selection of handguns that
are later used to commit crimes.

(8) A study of persons in California found
that persons whose applications for the purchase
of a handgun were denied based on prior crimi-
nal activity were more likely to attempt to pur-
chase small, highly concealable handguns than
are potential purchasers whose applications were
not denied.

(9) A study of handgun owners in one state
found that 67 percent of felons but just 30
percent of other handgun owners reported own-
ing a handgun with a barrel length of three
inches or less.

(10) Because there is evidence that crimi-
nals prefer smaller, more concealable handguns,
and since handguns are used in at least 80

Sec. 613.10-2.

San Francisco - Police Code

266

percent of all violent crimes involving firearms
in the United States, the public interest is not
served by allowing the unregulated sale of easily
concealable ultracompact handguns. The conceal-
ability of these weapons makes them a high
public security and safety risk when owned and
carried by individuals unlicensed to carry con-
cealed weapons, particularly in a high-density
urban area such as San Francisco.

(11) The dangers of ultracompact firearms
are further detailed in "Pocket Rockets — The
Gun Industry's Sale of Increased Killing Power,"
Violence Policy Center (2001).

(b) Purpose and Intent. The purpose and
intent of this Section is to protect the health,
safety, and general welfare of the citizens of the
City and County of San Francisco by reducing
the potential for death or injury to citizens and
law enforcement personnel attributable to ultra-
compact firearms. It is not the intent of this
Section to address the problem of handgun safety,
as addressed, for example, in Sections 12125
through 12133 of the California Penal Code, or to
otherwise regulate ultracompact firearms based
on consumer product safety considerations for
the person using the firearm.

(c) Sale of Ultracompact Firearms Re-
stricted. No person licensed pursuant to this
Article shall sell, lease or otherwise transfer any
ultracompact firearm except as authorized by
paragraph (d) of this Section. Nothing in this
section shall preclude any person licensed pur-
suant to this Article from processing firearms
transactions between unlicensed parties pursu-
ant to subdivision (d) of Section 12072 of the
Penal Code of the State of California.

(d) Exceptions. The requirements of this
Section shall not apply to the sale, lease or other
transfer of an ultracompact firearm in the fol-
lowing circumstances:

(1) To any law enforcement agency;

(2) To any agency duly authorized to per-
form law enforcement duties;

(3) To any state or local correctional facility;

(4) To a federal law enforcement officer,
provided such law enforcement officer is autho-
rized to acquire an ultracompact firearm and
does so while acting within the course and scope
of his or her employment;

(5) To a private security company licensed
to do business in the State of California;

(6) To a person described in Sections 12302
or 12322(a) of the California Penal Code, pro-
vided such person is authorized to acquire an
ultracompact firearm and does so while acting
within the course and scope of his or her employ-
ment;

(7) To any person who is properly identified
as a full-time paid peace officer, as defined in
Sections 830.1, 830.2, 830.4, or 830.5 of the
California Penal Code, provided such peace of-
ficer is authorized to acquire an ultracompact
firearm and does so while acting within the
course and scope of his or her employment.

(8) To the sale, lease or other transfer of any
antique firearm., as defined in paragraph (16) of
subsection (a) of Section 921 of Title 18 of the
United States Code.

(9) To the loan of an ultracompact firearm
to a person for use solely as a prop in a motion
picture, television, or video, theatrical or other
entertainment production or event, provided that
such person is in compliance with Section 12081
of the California Penal Code;

(10) To any person or entity conducting a
transaction that is exempt from the provisions of
subdivision (d) of Section 12072 of the California
Penal Code;

(11) To any person or entity conducting a
transaction described in subdivision (k) of Sec-
tion 12078 of the California Penal Code;

(12) To a firearms dealer who has been
issued a Federal Firearms License, and who is in
compliance with the requirements of Section
12071 of the California Penal Code;

(13) To any person or entity acquiring an
ultracompact firearm by bequest, intestate suc-
cession or otherwise by operation of law;

267

Miscellaneous Conduct Regulations

Sec. 613.10-3.

(14) To a non-profit entity that is autho-
rized to destroy firearms, and which has agreed
to destroy the firearm being transferred

(15) To a federal, state, or local historical
society, museum, or institutional collection that
is open to the public, provided that the ultracom-
pact firearm is used for display purposes, is
unloaded, and is secured from unauthorized use;

(16) To the delivery of an ultracompact fire-
arm to a licensed gunsmith, as defined in Cali-
fornia Penal Code Section 1200 l(r), or to a per-
son licensed pursuant to California Penal Code
Section 12071, for purposes of service or repair,
or to the return of the firearm to its owner by the
gunsmith or by licensee following the completion
of service or repairs;

(17) To the return of an ultracompact fire-
arm to its owner by a person licensed pursuant to
this Article where the firearm was initially de-
livered to the licensee for the purpose of a
consignment sale or as collateral for a pawnbro-
ker loan.

(e) Penalties.

(1) Violation of this section shall be punish-
able as a misdemeanor. In addition, each viola-
tion of this Section shall constitute grounds for
suspension or revocation of the licensee's fire-
arms dealer license under this Article.

(2) Each transaction in violation of this
Section shall be deemed a distinct and separate
violation. (Added by Ord. 62-00, File No. 000197,
App. 4/14/2000; amended by Ord. 260-04, File
No. 031932, App. 11/4/2004)

SEC. 613.10-3. PERSONS PROHIBITED
FROM PURCHASING FIREARMS NOT
PERMITTED ON LICENSEES' PREMISES.

(a) No person who is prohibited from pos-
sessing or purchasing firearms pursuant to Cali-
fornia Penal Code Sections 12021 or 12021.1 or
Subsections (a), (b), (c) or (d) of California Wel-
fare and Institutions Code Sections 8103 shall
enter into any place of business that is licensed
pursuant to this Article to engage in the business
of selling, leasing or otherwise transferring fire-

arms and which displays the notices required by
Section 613.10(k), except in accordance with para-
graph (c) of this Section.

(b) (1) No person licensed pursuant to this
Article to sell, lease or otherwise transfer fire-
arms shall permit the entry onto the premises
that are the subject of the license by any person
who the licensee knows or has reason to know is
prohibited from possessing or purchasing fire-
arms pursuant to California Penal Code Sections
12021 or 12021.1, or Subsections (a), (b), (c) or
(d), of California Welfare and Institutions Code
Section 8103, except in accordance with para-
graph (c) of this Section.

(2) No person licensed pursuant to this Ar-
ticle to sell, lease or otherwise transfer firearms
shall permit the entry onto the premises that are
the subject of the license by any person under 18
years of age except in accordance with paragraph
(c) of this section. No person licensed pursuant to
this Article to sell, lease or otherwise transfer
firearms and who keeps or displays for sale,
lease or other transfer firearms capable of being
concealed on the person shall permit the entry
onto the premises that are the subject of the
license by any person under 21 years of age,
except in accordance with paragraph (c) of this
section.

(3) The licensee and any of his or her agents,
employees or other persons acting under the
licensee's authority shall be responsible for re-
quiring clear evidence of age and identity of
persons to prevent the entry of persons not
permitted to purchase a firearm under state law
by reason of age. Clear evidence of age and
identity includes, but is not limited to, a motor
vehicle operator's license, a State identification
card, an armed forces identification card, or an
employment identification card which contains
the bearer's signature, photograph, and age, or
any similar documentation which provides rea-
sonable assurance of the identity and age of the
individual.

(1) It shall not be a violation of this section
for any person who is otherwise prohibited pur-
suant to subsection (a) from entering or being

Sec. 613.10-3.

San Francisco - Police Code

268

present on the premises to enter or be present on
the premises if the firearms and related accesso-
ries (including, but not limited to, ammunition,
ammunition clips and holsters) are kept or dis-
played within a separate room or enclosure that
separates such firearms and related accessories
from other merchandise, and such persons are
excluded from the separate room or enclosure.

(2) It shall not be a violation of this section
for any person who the licensee is otherwise
required to keep from entering or being present
on the premises pursuant to subsection (b) to
enter or be present on the premises if the fire-
arms and related accessories (including, but not
limited to ammunition, ammunition clips and
holsters) are kept or displayed within a separate
room or enclosure that separates such firearms
and related accessories from other merchandise,
and such persons are excluded from the separate
room or enclosure. Where a licensee keeps or
displays weapons capable of being concealed on
the person in a separate roam or enclosure that
separates such firearms and related accessories,
including, but not limited to, ammunition, am-
munition clips and holsters) from other merchan-
dise (including other firearms), it shall not be a
violation of this section for persons at least 18
years old but less than 21 years old to enter or be
present on the premises if such persons are
excluded from the separate room or enclosure
containing firearms capable of being concealed
on the person.

(d) Penalty for violation.

(1) Any person who is prohibited from pos-
sessing or purchasing firearms pursuant to Cali-
fornia Penal Code Sections 12021 or 12021.1 or
Subsections (a), (b), (c) or (d) of California Wel-
fare and Institutions Code Section 8103 and who
knowingly enters into any place of business that
is licensed pursuant to this Article to engage in
the business of selling, leasing or otherwise
transferring firearms in violation of subsection
(a) shall be guilty of a misdemeanor.

(2) Any licensee or other person acting un-
der the authority of a licensee, including, but not
limited to, employees or agents of a licensee, who
knowingly allows a person to enter the licensee's

premises in violation of this section shall be
guilty of a misdemeanor. (Added by Ord. 242-00,
File No. 000950, App. 10/27/2000; amended by
Ord. 260-04, File No. 031932, App. 11/4/2004)

SEC. 613.11. LICENSE— GROUNDS FOR
REVOCATION.

In addition to any other provisions of this
Article, any circumstances constituting grounds
for denial of a license shall also constitute grounds
for revocation of a license. (Added by Ord. 91-94,
App. 2/25/94)

SEC. 613.12. HEARING ON LICENSE
DENIAL OR REVOCATION.

(a) Any person whose application for a li-
cense under this Article has been denied, or
whose license has been revoked pursuant to the
provisions of this Article, shall have the right to
a hearing before the Chief of Police or his or her
designee prior to final denial or prior to revoca-
tion.

(b) The Chief of Police shall give the appli-
cant or licensee written notice of the intent to
deny the application or to revoke the license. The
notice shall set forth the ground or grounds for
the Chief of Police's intent to deny the applica-
tion or to revoke the license, and shall inform the
applicant or licensee that he or she has 10 days
from the date of mailing of the notice to file a
written request for a hearing. The application
may be denied or the license revoked if a written
hearing request is not received within the 10-day
period.

(c) If the applicant or licensee files a timely
hearing request, the Chief of Police shall set a
time and place for the hearing. All parties in-
volved shall have the right to (1) offer testimo-
nial, documentary and tangible evidence bearing
on the issues; (2) be represented by counsel; and
(3) confront and cross examine any witnesses
against them. If the hearing is before a designee
of the Chief of Police, the designee shall make a
written recommendation following the hearing
regarding whether an application should be de-
nied or a license revoked. The decision of the
Chief of Police whether to deny the application or
revoke the license shall be appealable to the

269

Miscellaneous Conduct Regulations

Sec. 613.16.

Board of Appeals, at which proceeding the Chief
shall have the burden of proof to justify his
decision. (Added by Ord. 91-94, App. 2/25/94;
amended by Ord. 260-04, File No. 031932, App.
11/4/2004)

SEC. 613.13. LICENSE— LIABILITY
INSURANCE.

No license shall be issued or reissued pursu-
ant to this Article unless there is in full force and
effect a policy of insurance in such form as the
City Attorney and the City's Risk Manager deem
proper, executed by an insurance company ap-
proved by the City's Risk Manager, whereby the
applicant or licensee is insured against liability
for damage to property and for injury to or death
of any person as a result of the sale, transfer or
lease, or advertising for sale, transfer or lease, or
offering or exposing for sale, transfer or lease, of
any firearm, firearm ammunition or firearm
ammunition component. The minimum liability
limits shall not be less than $1,000,000 for dam-
age to or destruction of property in any one
incident, and $1,000,000 for the death or injury
to any one person; provided, however, that addi-
tional amounts may be required by the City
Attorney or City's Risk Manager if deemed nec-
essary to protect the interests of the City and its
residents.

Such policy of insurance shall contain an
endorsement providing that the policy will not be
canceled until notice in writing has been given to
the City, address in care of the Chief of Police,
850 Bryant Street, San Francisco, California,
94103, at 30 days immediately prior to the time
such cancellation becomes effective. Further, such
policy of insurance shall name the City, its offi-
cers, agents, and employees as additional in-
sureds.

In addition, applicants and licensees shall
agree in writing that they shall indemnity, de-
fend, and hold harmless the City, its officers,
agents, and employees, from claims arising out
of the negligence or the intentional or wilful
misconduct of the applicant or licensee. (Added
by Ord. 91-94, App. 2/25/94)

SEC. 613.14. LICENSE— AUTHORITY TO
INSPECT.

Any and all investigating officials of the City
shall have the right to enter the building desig-
nated in the license from time to time during
regular business hours to make reasonable in-
spections and to observe and enforce compliance
with building, mechanical, fire, electrical, plumb-
ing, or health regulations, and provisions of this
Article. A police investigator may conduct com-
pliance inspections to insure conformance with
all federal, state, and local laws, and all provi-
sions of this Article. (Added by Ord. 91-94, App.
2/25/94)

SEC. 613.15. COMPLIANCE BY
EXISTING DEALERS.

Any person engaging in the business of sell-
ing, transferring, or leasing, or advertising for
sale, transfer, or lease, or offering or exposing for
sale, transfer, or lease, any firearm, firearm
ammunition, or firearm ammunition component
on the effective date of this Article, or any
amendments thereto, shall have a period of 60
days after such effective date to comply with the
provisions of this Article, or any amendments
thereto.

In addition, any person who possesses as of
February 1, 1994, a permit or license issued by
the San Francisco Police Department to engage
in the business of selling, transferring, or leas-
ing, or advertising for sale, transfer, or lease, or
offering or exposing for sale, transfer, or lease,
any firearm, firearm ammunition, or firearm
ammunition component, shall not be required to
comply with the requirements of Section
613.3(i)(l), (2) and (3) of this Article. (Added by
Ord. 91-94, App. 2/25/94)

SEC. 613.16. TEMPORARY SUSPENSION
OF LICENSE.

(a) If the Chief of Police has reason to
believe that a licensee has (1) violated any fed-
eral, state or local law relating to the sale, lease,
transfer, use or possession of firearms, firearm
ammunition or firearms ammunition compo-
nents, or (2) has committed any of the offenses
set forth in Section 613.3(e), the Chief of Police

Sec. 613.16.

San Francisco - Police Code

270

may immediately suspend for a period not to
exceed three days the right of the licensee to sell,
lease or otherwise transfer firearms, firearm
ammunition or firearm ammunition compo-
nents.

However, if the licensee is charged by a
federal, state, or local prosecuting attorney with
a violation of any such law the Chief of Police
may suspend such license until the charges are
dismissed or the licensee is found not guilty in a
court of law. If the Chief of Police suspends a
license pursuant to this provision, the licensee
shall be provided an opportunity to present evi-
dence to the Chief or his or her designee that the
pending charges are without legal merit. The
Chiefs decision regarding whether to suspend a
license pending the outcome of such charges
shall be appealable to the Board of Appeals, at
which proceeding the Chief shall have the bur-
den of proof to justify his decision.

(b) Notice of suspension shall be mailed to
the person(s) who applied for the license and
shall be delivered to the address listed on the
license. (Added by Ord. 91-94, App. 2/25/94;
amended by Ord. 260-04, File No. 031932, App.
11/4/2004)

SEC. 613.17. DELIVERY TO TAX
COLLECTOR.

Upon granting said license, the Police Depart-
ment shall forward said license to the Tax Col-
lector who shall issue said license to the appli-
cant upon payment of the license fee, payable in
advance. (Amended by Ord. 555-81, App. 11/12/
81; Ord. 91-94, App. 2/25/94)

SEC. 613.18. RULES AND
REGULATIONS.

The Chief of Police is hereby authorized to
promulgate such rules and regulations after no-
ticed hearing as will enable the Police Depart-
ment to effectuate the purposes of this ordi-
nance. Failure to comply with such rules and
regulations, or with any other requirements im-
posed by this ordinance, shall constitute grounds
for revocation of licenses issued hereunder. (Added
by Ord. 407-86, App. 10/3/86; amended by Ord.
91-94, App. 2/25/94)

SEC. 613.19. PENALTIES.

Any person violating any provision of this
Article shall be guilty of a misdemeanor or an
infraction unless a penalty is otherwise speci-
fied. 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 more than $100 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 $1,000 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 Section, if the defendant has been previ-
ously convicted of a violation of this Section, each
such previous violation and conviction shall be
charged in the accusatory pleading. Any person
violating any provision of this Section a second
or subsequent time within a 10-year period shall
be guilty of a misdemeanor and shall be pun-
ished by a fine of not less than $500 and not more
than $1,000 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. 91-94, App.
2/25/94; amended by Ord. 260-04, File No. 031932,
App. 11/4/2004)

SEC. 613.20. SEVERABILITY.

If any section, subsection, paragraph, sen-
tence or word of this Article is deemed to be
invalid or beyond the authority of the City and
County of San Francisco, either on its face or as
applied, the invalidity of such provision shall not
affect the other sections, subsections, para-
graphs, sentences, or words of this Article, and
the application thereof; and to that end the
section, subsections, paragraphs, sentences and
words of this Article shall be deemed severable.
(Added by Ord. 91-94, App. 2/25/94)

SEC. 614. EXCEPTIONS.

Sections 613 to 613.20 inclusive, of this Ar-
ticle, shall not apply to wholesale dealers in their

271

Miscellaneous Conduct Regulations

Sec. 615.

business intercourse with retail dealers, nor to
wholesale or retail dealers in the regular or
ordinary transport of unloaded firearms as mer-
chandise to other wholesale or retail dealers by
mail, express or other mode of shipment to points
outside the City and County of San Francisco.
(Amended by Ord. 407-86, App. 10/3/86; Ord.
260-04, File No. 031932, App. 11/4/2004)

SEC. 615. RECORDS OF AMMUNITION
SALES.

(a) Definitions.

(1) "Firearm ammunition," as used in this
Section, shall include any ammunition for use in
any pistol or revolver, or semiautomatic rifle or
assault weapon, but shall not include ammuni-
tion for shotguns that contains shot that is No. 4
or smaller.

(2) "Semiautomatic rifle," as used in this
Section, shall mean any repeating rifle which
utilizes a portion of the energy of a firing car-
tridge to extract the fired cartridge case and
chamber the next round, and which requires a
separate pull of the trigger to fire each cartridge.

(3) "Assault weapon," as used in this Sec-
tion, shall mean any of the weapons designated
in California Penal Code Section 12276 or 12276.1.

(4) "Vendor," as used in this Section, shall
mean any person who is engaged in the sale of
firearm ammunition, including any retail fire-
arms dealer.

(b) No vendor shall sell or otherwise trans-
fer ownership of any firearm ammunition with-
out at the time of purchase recording the follow-
ing information on a form to be prescribed by the
Chief of Police: (1) the name of the vendor
(including the name of the specific individual)
transferring ownership to the transferee; (2) the
place where the transfer occurred; (3) the date
and time of the transfer; (4) the name, address
and date of birth of the transferee; (5) the
transferee's driver's license number, or other
identification number, and the state in which it
was issued; (6) the brand, type and amount of
ammunition transferred; and (7) the transferee's
signature.

(c) The records required by this Section
shall be maintained on the premises of the
vendor for a period of not less than two years
from the date of the recorded transfer. Said
records shall be subject to inspection at any time
during normal business hours.

(d) No person shall knowingly make a false
entry in, or fail to make a required entry in, or
fail to maintain in the required manner records
prepared in accordance herewith. No person shall
refuse to permit a police department employee to
examine any record prepared in accordance with
this Section during any inspection conducted
pursuant to this Section.

(e) Penalties.

( 1) First Conviction. Any person violating
any provision of this Section shall be guilty of an
infraction. Upon conviction of the infraction, the
violator shall be punished by a fine of not less
than $50 nor more than $100.

(2) Subsequent Convictions. In any accu-
satory pleading charging a violation of this Sec-
tion, if the defendant has been previously con-
victed of a violation of this Section, each such
previous violation and conviction shall be charged
in the accusatory pleading. Any person violating
any provision of this Section a second time within
a 90-day period shall be guilty of a misdemeanor
and shall be punished by a fine of not less than
$300 and not more than $400 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 Section, a third
time, and each subsequent time, within a 30-day
period shall be guilty of a misdemeanor and shall
be punished by a fine of not less than $400 and
not more than $500 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.

Supp. No. 10, July/August 2007

Sec. 615.

San Francisco - Police Code

272

portions of this Section or any part thereof. The
Board of Supervisors hereby declares that it
would have adopted this Section notwithstand-
ing the unconstitutionality, invalidity, or ineffec-
tiveness of any one or more of its subsections,
sentences, clauses, phrases, or words. (Formerly
Sec. 618; added by Ord. 328-95, App. 10/20/95;
renumbered and amended by Ord. 260-04, File
No. 031932, App. 11/4/2004) (Former Sec. 615
amended by Ord. 407-86, App. 10/3/86; repealed
by Ord. 260-04)

SEC. 616. REPORTING THE LOSS OR
THEFT OF FIREARMS.

(a) Any person that owns or is otherwise in
possession of a firearm shall report the theft or
loss of such firearm to the San Francisco Police
Department within 48 hours of becoming aware
of the theft or loss whenever (1) the owner
resides in San Francisco, or (2) the theft or loss of
the firearm occurs in San Francisco.

(b) The failure of an owner or person in
possession of a firearm to report the theft or loss
of the firearms within 48 hours of when the
owner or person in possession becomes aware or
should have become aware of the theft or loss
shall be punishable in accordance with Section
613.19. (Added by Ord. 260-04, File No. 031932,
App. 11/4/2004) (Former Sec. 616 added by Ord.
1.075, App. 10/11/38; repealed by Ord. 260-04)

SEC. 617. PROHIBITION AGAINST
POSSESSION OR SALE OF FIREARMS
OR AMMUNITION ON PROPERTY
CONTROLLED BY THE CITY AND
COUNTY OF SAN FRANCISCO.
A. Legislative Findings.

(1) The national and statewide statistical
information available from numerous sources
overwhelmingly demonstrates that the incidence
of gunshot fatalities and injuries has reached
alarming and thus, unacceptable proportions;
and

(2) Government at all levels has a substan-
tial interest in protecting the people from those
who acquire guns illegally and use them to
commit crimes resulting in injury or death of
their victims; and

(3) Recent events throughout the City and
County have generated additional fears of ran-
dom usage of guns to commit violence on unsus-
pecting residents, children and adults alike; and

(4) The Board of Supervisors finds that
crimes and injuries committed with the use of a
firearm are prevalent in San Francisco, with
local statistics showing an increase in homicides
by use of a gun increasing from 39 gun homicides
out of 63 total homicides in 2001, which is a 63
percent increase, to 68 gun homicides out of 85
total homicides in 2006, which is an 80 percent
increase. Local statistics also show that San
Francisco Police Department has seized 1,158
guns in 2005, and 1,104 guns in 2006. In 2007,
there have already been 25 gun homicides.

(5) In the City and County of San Francisco,
the number of nonfatal injuries from guns has
steadily increased. While, in 2001, 81 patients
were admitted to SF General Trauma Center for
serious injuries resulting from gun shots, the
number of patients admitted for serious injuries
rose to 228 by 2006. Similarly, the total number
of shootings that resulted in nonfatal injuries
documented by SFPD was 269 in 2005, 303 in
2006, and in 2007 this number has already
reached 105 by May 10; and

(6) Gun crimes in and around schools and
on buses carrying students to and from school
have become increasingly common; and

(7) In 2003 and 2004, 52 percent of the
City's gun violence victims were under the age of
25.

(8) Homicides committed with handguns are
the leading cause of firearms related injuries
and death in California; and

(9) The widespread availability of illegally
obtained firearms has resulted in a significant
rise in the number of shooting incidents across
the County; and

(10) The Board of Supervisors has author-
ity over the management and control of City and
County property, and it may regulate, by ordi-
nance, the manner in which the property of the
City and County is accessed and used by mem-
bers of the public; and

Supp. No. 10, July/August 2007

272.1

Miscellaneous Conduct Regulations

Sec. 617.

(11) Prohibiting the possession or sale of
firearms and/or ammunition on City and County
property will promote the public health and
safety by contributing to the reduction in the
presence of firearms and the potential for gun-
shot fatalities and injuries in the county. It will
increase the confidence of members of the public
that they are not at risk of injury from firearms
when they seek to use the property and facilities
of the City and County. In particular, this Board
of Supervisors finds that an enormous number of
the general public utilizes the parks, play-
grounds and squares of San Francisco. This
Board finds that prohibiting the possession or
sale of firearms and ammunition on City and
County property will help to ensure the safety of
the general public and specifically children who
are among the most vulnerable in our society;
and

(12) The California Supreme Court has ruled
that State Law does not preempt local laws
banning the possession and sale of firearms and
ammunition on their property. In Nordyke v.
King (2002) 27 Cal.4th 875, the Supreme Court
upheld an Alameda County ordinance banning
the possession of firearms and ammunition on
county owned property and in Great Western v.
County of Los Angeles (2002) 27 Cal.4th 853, the
Supreme Court upheld a Los Angeles County
Ordinance prohibiting all sales of firearms and
ammunition on county property. These rulings
uphold the legal ability of the Board of Supervi-
sors to ban the possession and sale of firearms
and ammunition on City and County property.

B. Legislative Intent. With passage of this
ordinance, the City and County seeks to ensure
that its property and facilities are used in a
manner consistent with promoting the health,
safety and welfare of all of its residents.

C. Definitions.

(1) City and County Property.

(a) As used in this section, the term "City
property" means real property, including any
buildings thereon, owned or leased by the City
and County of San Francisco (hereinafter "City"),
and in the City's possession or in the possession
of a public or private entity under contract with

the City to perform a public purpose including
but not limited to the following property: recre-
ational and park property including but not
limited to Golden Gate Park, the San Francisco
zoo, Hilltop Park and San Francisco's parks and
playgrounds, plazas including but not limited to
United Nations Plaza and Hallidie Plaza, com-
munity centers such as Ella Hill Hutch Commu-
nity Center, and property of the Department of
Recreations and Parks, the Port, and the Public
Utilities Commission.

The term "City property" does not
include any "local public building" as
defined in Penal Code Section 171b(c),
where the state regulates possession
of firearms pursuant to Penal Code
Section 171b.

The term "City property" also does not
include the public right-of-way owned
by the City and County of San Fran-
cisco including any area across, along,
on, over, upon, and within the dedi-
cated public alleys, boulevards, courts,
lanes, roads, sidewalks, streets, and
ways within the City or any property
owned by the City that is outside the
territorial limits of the City and County
of San Francisco.

(2) Firearms. As used in this section the
term "firearm" is any gun, pistol, revolver, rifle
or any device, designed or modified to be used as
a weapon, from which is expelled through a
barrel a projectile by the force of an explosion or
other form of combustion. "Firearm" does not
include imitation firearms or BB guns and air
rifles as defined in Government Code Section
53071.5.

(3) Ammunition. "Ammunition" is any am-
munition as defined in California Penal Code
Section 12316(b)(2).

C. Possession or Sale of Firearms or
Ammunition on County Property Prohib-
ited. No person shall:

(1) Bring onto or possess on county property
a firearm, loaded or unloaded, or ammunition for
a firearm.

Supp. No. 10, July/August 2007

Sec. 617.

San Francisco - Police Code

272.2

(2) Sell on county property a firearm, loaded
or unloaded, or ammunition for a firearm.

D. Exceptions, Ban on Possession. Sec-
tion C.(l) above shall not apply to the following:

(1) A peace officer, retired peace officer or
person assisting a peace officer when authorized
to carry a concealed weapon under Penal Code
Section 12027(a) or a loaded firearm under Penal
Code Section 12031(b)(1) and under 18 U.S.C.
926B or 926C.

(2) Members of the armed forces when on
duty or other organizations when authorized to
carry a concealed weapon under Penal Code
Section 12027(c) or a loaded firearm under Penal
Code Section 12031(b)(4).

(3) Military or civil organizations carrying
unloaded weapons while parading or when going
to and from their organizational meetings when
authorized to carry a concealed weapon under
Penal Code Section 12027(d).

(4) Guards or messengers of common carri-
ers, banks and other financial institutions when
authorized to carry a concealed weapon under
Penal Code Section 12027(e) and armored ve-
hicle guards when authorized to carry a loaded
weapon under Penal Code Section 12031(b)(7).

(5) Persons who are at a target range.

(6) Honorably retired Federal officers or
agents of Federal law enforcement agencies when
authorized to carry a concealed weapon under
Penal Code Section 12027(i) or a loaded weapon
under Penal Code Section 12031(b)(8).

(7) The public administrator in the distri-
bution of a private estate or to the sale of
firearms by its auctioneer to fulfill its obligation
under State Law.

(8) Patrol special police officers, animal con-
trol officers or zookeepers, and harbor police
officers, when authorized to carry a loaded fire-
arm under Penal Code Section 12031(c).

(9) A guard or messenger of a common car-
rier, bank or other financial institution; a guard
of a contract carrier operating an armored ve-
hicle; a licensed private investigator, patrol op-
erator or alarm company operator; a uniformed
security guard or night watch person employed

by a public agency; a uniformed security guard
or uniformed alarm agent; a uniformed employee
of private patrol operator or private investigator
when any of the above are authorized to carry a
loaded firearm under Penal Code Section 12031(d).

(10) Any authorized participant in a motion
picture, television or video production or enter-
tainment event when the participant lawfully
uses a firearm as part of that production or
event.

E. Exception, Ban on Sale. Section C.(2)
above shall not apply to the following:

(1) Purchase or sale of a firearm or ammu-
nition for a firearm by a federal, state or local
law enforcement agency or by any other Federal,
State or local governmental entity.

(2) The public administrator in the distri-
bution of a private estate or to the sale of
firearms by its auctioneer to fulfill its obligation
under state law.

(3) Sale of ammunition at a target range for
use at the target range.

F. Penalty for Violation. Any person who
violates any of the provisions of this Section
617(c) shall be deemed guilty of a misdemeanor
and upon conviction shall be punished by a fine
not to exceed $1,000.00 or by imprisonment in
the county jail not to exceed six months, or by
both.

G. Severability. If any provision, clause or
word of this Section or the application thereof to
any person or circumstance is held invalid, such
invalidity shall not affect any other provision,
clause, word or application of this Section which
can be given effect without the invalid provision,
clause or word, and to this end the provisions of
this chapter are declared to be severable. (Added
by Ord. 194-07, File No. 070682, App. 8/1/2007)

SEC. 622. REGULATIONS TO BE
OBSERVED AT FIRES.

It shall be the duty of the police officers, at
the time of any fire, to place ropes and guard
lines across all public streets on which any
burning buildings or premises are situated and
at such points as they may be deemed necessary.
(Added by Ord. 1.075, App. 10/11/38)

Supp. No. 10, July/August 2007

272.3

Miscellaneous Conduct Regulations

Sec. 630.

SEC. 623. PUBLIC TO REMAIN
OUTSIDE LINES.

It shall be unlawful for any person except
owners and occupants, and their employees, of
buildings endangered by fire, and officers and
members of the Fire Department and Police
Department, and persons having permits from
the Fire Commissioners or Police Commission-
ers, to pass within such lines or to remain within
such lines when ordered outside thereof by any
Police Officer. (Added by Ord. 1.075, App. 10/11/
38)

Amendment to the United State Constitution
and Article I, Section 2 of the California Consti-
tution, and the public's right to express and
exchange diverse ideas and opinions.

(3) The Board further finds that the unau-
thorized removal of newspapers from newsracks,
storefronts, residential properties, bundle drop
locations and other locations where newspapers

SEC. 628. COERCION OF LABORERS
FOR POLITICAL PURPOSES
PROHIBITED.

No officer, board or commission, authorized
by law to appoint subordinates or to engage the
services of laborers, shall solicit or demand of
such subordinates or laborers that they vote for
or against any candidate for any elective office;
or procure, engage, or endeavor to procure from
such subordinate or laborer any sum of money or
contribution to be used for the election or defeat
of any candidate for any elective office; and any
officer, or member of any board or commission,
who demands such contribution and any subor-
dinate or laborer who pays any such contribu-
tion, shall be guilty of a misdemeanor, and, upon
conviction thereof, shall forfeit his office or posi-
tion. (Added by Ord. 1.075, App. 10/11/38)

SEC. 630. UNAUTHORIZED REMOVAL
OF NEWSPAPERS PROHIBITED.

(a) Findings.

(1) The Board of Supervisors of the City and
County of San Francisco finds that the unautho-
rized removal of newspapers before they reach
their intended reading public, including the un-
authorized removal of newspapers circulated to
the public free of charge, injures the people of the
City and County by depriving them of informa-
tive printed news, entertainment, and public
notices.

(2) The Board further finds that the unau-
thorized removal of newspapers infringes on the
right of the public to a free press under the First

Supp. No. 10, July/August 2007

[INTENTIONALLY LEFT BLANK]

Supp. No. 10, July/August 2007

273

Miscellaneous Conduct Regulations

Sec. 630.

are delivered in mass for public consumption,
has become a substantial problem in the City
and County of San Francisco.

(4) The Board further finds that persons
taking newspapers from these locations are often
selling them to recyclers, and are thus appropri-
ating the newspapers for monetary gain.

(b) Definitions.

(1) Newspapers. For purposes of this Sec-
tion, "newspapers" shall mean any publication
made available to the public on a periodic basis
(whether daily, weekly, monthly or quarterly),
regardless of whether a fee is charged for the
publication.

(2) Newsracks. For purposes of this Sec-
tion, "newsracks" shall mean any self-service or
coin-operated box, container, storage unit, or
other dispenser installed, used, or maintained
for the display and sale of newspapers.

(3) Residential Property. For purposes of
this Section, "residential property" shall mean
any property attached or adjacent to a single-
family residence, apartment or other building
used as a residential dwelling where a person
would reasonably expect newspapers to be placed
for the use of individuals residing in the build-
ing. Such property includes, but is not limited to,
any front yard, driveway, or mailbox associated
with such dwelling.

(4) Storefront. For purposes of this Sec-
tion, "storefront" shall mean any property at-
tached or adjacent to a business, including but
not limited to grocery or convenience stores,
where a person would reasonably expect news-
papers to be placed for the use of the business.

(5) Bundles. For purposes of this Section,
"bundles" shall mean a quantity of newspapers
gathered or bound together by a publisher or
distributor for the purpose of distribution to its
intended audience.

(6) Bundle Drop Locations. For purposes
of this Section, "bundle drop locations" shall
mean places where bundles are placed in mass
for distribution by authorized delivery persons.

(1) It shall be unlawful for any person to
remove, take, or appropriate more than one copy
of a newspaper from any newsrack or bundle
drop location for the purpose of (i) selling such
newspaper to any recycler; (ii) selling, trading, or
bartering such newspaper to anyone for any
payment; or (iii) depriving others of the opportu-
nity to read or enjoy such newspaper. This pro-
hibition shall not apply to an authorized repre-
sentative of the owner or operator of any newsrack,
or any publisher, authorized printer or autho-
rized distributor of newspapers.

(2) It shall be unlawful for any person,
other than a business owner or the owner's
authorized agent, to remove, take, or appropri-
ate more than one copy of a newspaper from any
storefront for the purpose of (i) selling such
newspaper to any recycler; (ii) selling, trading, or
bartering such newspaper to anyone for any
payment; or (iii) depriving others of the opportu-
nity to read or enjoy such newspaper.

(3) It shall be unlawful for any person to
remove, take, or appropriate from any residen-
tial property more than one copy of a newspaper
for the purpose of (i) selling such newspaper to
any recycler; (ii) selling, trading, or bartering
such newspaper to anyone for any payment; or
(iii) depriving others of the opportunity to read or
enjoy such newspaper. This prohibition shall not
apply to the owner of such residential property, a
person residing at such property, or the autho-
rized representative of the owner of or person
residing at such property.

(4) It shall be unlawful for a recycler or any
other person or entity to purchase more than one
copy of any newspaper, or to obtain more than
one copy of any newspaper or other publication
through trade or barter, from any person ("seller")
under circumstances sufficient to give a reason-
able person knowledge that the seller has re-
moved, taken, or appropriated such newspapers
before they reached their intended reading pub-
lic. Circumstances sufficient to give a reasonable
person such knowledge include, but are not lim-
ited to, being offered for purchase, trade or
barter a bundle or bundles of multiple copies of

Sec. 630.

San Francisco - Police Code

274

the same edition of a newspaper by any person
other than a publisher, printer, distributor or
retail seller of such newspaper, or an authorized
representative of such a publisher, printer, dis-
tributor or retail seller.

(d) Record Keeping. Any recycler or other
person or entity purchasing newspapers in quan-
tities of greater than 100 pounds per transaction,
shall be required to record the following informa-
tion for each such transaction: the seller's name,
address, phone number, valid driver's license
number, automobile license plate number, amount
of newspapers, and amount paid per transaction.
Any recycler or other person required to keep
records pursuant to this Section shall maintain
such records and make them available for inspec-
tion for at least one year.

(e) Penalties. Any person or entity violat-
ing any provision of this Section shall be guilty of
a misdemeanor or an infraction. The complaint
charging such violation shall specify whether, in
the discretion of the District Attorney, the viola-
tion is a misdemeanor or infraction. If charged as
an infraction, upon conviction, the violator shall
be punished by a fine of not less than $50 or more
than $100, and/or community service, for each
provision violated. If charged as a misdemeanor,
upon conviction, the violator shall be punished
by a fine of not less than $100 or more than $500,
and/or community service, 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 accu-
satory pleading charging a violation of this Sec-
tion, if the defendant previously has been con-
victed of a violation of this Section, each such
previous violation and conviction shall be charged
in the accusatory pleading. Any person or entity
violating any provision of this Section a second
time within a ninety-day period shall be guilty of
a misdemeanor and shall be punished by a fine of
not less than $200 and not more than $500,
and/or community service, 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 or
entity violating any provision of this Section a
third time, and each subsequent time, within a

ninety-day period shall be guilty of a misde-
meanor and shall be punished by a fine of not
less than $300 and not more than $500, and/or
community service, 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.

(f) Severability. If any subsection, sen-
tence, clause, phrase, or word of this Section be
for any reason declared unconstitutional or in-
valid or ineffective by any court of competent
jurisdiction, such decision shall not affect the
validity or the effectiveness of the remaining
portions of this Section or any part thereof. The
Board hereby declares that it would have adopted
this Section notwithstanding the unconstitution-
ality, invalidity, or ineffectiveness of any one or
more of its subsections, sentences, clauses,
phrases, or words. (Added by Ord. 99-96, App.
3/6/96)

SEC. 633. REQUIRING DAMAGED
TRAFFIC STANDARDS TO BE
REPORTED TO CHIEF OF POLICE.

It shall be the duty of the driver of any
vehicle involved in an accident resulting in dam-
age to any traffic standard, sign or signal, pole,
fire alarm box, police telephone signal box, or
hydrant belonging to the City and County of San
Francisco, to notify, within 24 hours thereafter,
the Chief of Police of the City and County of San
Francisco of the name of the owner and driver of
said vehicle, their address, registration number
of said vehicle and the location of the property so
damaged. (Added by Ord. 1.075, App. 10/11/38)

SEC. 635. CITY AND COUNTY
BUILDINGS AND GROUNDS;
VIOLATIONS OF RULES AND
REGULATIONS RELATING THERETO
PROHIBITED.

No person shall violate or attempt to violate
any rule or regulation prescribed by the appro-
priate officer, board or commission of the City
and County for the administration and protec-
tion of any public building or grounds of said City
and County under the control and jurisdiction of
said officer, board or commission, provided that a

275

Miscellaneous Conduct Regulations

Sec. 639.

copy of said rule or regulation is posted in a
conspicuous place in the public building or grounds
to which said rule or regulation applies. (Added
by Ord. 79-72, App. 4/3/72)

SEC. 636. SECURITY REQUIREMENTS
NEW CONSTRUCTION.

Security requirements for new construction
Group R-l occupancies entry doors, locks, secu-
rity glazing, testing and approval, shall be in
accordance with the provisions of Sections 4101
through 4105 of the Building Code. Room keys or
other opening devices shall be free of hotel name
or address identification. (Amended by Ord. 537-
85, App. 12/4/85)

SEC. 636.1. SECURITY REQUIREMENTS
GROUP H OCCUPANCY BUILDINGS.

The provisions of Sections 636 through 636.3
hereof shall apply to all Group H occupancy
buildings containing three or more dwelling units
or more than five guestrooms, and includes all
apartment houses, hotels, motels and condomini-
ums. (Amended by Ord. 346-80, App. 7/3/80)

SEC. 636.2. SECURITY REQUIREMENTS
EXTERIOR DOORS.

All exterior doors directly accessible from the
ground level or by stairs or ramps and providing
entry into the Group H occupancy buildings shall
comply with Section 713 of the Housing Code.
(Amended by Ord. 346-80, App. 7/3/80)

SEC. 636.3. PENALTIES.

Any person violating any of the provisions of
Sections 4101 through 4105 of the Building Code,
Sections 713 through 714 of the Housing Code,
or Sections 636 through 636.2 of the SF Police
Code shall he charged with a misdemeanor and
upon conviction thereof, shall be punished by a
fine not exceeding $500 or by imprisonment, not
exceeding 30 days, or by both fine and imprison-
ment, and shall be deemed guilty of a separate
offense for every day such violation, disobedi-
ence, omission, neglect or refusal shall continue.
(Amended by Ord. 537-85, App. 12/4/85)

SEC. 636.4. ENFORCEMENT
AUTHORITY.

The Bureau of Building Inspection and San
Francisco Police Department have the authority
to administer and enforce the provisions of the
preceding section. (Amended by Ord. 346-80,
App. 7/3/80)

SEC. 636.5. RETROACTIVE
PROVISIONS.

Sections 636.1, 636.2 and portion of 636.2 as
applied to existing buildings (Police Code) shall
become effective one year after adoption.
(Amended by Ord. 346-80, App. 7/3/80)

SEC. 638. INTERFERENCE WITH FIRE,
ETC., TELEGRAPH SYSTEMS
PROHIBITED.

It shall be unlawful for any person, firm or
corporation to place, or cause to be placed, any
article or thing on or upon any sidewalk in such
a manner as to interfere with or obstruct the free
access or approach to any signal box of the Fire
and Police Telegraph System; or without author-
ity from the Chief of the Department of Electric-
ity to run any wire or any of the telegraph poles
or fixtures of said systems, or to run, erect or
maintain any wire across or parallel with any
wire of said system within a distance of four feet
thereof; or without authority from the Chief of
the Department of Electricity, to break, remove
or injure or cause to be broken, removed or
injured, any of the parts or appurtenances°of said
system; or without authority, to make, or fit, or
cause to be made or fitted, any key to lock of any
signal box of said system; or, without authority,
to have or retain in his possession any key
belonging to or fitted to the lock of any such
signal box; or to pick or force the lock of any such
signal box. (Added by Ord. 1.075, App. 10/11/38)

SEC. 639. MAKING FALSE ALARMS
PROHIBITED.

It shall be unlawful for any person wilfully to
make or cause to be made any false alarm of fire
or any false call for police assistance, or for the
police patrol wagon, or for any hospital ambu-
lance of the Department of Public Health, by

Sec. 639.

San Francisco - Police Code

276

means of city or any telegraph or telephone
systems, or any other way. (Added by Ord. 1.075,
App. 10/11/38)

SEC. 640. REWARD.

(a) Every person or persons who give infor-
mation leading to the arrest and conviction, as
defined in this Section, of any person who vio-
lates Section 148.4 of the California Penal Code,
relating to the turning in of false fire alarms, in
the City and County of San Francisco, shall
receive as a reward from the City and County of
San Francisco a total sum of $500 for each such
occurrence. For the purposes of this Section and
Section 641 of this Code, "conviction" shall mean
a finding of guilty following a trial, a plea of guilt
or nolo contendere, or a plea of guilty or nolo
contendere by plea bargaining whether or not
the guilty plea or nolo contendere plea is entered
for violation of Section 148.4 of the California
Penal Code.

(b) Every person or persons who give infor-
mation leading to the arrest or, in the case of a
juvenile, the temporary detention, but not the
conviction of any person who violates Section
148.4 of the California Penal Code, relating to
the turning in of false fire alarms, in the City and
County of San Francisco, shall nevertheless re-
ceive as a reward from the City and County of
San Francisco a total sum of $500 for each such
occurrence, unless the arrested person or de-
tained juvenile is found not guilty following a
trial or juvenile court proceedings or the pros-
ecutor dismisses the charges for insufficient in-
formation. Circumstances under which the per-
son or persons providing the information shall be
eligible for the reward include but are not lim-
ited to, disposition of the charges in the following
ways:

(1) The court issues a bench warrant against
the arrested person for failure to appear in court;

(2) The court determines that the arrested
person is mentally incompetent to stand trial;

(3) The court places the arrested person in a
diversion program;

(4) The charges are dismissed because the
person is deported;

(5) Juvenile court proceedings establish that
the juvenile carried out the alleged actions; or

(6) A probation officer places the detained
juvenile in a specific program of supervision.

(c) In the event that more than one person
gives information under the circumstances speci-
fied in Section 640(a) or 640(b) regarding the
same occurrence, the total sum of $500 shall be
divided equally among the persons providing the
information. (Amended by Ord. 208-86, App.
6/6/86)

SEC. 641. PAYMENT.

The Controller is hereby authorized and di-
rected to pay from any appropriation created for
the purpose the total sum of $500 for each such
occurrence to the person or persons who give
such information leading to an arrest and con-
viction as set forth in Section 640, or the dispo-
sition of the charges by one of the other methods
specified in Section 640, provided that a claim
therefor is filed with the Controller within 60
days after the conviction or the disposition of the
charges by one of the other methods enumerated
in Section 640, and the said claim is approved by
the Chief of the Fire Department. (Amended by
Ord. 208-86, App. 6/6/86)

SEC. 642. INELIGIBLE PERSONS.

Neither a peace officer, a member of the Fire
Department, nor any person barred by Charter
provisions or statute from receiving rewards
shall be eligible to claim the said reward. (Added
by Ord. 277-69, App. 8/29/69)

SEC. 643. PUBLICATION OF OFFER.

Publication of this offer may be made through
the posting of signs by the Fire Department from
funds appropriated to the department for that
purpose. (Added by Ord. 277-69, App. 8/29/69)

SEC. 644. THE USE, SALE OR
POSSESSION OF BALLOONS INFLATED .
WITH INFLAMMABLE OR EXPLOSIVE
GASES PROHIBITED.

It shall be unlawful for any person, firm or
corporation to use, sell or possess any balloon

277

Miscellaneous Conduct Regulations

Sec. 649.

inflated with inflammable or explosive gases.
(Added by Ord. 1.075, App. 10/11/38)

SEC. 645. ABANDONING
REFRIGERATOR EQUIPPED WITH
LOCKING DEVICES PROHIBITED.

It shall be unlawful for any person, firm or
corporation to leave or permit to remain outside
of any dwelling, building or other structure, or
within any unoccupied or abandoned building,
dwelling or other structure under his or its
control, in a place accessible to children, any
abandoned, unattended or discarded ice box,
refrigerator or other container which has an
air-tight door or lid, snaplock or other locking
device which may not be released from the in-
side, without first removing said door or lid,
snaplock or other locking device from said ice
box, refrigerator or container. (Added by Ord.
8454, Series of 1939, App. 3/17/54)

SEC. 646. PENALTY.

Any person, firm or corporation who shall
violate any of the provisions of Section 645 of this
Article shall be deemed guilty of a misdemeanor
and upon conviction thereof, shall be punishable
by a fine of not more than $500, or by imprison-
ment in the County Jail for a period of not more
than 90 days, or by both such fine and imprison-
ment. (Added by Ord. 8454, Series of 1939, App.
3/17/54)

SEC. 647. UNAUTHORIZED REMOVAL
OF SHOPPING CARTS; NOTICE,
EXCEPTIONS.

No person shall remove any shopping cart,
shopping basket, or other similar device from the
premises of any business establishment, any
parking area maintained for the customers of
said business establishment, or sidewalks and
passageways adjacent to said business establish-
ment or said parking areas, for the purposes of
temporarily using the same, or for any purpose
whatsoever, if such shopping cart, basket, or
device has securely affixed to it a sign identifying
it as belonging to said business establishment
and there is posted on the premises of said
business establishment a notification to the ef-

fect that said cart, basket or device is not to be
removed from said premises, parking areas, or
sidewalks and passageways adjacent thereto.

This Section shall not be enforceable against
any alleged violators unless there is posted at
the place or places where said carts, baskets or
devices are stored for customer use, a sign or
signs positioned and of sufficient size and legibil-
ity to be seen by an ordinarily observant person,
to notify customers and the general public of the
prohibitions set forth herein.

The provisions of this Section shall not apply
to removal of a shopping cart, shopping basket or
other similar device by the owner thereof, the
agent of said owner, an employee of said business
establishment, or by any person possessing the
written consent of said owner or the manager of
said business establishment. (Added by Ord.
263-66, App. 10/28/66)

SEC. 648. AUTOMATIC CALLING
DEVICES— USE OF REGULATED.

No person, partnership, corporation or any
other type or class of association of persons,
except a public utility engaged in the business of
providing communications services and facili-
ties, shall use or operate, attempt to use or
operate, or cause to be used or operated, or
arrange, adjust, program or otherwise provide or
install any device or combination of devices that
will upon action either mechanically, electroni-
cally or by any other automatic means, initiate a
call and deliver a recorded message to any tele-
phone number or numbers assigned to the City
and County of San Francisco by a public tele-
phone company, without the prior written con-
sent of said City and County.

The term "telephone number" includes any
additional numbers assigned by a public utility
company engaged in the business of providing
communications services and facilities to be used
by means of a rotary or other system to connect
with said City and County to such primary
number when the primary telephone number is
in use. (Added by Ord. 222-70, App. 6/25/70)

SEC. 649. APPLICATION FOR
PERMISSION TO INSTALL.

Any and all applications for the consent re-
quired by Section 648 shall be made to the Head

Sec. 649. San Francisco - Police Code 278

of the Department of the City and County of San
Francisco which has a telephone number to
which it is desired to initiate a call and/or deliver
a recorded message. The form and detail of the
application for such consent must be furnished
by the Department Head and such consent does
not take the place of any license required by law.
Said Department Head may withhold said con-
sent until satisfied that the granting of said
consent will not interfere with the operations of
his department. (Added by Ord. 222-70, App.
6/25/70)

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ARTICLE 9.1: [RESERVED]

331

San Francisco - Police Code 332

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ARTICLE 9.2: [RESERVED]

341

San Francisco - Police Code 342

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ARTICLE 9.3: [RESERVED]

351

San Francisco - Police Code 352

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ARTICLE 9.4: [RESERVED]

361

San Francisco - Police Code 362

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ARTICLE 9.5: PROHIBITING OF PROFESSIONAL STRIKEBREAKERS

Sec. 650.

Sec. 651.

Sec. 652.

Sec. 653.

Sec. 654.

Findings.
Definitions.
Unlawful Conduct.
Violation.
Severability.

SEC. 650. FINDINGS.

Relations between organized labor and man-
agement in this City and County have for many
years been marked by a mature adherence to the
principles of good faith, collective bargaining and
a mutual respect for the rights, interests and
well being of working people, business and in-
dustry. The importation or use in this City and
County of professional strikebreakers as replace-
ments during a strike or lockout endangers such
sound and beneficial relations between labor and
management.

Experience in this City and County and in
other parts of this country demonstrates that the
utilization of professional strikebreakers in labor
disputes is inimical to the public welfare and
good order in that such practices tend to prolong
industrial strife, frustrate collective bargaining
and encourage violence, crimes and other disor-
ders.

Persons who customarily offer themselves as
replacements during labor disputes are gener-
ally of unsavory character and accustomed to
association with undesirable elements. The in-
troduction of such persons into the community
and their employment in this City and County is
harmful to our citizens and threatens the public
peace.

The aforementioned evils are beyond the
regulation of applicable state or federal law, and
the mitigation and correction thereof requires
the exercise of the police power of this City and
County. (Added by Ord. 317-64, App. 11/30/64)

SEC. 651. DEFINITIONS.

As used in this ordinance the following words
and phrases shall unless provided otherwise
have the following definitions:

(a) "Employer": A person, partnership, firm,
corporation, association or other entity, which
employs any person or persons to perform ser-
vices for a wage or salary. "Employer" includes
any person, partnership, firm, corporation, asso-
ciation or other entity acting as an agent of an
employer, directly or indirectly.

(b) "Employee": Any person who performs
services for wages or salary under a contract of
employment, express or implied, for an em-
ployer.

(c) "Strike": Any concerted act of employees
in a lawful refusal of such employees under
applicable state or federal law to perform work
or services for an employer.

(d) "Lockout": Any refusal by an employer
to permit his employees to work as a result of a
dispute with such employees affecting wages,
hours or other terms or conditions of employ-
ment of said employees.

(e) "Professional Strikebreaker": Any per-
son (1) who during the period of five years
immediately preceding the acts described in pro-
vision (2) of this Subdivision (e) has repeatedly
offered himself to employers at whose places of
business a strike or lockout was currently in
progress, for employment for the duration of
such strike or lockout for the purpose of replac-
ing an employee or employees involved in said
strike or lockout, and (2) who currently offers
himself to an employer at whose place of busi-
ness a strike or lockout is presently in progress,
for employment for the purpose of replacing an
employee or employees involved in said strike or
lockout.

"Repeatedly," as used in the foregoing provi-
sion, is defined as meaning on two or more

371

Sec. 651.

San Francisco - Police Code

372

occasions (exclusive of any current offer for em-
ployment in connection with a current strike or
lockout).

"Employment for the duration of such strike
or lockout" shall include employment for all or
part of the duration of such strike or lockout;
and, in connection therewith, shall include ser-
vices during all or part of such strike or lockout
which began not more than one month prior to
the initiation thereof, or, in the alternative, which
concluded not later than one month after the
termination of such strike or lockout.

"Employment," as used in this Subdivision
(e), is defined as service for an employer, whether
compensated by wages, salary, or any other con-
sideration not limited to the foregoing and whether
secured, arranged or paid for by an employer or
any other person, partnership, firm, corporation,
association or other entity. (Added by Ord. 317-
64, App. 11/30/64)

SEC. 654. SEVERABILITY.

If any part of the provisions of this ordinance,
or the application thereof, to any person or
circumstance is held invalid by the final judg-
ment of a court of competent jurisdiction, the
remainder of this ordinance, including the appli-
cation of such part or provision to other persons
or circumstances, shall not be affected thereby,
and this ordinance shall otherwise continue in
full force and effect and shall otherwise be fully
operative. To this end, the provisions of this
ordinance, and each of them, are hereby declared
to be severable. (Added by Ord. 317-64, App.
11/30/64)

SEC. 652. UNLAWFUL CONDUCT.

(a) It shall be unlawful for any employer
willingly and knowingly to utilize any profes-
sional strikebreaker to replace an employee or
employees involved in a strike or lockout at a
place of business located within the City and
County of San Francisco.

(b) It shall be unlawful for any professional
strikebreaker willingly and knowingly to offer
himself for employment to replace, or to replace,
an employee or employees involved in a strike or
lockout at a place of business located within the
City and County of San Francisco. (Added by
Ord. 317-64, App. 11/30/64)

SEC. 653. VIOLATION.

Any person, partnership, firm, corporation,
association or other entity, or officer or agent
thereof, who shall violate any of the provisions of
this ordinance shall upon conviction thereof be
subject to a fine not to exceed $500 or imprison-
ment not to exceed 90 days, or both such fine and
imprisonment, in the discretion of the court.
(Added by Ord. 317-64, App. 11/30/64)

[The next page is 379]

ARTICLE 9.6: REGULATIONS FOR SOLICITATION FOR CHARITABLE PURPOSES

Sec.

660.

Findings and Purpose.

Sec.

660.1.

Definitions.

Sec.

660.2.

Unlawful Solicitation.

Sec.

660.3.

Statement of Registration.

Sec.

660.4.

Issuance of Certificate of
Registration.

Sec.

660.4-1.

Audits.

Sec.

660.4-2.

Registration of Commercial
Fundraisers.

Sec.

660.5.

Change in Fact, Policy or
Method.

Sec.

660.6.

Certificate of Registration and
Identification Cards
Nontransferable — Return Upon
Expiration.

Sec.

660.7.

Registration Fee.

Sec.

660.8.

Solicitors' Identification Cards
and Lists of Solicitors.

Sec.

660.9.

Written Receipts Required.

Sec.

660.11.

Financial Records.

Sec.

660.12.

Public Disclosure.

Sec.

660.13.

Exceptions.

Sec.

660.14.

Penalties.

Sec.

660.14-1,

. Forfeiture.

Sec.

660.15.

City Undertaking Limited to
Promotion of General Welfare.

Sec.

660.16.

Severability.

Sec.

660.17.

Preemption.

SEC

.660. FINDINGS AND PURPOSE.

(a) The primary purpose of the public streets
and sidewalks is for use by vehicular and pedes-
trian traffic; however, state and federal courts
have determined that sidewalks are also tradi-
tional public for a for the exchange of ideas and
views protected by our Federal and State Con-
stitutions.

(b) The sale of goods, products and services
with its corresponding inquiry regarding the
quality and price of goods, bargaining over that

price, and exchange of goods, products and ser-
vices for consideration, by its nature has created
greater problems with regard to the use of the
public sidewalk than the traditional solicitation
of contributions by charitable organizations. In
particular, the unregulated sale of goods, prod-
ucts and services on the public sidewalks by
charitable organizations and persons soliciting
by sales on behalf of charitable organizations has
caused congestion and potential use of force that
threatens the safety of pedestrians attempting to
use the sidewalks and public transit for their
primary purpose. It has also interfered with
pedestrian access to private residences, Munici-
pal Railway, cable car and bus zones, and places
of business. One of the primary causes of these
problems is the sales activities on the public
sidewalks of commercial enterprises who repre-
sent that part of their profits will go to a chari-
table organization.

(c) Reasonable regulation of sidewalk sales
activities is necessary to protect the public safety,
health, welfare, as well as the substantial es-
thetic interest in preserving the beauty, solitude
and viewing areas of certain parts of the City.
The sales activities of charitable organizations
pose esthetic problems different from and greater
than those presented by street artists and other
sidewalk peddlers. Street artists sell goods of
their own making. Thus, street artists offer a
variety of goods, and the volume of their mer-
chandise is limited. On the other hand, almost
without exception, those selling on behalf of
charitable organizations peddle t-shirts and sweat-
shirts. The presence on the sidewalk of tables
piled high with sweatshirts and t-shirts is much
more visually offensive than the sale of jewelry
and other items sold by street artists and other
sidewalk vendors. Indeed, the sales activities of
charitable organizations have had the effect of
converting many areas of the City into perma-
nent flea markets.

379

Supp. No. 6, March 2007

Sec. 660.

San Francisco - Police Code

380

(d) The City repeatedly has sought to ad-
dress the problems created by the sales activities
of charitable solicitors by means less restrictive
than those set out in this legislation, including
restrictions on where charitable sales activities
may take place and the type of information that
charitable organizations must disclose. These
less restrictive measures have failed to alleviate
adequately the problems caused by the sales
activities of charitable organizations. In particu-
lar, the current locational regulations, such as
the amount of sidewalk space that must be left
for pedestrian passage, the sales of merchandise
adjacent to unloading and bus zones, and the
space between persons engaged in charitable
sales, have proved ineffective to adequately pro-
tect public health and safety. These locational
restrictions were initially intended to apply to
the sale of books, pamphlets and other purely
communicative items. Experience has taught that
the safety problems created by the sales of sweat-
shirts and other commercial merchandise by
charitable organizations are greater than those
caused by other sidewalk vending or that would
be caused by the sales of purely communicative
items. Sidewalk sweatshirt vending by chari-
table organizations consistently draws larger
crowds of prospective buyers than does sidewalk
sales by street artists and other peddlers. There-
fore, the safety concerns associated with chari-
table sales are different from those posed by
other vendors. Accordingly, different regulations
are needed. In particular, sales activities on the
building side of sidewalks, with their attendant
crowds, frequently force pedestrians to walk in
the street, which endangers those pedestrians.

(e) The San Francisco Street Artists Pro-
gram, established by a mandate of the people of
the City and County of San Francisco with the
adoption of Proposition L on November 4, 1975,
is an essential component of this City's effort to
support the work of its resident artisans. Permit-
ting the sale of merchandise in spaces desig-
nated as Street Artists spaces by persons other
than Street Artists tends to confuse the public
regarding the nature of the products sold and
adversely affects the credibility of the Street
Artists Program.

(f) The City and County of San Francisco
has a duty to safeguard its citizens from fraudu-
lent solicitors. Like other communities, San Fran-
cisco has traditionally been plagued with per-
sons defrauding its citizens by falsely representing
that they are soliciting contributions for chari-
table purposes. The most effective method for
protecting citizens from fraudulent solicitors is
to require full disclosure to the public of infor-
mation regarding the operations and purposes of
persons soliciting for charitable purposes and to
ensure that the information disclosed is truthful.

(g) The City also has a duty to preserve the
visual quality of its sidewalks, parks and plazas,
prevent the obstruction of public viewing areas,
and preserve the tranquility and special ambi-
ence of areas that have been created to provide
members of the public with zones of peace, quiet
and solitude. There are areas of the City, such as
Twin Peaks and portions of the Fisherman's
Wharf area and parks, where the Board finds
that sales activities, whether conducted by chari-
table organizations or for-profit entities, are in-
consistent with these esthetic qualities as well as
public safety. The Board also finds that because
of the unique nature of City parks, the regula-
tion of sales activities in parks is better left to
the Recreation and Parks Commission.

(h) In adopting these amendments, the Board
of Supervisors is aware that a federal appellate
court has enjoined the enforcement of Section
660.2(j) of this Article with respect to the sale of
items that are inextricably intertwined with a
political, ideological, religious or philosophical
message. The Board is also aware that the City is
pursuing a farther appeal of this ruling. The
amendments to this Article are in no way in-
tended as a substitute for the City's appeal.
Rather, these amendments are intended to re-
duce somewhat the problems caused by the sales
activities of charitable organizations, pending a
resolution of the City's appeal. (Amended by
Ord. 106-87, App. 4/3/87; Ord. 289-90, App. 8/1/
90)

Supp. No. 6, March 2007

381

Regulations for Solicitation for Charitable Purposes

Sec. 660.2.

SEC. 660.1. DEFINITIONS.

Whenever used in this Article unless a differ-
ent meaning clearly appears from the context:

(a) "Association" shall mean any unincorpo-
rated organization or group of individuals shar-
ing a common purpose or common purposes.

(b) "Charitable Organization" shall mean
and include any person who, or any nonprofit
community organization, fraternal, benevolent,
educational, philanthropic, or service organiza-
tion, or governmental employee organization
which, solicits or obtains contributions solicited
from the public for charitable purposes of or
holds any assets solely for charitable purposes.

(c) (1) "Charitable Purpose" shall mean re-
ligious, charitable, scientific, testing for public
safety, literary, educational, or for the prevention
of cruelty to children or animals, and all other
purposes recognized as charitable under com-
mon law.

(c) (2) "Charitable Purpose" shall not be
construed to include solicitations primarily for
the direct benefit of the individual making the
solicitation.

(d) "Contributions" shall mean and include
the words alms, food, clothing, money, subscrip-
tion or property. "Contributions" shall also mean
donations under the guise of a loan of money or
property.

(e) "Department" shall mean the San Fran-
cisco Police Department.

(f) "Person" shall mean any individual, part-
nership, corporation, or association.

(g) "Public Sidewalk" shall mean all im-
proved sidewalks owned or under the control of
the City and County of San Francisco.

(h) "Solicit," "solicitation," and "solicitation
for a charitable purpose," shall mean any re-
quest, plea, entreaty, demand, or invitation, or
attempt thereof, to give money or property, that
occurs on the streets, sidewalks, or parks or
other property under the control of the City and
County of San Francisco in connection with
which:

(1) Any appeal is made for charitable pur-
poses; or

(2) The name of any charity, philanthropic
or charitable organization is used or referred to
in any such appeal as an inducement for making
any such gift; or

(3) Any statement is made to the effect that
such gift or any part thereof will go to or be used
for any charitable purpose or organization.

(i) "Sales solicitation for a charitable pur-
pose" shall mean the sale of, offer to sell, or
attempt to sell, or the solicitation or receipt of
money in exchange in whole or part for, any
advertisement, advertising space, book, card,
chance, coupon device, magazine subscription,
membership, merchandise, ticket or admission
or any other thing or service or other consider-
ation, which occurs on the streets, sidewalks,
parks or other property under the control of the
City and County of San Francisco, in connection
with which:

(1) Any appeal is made for charitable pur-
poses; or

(2) The name of any charity or philan-
thropic organization is used or referred to in any
such appeal as an inducement for making any
such sale; or

(3) Any statement is made to the effect that
the whole or any part of the proceeds from such
sale will go to or be used for any charitable
purpose or organization.

(j) "Agent" shall mean any person autho-
rized by any other person or organization to
transact some business, manage some affair, or
perform any other act, on behalf of that person or
organization.

(k) "Commercial fundraiser" shall mean any
individual, corporation, or other legal entity who
qualifies as a commercial fundraiser for chari-
table purposes as defined in California Govern-
ment Code Section 12599(a). (Amended by Ord.
106-87, App. 4/3/87; Ord. 289-90, App. 8/1/90)

SEC. 660.2. UNLAWFUL SOLICITATION.

(a) No charitable organization may solicit,
directly or through an agent or employee, any
contribution for any charitable purpose or con-
duct any sales solicitation for charitable pur-
poses activity on the streets, sidewalks, parks or

Sec. 660.2.

San Francisco - Police Code

382

other property under the control of the City and
County of San Francisco unless such charitable
organization shall have first obtained a Certifi-
cate of Registration from the Chief of Police or
his or her designate, as hereinafter provided or
has received a receipt from the Department
indicating that the organization has filed a State-
ment of Registration and is authorized to solicit
pending issuance by the Department of a Certifi-
cate of Registration.

(b) No individual, as agent or employee of
another, shall solicit contributions for a chari-
table purpose on the streets, sidewalks, parks or
other property under the control of the City and
County of San Francisco unless the charitable
organization on whose behalf the individual is
soliciting has received a Certificate of Registra-
tion or has received a receipt from the Depart-
ment indicating that the organization has filed a
Statement of Registration and is authorized to
solicit pending issuance by the Department of a
Certificate of Registration.

(c) No individual shall engage in sales so-
licitations for a charitable purpose on the streets,
sidewalks or other property under the control of
the City and County of San Francisco without
visibly displaying an identification card issued to
that individual by the Chief of Police or his or her
designate as hereinafter provided. This provi-
sion shall not be enforced with respect to a
charitable organization during the period after
the organization has obtained a receipt indicat-
ing that the organization has filed a Statement
of Registration and before the issuance to the
organization of a Certificate of Registration.

(d) (1) No individual shall solicit for a chari-
table purpose or engage in sales solicitation for a
charitable purpose on the streets, sidewalks or
other property under the control of the City and
County of San Francisco, unless, upon request
from the person solicited for information about
the organization, the solicitor shall provide to
the person a card entitled "Solicitation for Chari-
table Purposes Card." The card shall be of a size
to be prescribed by the Chief of Police or his or
her designate, signed and dated under penalty of

perjury by an individual who is a principal or
officer of the charitable organization on whose
behalf the solicitation is made.

The information on the card shall be printed
in at least 10-point type and shall include the
following:

(A) The name and address of the charitable
organization on whose behalf the money will be
collected.

(B) The name of the individual soliciting on
behalf of the charitable organization.

(D) If there is no charitable organization,
the manner in which the money collected will be
utilized for charitable purposes.

(E) The percentage of the purchase price
that will be used for charitable purposes.

(F) If the solicitation is not a sales solicita-
tion, the card may state, in place of the amount
of fund raising expenses, that an audited finan-
cial statement of such expenses may be obtained
by contacting the organization at the address
disclosed.

(G) Whether the charitable organization on
whose behalf the solicitation is made is tax
exempt under state and federal law.

(H) The percentage of the total gift or pur-
chase price which may be deducted as a chari-
table contribution under both federal and state
law. If no portion is so deductible the card shall
state that "This contribution is not tax deduct-
ible."

(I) If the charitable organization making
the solicitation represents any nongovernmental
organization by any name which includes, but is
not limited to, the term, "officer," "peace officer,"
"police," "law enforcement," "reserve officer,"
"deputy," or "deputy sheriff," which would rea-
sonably be understood to imply that the organi-
zation is composed of law enforcement person-
nel, the solicitor shall give the total number of
members in the organization and the number of
members working or living within the county
where the solicitation is being made, and if the

383

Regulations for Solicitation for Charitable Purposes

Sec. 660.2.

solicitation is for advertising, the statewide cir-
culation of the publication in which the solicited
ad will appear.

(d) (2) No individual shall engage in sales
solicitation for a charitable purpose by means of
selling goods, products or services from a station-
ary display on the streets or sidewalks or other
places held open to the public unless, in addition
to the requirements of Subsection (d)(1), the
individual displays a sign which shall contain
the name and address of the person on whose
behalf the charitable solicitation is being made,
and the fact that more information about the
charitable organization is available upon re-
quest. This sign also shall state that a receipt
must be provided to the person solicited for any
sales transaction of $5 or more and that for sales
transactions of less than $5, a receipt will be
provided upon request. The sign shall be two feet
by two feet square and shall be printed in black
36 point bold face print on a white background.

(d) (3) A volunteer who receives no com-
pensation of any type from, or in connection
with, a solicitation for a charitable organization
which has qualified for a tax exemption under
Section 501(c)(3) of the Internal Revenue Code of
1954, as amended, and who is 15 years of age or
younger, is not required to make any disclosures
pursuant to this Section.

(d) (4) When the solicitation is not a sales
solicitation, any individual may comply with the
disclosure provisions of Section 660.2(d)(1) by
providing in writing the name and address of the
charitable organization on behalf of which all or
any part of the money collected will be utilized
for charitable purposes, the charitable purposes
for which the solicitation is made and that the
information about revenues and expenses of such
organization, including its administration and
fundraising costs, may be obtained by contacting
the organization's office at the address disclosed.
Such organization shall provide such informa-
tion to the person solicited immediately upon
receipt of the request.

(e) No person, other than the Chief of Police
or his or her designate, may alter an identifica-
tion card or certificate of registration.

(f) No individual shall engage in a sales
solicitation for charitable purposes while display-
ing an identification card issued by the Chief of
Police or his or her designate in the name of
another individual.

(g) No individual shall solicit for charitable
purposes or engage in sales solicitations for
charitable purposes from any vehicle.

(h) No individual shall engage in sales so-
licitations for charitable purposes by means of
selling goods, products, services or merchandise
on the public sidewalks:

(1) Within five feet of any of the following:

(a) A space designated by the Public Works
Department of the City and County of San Fran-
cisco as a street artist space pursuant to Article
24 of the San Francisco Police Code. For the
purposes of this Subsection, the five feet shall be
measured from the outer edges of the street
artist space in each direction parallel to the
building side of the space and thence at a 90-
degree angle to the curbside and building side of
the sidewalk.

(b) A person peddling goods, products or
services pursuant to a permit issued under Ar-
ticle 17.3 or Article 13 of the San Francisco Police
Code, Article 5 of the San Francisco Public Works
Code, or any other provision of the San Francisco
Charter or San Francisco Municipal Code.

(d) A fire hydrant.

(e) The end of the fire escape.

(2) Within eight feet of a person already
engaged in sales solicitations pursuant to a Cer-
tificate of Registration issued under this article.

(3) Within 10 feet from the outer edge of
any entrance to any building, including, but not
limited to, doors, driveways, emergency exits
measured in each direction parallel to the build-
ing line and thence at a 90-degree angle to the
curb.

(4) Within 18 inches of the curb line of a
sidewalk or more than 4-1/2 feet from the curb
line of a sidewalk.

Sec. 660.2.

San Francisco - Police Code

384

(5) In a space more than four feet long or
five feet high. The height of the person or per-
sons conducting the sales solicitation shall not be
considered in determining compliance with this
subsection.

(6) On any sidewalk adjacent to a curb that
has been designated pursuant to ordinance or
regulation as a bus zone or a white, blue, green,
or yellow zone.

(7) If, due to such solicitation for sales on a
public sidewalk, there remains open for the pas-
sage of pedestrians a space of less than eight feet
in width, as measured on a line perpendicular to
the curb line, from the edge of the solicitor's
activities to the edge of the sidewalk or the edge
of the building farthest from the edge of those
activities. No portion of the area occupied by the
solicitor for its activities shall be included in
measuring the eight foot space. If there are
located on a particular side of a block two or
more spaces that meet all other time, place and
manner restrictions set out in this Section and
leave available for pedestrian passage a space
more than eight feet in width, the solicitor shall
conduct his or her sales solicitation in that space
that leaves available for pedestrian travel the
maximum amount of sidewalk width.

(8) In any of the following areas:

(a) In any "P" district, as defined in Section
234 of the City Planning Code (Part II, Chapter
II, San Francisco Municipal Code), located on
Twin Peaks.

(b) On the sidewalk on the north side of
Jefferson Street between Jones and Taylor.

(i) No individual shall directly or indirectly
solicit contributions for any purpose by misrep-
resentation of his or her name, occupation, finan-
cial condition, exemption status, or residence,
and no person shall make or perpetrate any
other misstatement, deception, or fraud in con-
nection with any solicitation of any contribution
for any purpose in the City and County of San
Francisco or in any Statement of Registration or
report filed under this Article.

(j) No individual shall engage in sales solici-
tations for charitable purposes by means of sell-
ing clothing, jewelry, or any other goods, prod-

ucts, services or merchandise in any area of the
City and County of San Francisco unless that
person obtains the appropriate peddling permit
pursuant to Articles 13, 17.3 or 24 of the San
Francisco Police Code. This Section shall not
apply to the sale of books, pamphlets, buttons,
bumperstickers, posters or any other type of item
that has no intrinsic value or purpose other than
to communicate a message.

(k) Every charitable organization whose em-
ployee or agent violates any provision of this
Article also shall be deemed to have violated
such provision.

(1) Every commercial fundraiser whose em-
ployee or agent violates any provision of this
Article also shall be deemed to have violated
such provision.

(m) Sales solicitations for charitable pur-
poses occurring on property under the jurisdic-
tion of the Recreation and Parks Department
shall be regulated by the San Francisco Park
Code and written rules and regulations promul-
gated by the San Francisco Recreation and Parks
Commission. (Amended by Ord. 106-87, App.
4/3/87; Ord. 289-90, App. 8/1/90)

SEC. 660.3. STATEMENT OF
REGISTRATION.

All charitable organizations desiring to so-
licit funds for charitable purposes in the City and
County of San Francisco shall file with the Chief
of Police or his or her designate a written State-
ment of Registration, which Statement shall
contain complete information as follows:

(a) The name of the charitable organization
registering to solicit funds for charitable pur-
poses.

(b) The purpose of the solicitation and use
of the contribution to be solicited.

(1) If a natural person, the person's busi-
ness or residence address and telephone number.

(2) If a partnership, the name of all the
partners and principal business address and
telephone number of each partner.

385

Regulations for Solicitation for Charitable Purposes

Sec. 660.3.

(3) If a corporation, whether it is organized
under the laws of California or is a foreign
corporation, the mailing address, business loca-
tion, and telephone number, name of the indi-
vidual in charge of the San Francisco office of the
corporation, and the names of all officers and
directors or trustees of said corporation, and if a
foreign corporation, the place of incorporation.

(4) If an association, the association's prin-
cipal business address and telephone number, if
any, and the names and principal business or
residence addresses and telephone numbers of
the officers and directors or trustees of the asso-
ciation. If the association is part of a multi-state
organization or association, the mailing address
and business location of its central office and the
mailing address and business location of its local
office.

(d) A description of the methods and means
by which the solicitation of funds is to be accom-
plished, including whether solicitations will be
accomplished by the sale of any item.

(e) A financial statement, on a form pro-
vided by the San Francisco Police Department,
setting forth all of the following information:

(1) The total revenue, contributions and simi-
lar amounts solicited or generated by sales ac-
tivities by such charitable organization or asso-
ciation or their agents or commercial fundraisers
within the City and County of San Francisco
within the 180-day period immediately preced-
ing the filing of such Statement of Registration;

(2) The gross total sales by such charitable
organization or association within the City and
County of San Francisco within the 180-day
period immediately preceding the filing of such
Statement of Registration;

(3) The total amount of expenditures by
such charitable organization or association within
the City and County of San Francisco within the
180-day period immediately preceding the filing
of such Statement of Registration;

(4) The total cost of goods sold by or on
behalf of such charitable organization or associa-
tion within the City and County of San Francisco
within the 180-day period immediately preced-
ing the filing of such Statement of Registration;

(5) The names and business addresses of all
persons or associations, including commercial
fundraising, receiving compensation or emolu-
ments from such revenue, contributions and simi-
lar amounts solicited or generated by sales ac-
tivities in the City and County of San Francisco,
and the respective amounts thereof;

(6) A detailed accounting of the allocations
made to achieve the purposes of the charitable
organization within the 180-day period immedi-
ately preceding the filing of such Statement of
Registration.

(f) If the charitable organization is a corpo-
ration, partnership, or association, a copy of the
resolution or other document issued in compli-
ance with the bylaws or internal rules of any
organization authorizing such solicitation and
authorizing a particular individual to apply for
the Certificate of Registration certified to as a
true and correct copy of the original of such
resolution by the officer of such association hav-
ing charge of the records thereof.

(g) A statement that the signers of such
Statement of Registration have read and are
familiar with the provisions of this Article and
will require all persons authorized to engage in
such solicitation to read and be familiar with all
sections of this Article prior to making any such
solicitation.

(h) A projected schedule for the next 180-
day period of salaries, fees, commissions, ex-
penses and costs to be expended and paid in
connection with the solicitation of funds or in
connection with their disbursement, an esti-
mated percentage of the total projected collec-
tions which the costs of solicitation will comprise
and what portion of the contributions collected
as a result of the solicitation will remain avail-
able for application to the specific purposes de-
clared in the Statement of Registration.

(i) The names, business mailing addresses
and telephone numbers of all individuals who
will be in direct charge or control of the solicita-
tion and disbursement of funds, and the name of
any commercial fundraiser employed or utilized
by the charitable organization during the imme-
diately preceding reporting period.

Supp. No. 6, March 2007

Sec. 660.3.

San Francisco - Police Code

386

(j) A statement to the effect that if a Certifi-
cate of Registration is granted, such Certificate
will not be used as or represented to be an
endorsement by the City or any of its officers or
employees.

(k) The names of any officer, director, trustee,
partner, or any current agent or employee engag-
ing in the solicitation of funds who has been
convicted of any felony within the past seven
years, the nature of the offense, the state where
the conviction occurred, and the year of the
conviction.

(1) Whether the applicant has received tax
exempt status from either the State of California
or the United States, or both, and a copy of its
current tax exempt determination letter, if any.

(m) If the charitable organization is a cor-
poration, partnership, or association, the State-
ment of Registration must be signed by the
person authorized to apply for the Certificate of
Registration by the resolution required in Sec-
tion 660.3 (g) and, under penalty of perjury,
declared to contain true and correct information.
If the charitable organization is an individual,
the Statement of Registration must be signed by
that individual and, under penalty of perjury,
declared to contain true and correct information.

(n) The name of an agent of the organiza-
tion for service of process. (Amended by Ord.
106-87, App. 4/3/87; Ord. 289-90, App. 8/1/90)

SEC. 660.4. ISSUANCE OF
CERTIFICATE OF REGISTRATION.

(a) Upon the filing by a charitable organi-
zation of a Statement of Registration and the
payment of the fee required by Section 660.7,
including any fine or penalty assessed against
the organization for violation of this Article that
has been outstanding for more than 60 days, the
Chief of Police or his or her designate shall issue
to the organization a receipt that indicates that
the organization has filed a Statement of Regis-
tration and authorizes the organization to solicit
contributions for charitable purposes pending
the issuance of the Certificate of Registration.

(b) The Chief of Police or his or her desig-
nate shall, after a review of the Statement of
Registration to determine its compliance with
Section 660.3 above, and within 10 working days
of the receipt of the Statement of Registration,
either issue a Certificate of Registration or notify
the person registering that the Statement of
Registration does not comply with the require-
ments of Section 660.3 above and specifying
what information has not been furnished. Upon
receipt of that additional information, the Chief
of Police or his or her designate shall, within five
working days of the receipt of the revised State-
ment, issue a Certificate of Registration. Any
charitable organization that has received a re-
ceipt authorizing the organization to solicit con-
tributions in the City and County of San Fran-
cisco and that fails to provide the additional
information sought by the Chief shall be in
violation of this Article. Certificates of Registra-
tion shall be valid for 180 days after issuance.

(c) Any charitable organization that has ob-
tained a Certificate of Registration prior to the
most recent amendment of this Article shall
obtain a Certificate of Registration under the
amended provisions of this Article within 30
days of the effective date of the such amended
provisions. (Amended by Ord. 106-87, App. 4/3/
87; Ord. 289-90, App. 8/1/90)

SEC. 660.4-1. AUDITS.

(a) At the request of the Police Department,
the Controller of the City and County of San
Francisco shall audit for accuracy and complete-
ness any identified financial statements submit-
ted by a charitable organization under Section
660.3(e) of this Code, provided that charitable
organizations whose financial statements indi-
cate that the organization received less than
$1,000.00 in contributions from solicitations and
sales solicitations in the immediately preceding
reporting period shall not be subject to such
audits. When audits are performed, the Control-
ler shall prepare reports which shall be sent to
the San Francisco District Attorney and Califor-
nia Attorney General. The reports of the Control-
ler shall be public documents and shall contain
the Controller's findings with respect to the

Supp. No. 6, March 2007

387

Regulations for Solicitation for Charitable Purposes

Sec. 660.8.

accuracy and completeness of each statement
reviewed. The audit should be conducted with
maximum efficiency in a cost-effective manner
and should be as unobtrusive as possible consis-
tent with the foregoing purposes of the audit. No
employee or agent of the Controller shall divulge
or make known any record or information re-
ceived pursuant to this section except in further-
ance of the purposes of this section.

(b) It shall be the duty of each charitable
organization to keep such detailed accounts and
records as shall be reasonably necessary for the
Controller to conduct the audits required by this
section. (Added by Ord. 289-90, App. 8/1/90; Ord.
56-07, File No. 070090, App. 3/23/2007)

SEC. 660.4-2. REGISTRATION OF
COMMERCIAL FUNDRAISERS.

Prior to soliciting contributions on behalf of a
charitable organization, a commercial fundraiser
shall register with the Department by filing with
the Department a copy of the commercial
fundraiser's most recent registration form and
annual financial report filed with the California
Attorney General's Registry of Charitable Trusts
pursuant to California Government Code Sec-
tions 12599(b) and 12599(c). (Added by Ord.
289-90, App. 8/1/90)

SEC. 660.5. CHANGE IN FACT, POLICY
OR METHOD.

If, while any Statement of Registration is
pending, or during the term of any Certificate of
Registration granted thereon, there is any change
in fact, policy, or method that would materially
alter the information given in the Statement of
Registration, the registrant shall notify the Chief
of Police or his or her designate in writing
thereof within 48 hours after such change. Such
notice shall specifically indicate what section of
the Statement of Registration is affected by the
change, in what manner the information in that
section has been changed, and include the fee for
amendments to Statements of Registration set
by the Police Commission. (Amended by Ord.
106-87, App. 4/3/87)

SEC. 660.6. CERTIFICATE OF
REGISTRATION AND IDENTIFICATION
CARDS NONTRANSFERABLE— RETURN
UPON EXPIRATION.

No person may transfer a Certificate of Reg-
istration or identification card issued under this
Article. Certificate of Registration and identifi-
cation cards issued under this Article shall be
returned to the Chief of Police or his or her
designate within five days of its date of expira-
tion. (Amended by Ord. 106-87, App. 4/3/87; Ord.
53-89, App. 3/1/89)

SEC. 660.7. REGISTRATION FEE.

The Police Commission shall, within 180
days of the effective date of this Article as
amended, set the fees for registration and amend-
ments to Statements and Certificates of Regis-
tration, and additional identification cards, re-
quired under this Article. These fees shall be
based on the costs of issuing and amending the
Certificates of Registration and identification
cards and conducting the lottery provided for in
this Article. The Chief of Police or his or her
designate shall waive these fees if the registrant
files with the Chief of Police an affidavit signed
under penalty of perjury declaring the registrant's
inability to pay the fees would prevent the reg-
istrant from soliciting contributions for a chari-
table purpose. Pending determination of these
fees by the Police Commission, every Statement
of Registration shall be accompanied by a regis-
tration fee of $30 for solicitation of $50 for sales
solicitations to defray the costs incurred by the
City and County of San Francisco in administer-
ing the provisions of this Article. Fees collected
under this Section shall be used exclusively for
administering the provisions of this Article.
(Amended by Ord. 106-87, App. 4/3/87)

SEC. 660.8. SOLICITORS'
IDENTIFICATION CARDS AND LISTS OF
SOLICITORS.

Consistent with the standards and purposes
of this Article, the Chief of Police or his or her
designate shall create identification cards for
persons engaged in sales solicitations for chari-
table purposes. Each such identification card

Supp. No. 6, March 2007

Sec. 660.8.

San Francisco - Police Code

388

shall be laminated and shall bear the name and
residence or business address of the charitable
organization registering, a recent photograph of
the solicitor; to be supplied by the charitable
organization registering and to be of a size pre-
scribed by the Chief of Police or his or her
designate, the registration number, the name
and signature of the solicitor or agent, the expi-
ration date of the Certificate of Registration, and
it shall have printed prominently thereon in red:
"This identification card is not an endorsement
of the solicitation by the City and County of San
Francisco or any of its officers or employees." The
name of the organization, photograph of the
individual and statement of nonendorsement shall
appear on the front of the card with the remain-
ing information appearing on the back of the
card. This card shall be prepared and laminated
by the Chief of Police or his or her designate or,
at the election of the charitable organization, by
the charitable organization on pre-numbered cards
supplied by the Department.

The Chief of Police or his or her designate
shall issue up to five identification cards with the
Certificate of Registration without any addi-
tional charge. The registrant may obtain addi-
tional identification cards by paying to the City
its actual cost as established by resolution of the
Police Commission.

With respect to sales solicitations, the chari-
table organization registering shall maintain on
its premises or the premises of a designated
agent of the organization or, in the alternative,
shall provide to the Department, a list of the
names, addresses, identification card number,
and dates of birth of all agents and employees to
whom identification cards are issued. With re-
spect to nonsales solicitations, the charitable
organization registering shall maintain on its
premises or the premises of a designated agent of
the organization or, in the alternative, shall
provide to the Department, a list of the names of
all agents and employees authorized to solicit on
behalf of the organization. Where lists required
under this Section are maintained on the pre-
mises of the charitable organization, the chari-
table organization shall make such lists avail-

able to members of the Department upon request.
(Amended by Ord. 106-87, App. 4/3/87)

SEC. 660.9. WRITTEN RECEIPTS
REQUIRED.

Any person receiving money or anything hav-
ing a value of $5 or more from any contributor
under a solicitation or .sales solicitation for a
charitable purpose made pursuant to a Certifi-
cate of Registration granted under this Article,
or any person receiving money or anything hav-
ing a value of less than $5 from any contributor
under a solicitation or sales solicitation for chari-
table purposes made pursuant to a Certificate of
Registration granted under this Article when the
contributor so requests, shall give to the contribu-
tor at the time the contribution is received a
written sequentially numbered receipt signed by
the solicitor showing plainly the name and Cer-
tificate of Registration number of the charitable
organization for which the solicitation is con-
ducted, the Internal Revenue Service and Cali-
fornia Franchise Tax Board tax exempt identifi-
cation numbers, if any, the date and the amount
received, and whether the contribution, or what
part thereof, is tax deductible; provided, how-
ever, that where a solicitation is made and a
donation is received for a ticket of admission to
an event held specifically to raise money or any
other thing of value for charitable purposes, such
ticket, when retained by the contributor, shall
constitute a valid receipt if it contains the name
and Certificate of Registration number, the per-
son from whom the solicitation is conducted, the
date and location of the event, and the amount
received. This Section shall not apply to any
contributions collected by means of a sealed or
locked box or receptacle which shall have perma-
nently imprinted on it the name of the Certifi-
cate of Registration holder used in solicitation
with the written approval of the Chief of Police
or his or her designate, where it is impractical to
determine the amount of such contributions.
(Amended by Ord. 106-87, App. 4/3/87)

SEC. 660.11. FINANCIAL RECORDS.

The financial records of a charitable organi-
zation on whose behalf soliciting for charitable

Supp. No. 6, March 2007

389

Regulations for Solicitation for Charitable Purposes

Sec. 660.14.

purposes is conducted shall be maintained on the
basis of generally accepted accounting principles
as defined by the American Institute of Certified
Public Accountants and the Financial Account-
ing Standards Board. The disclosure require-
ments of Subsection (f) of Section 660.3 shall be
based on the same accounting principles used to
maintain the soliciting charitable organization's
financial records. (Amended by Ord. 106-87, App.
4/3/87)

SEC. 660.12. PUBLIC DISCLOSURE.

All registration and financial record state-
ments filed with the Chief of Police or his or her
designate shall be a public record and shall be
available for inspection by members of the public
during regular business hours and copies may be
obtained at a charge to be determined by the
Chief of Police or his or her designate. (Amended
by Ord. 106-87, App. 4/3/87)

SEC. 660.13. EXCEPTIONS.

(a) The provisions of this Article shall not
apply to:

(1) Any recruiting for volunteer services;

(2) Any solicitation made in the name of a
person who has died, if the solicitation is made
by members of the family of the person or the
legal guardian of the deceased person;

(3) Any solicitation made by or on behalf of
a nonprofit organization to or amount persons
who are members thereof at the time of such
solicitation, or a solicitation or solicitations made
in the form of collections or contributions at
regular assemblies or services of any such orga-
nization;

(4) Any solicitation made by an employer to
his employees, by an employee to his employer,
or by an employee to other members of the same
employee group where a common employer ex-
ists;

(5) Any solicitation made upon premises
owned or occupied by the person on whose behalf
such solicitation is made;

(6) Any solicitation in an area subject to a
street closure approved by the San Francisco
Board of Supervisors of the City and County of

San Francisco approved pursuant to San Fran-
cisco Administration Code Section 2.70 for street
fairs or other public gatherings.

(b) Persons making solicitations on behalf
of any political group or political organization
that is subject to financial disclosure under state
or federal law are not subject to the registration
or financial disclosure provisions of this Article.

(c) The provisions of this ordinance pertain-
ing to the sales activities of charitable organiza-
tions shall not apply to transactions where both
(i) the item offered for sale is not sold from tables
or other fixed locations and (ii) the item sold is
only of token value or the item is sold by a
volunteer under fourteen years of age and the
sales price of the item is less than three dollars.
(Amended by Ord. 106-87, App. 4/3/87)

SEC. 660.14. PENALTIES.

(a) Any person violating any provision of
this Article shall be guilty of a misdemeanor or
an infraction. The complaint charging such vio-
lation 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 defen-
dant 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 30-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 30-day period shall be

Sec. 660.14.

San Francisco - Police Code

390

guilty of a misdemeanor and shall be punished
by a fine of not less than $750 and not more than
$1,000 for each provision violated, or by impris-
onment in the County Jail for a period of not
more than six months, or by both such fine and
imprisonment.

(b) Any person who violates or proposes to
violate any of the provisions of this Article may
be enjoined by any court of competent jurisdic-
tion. The court may make such orders or judg-
ments, including the appointment of a receiver,
as may be necessary to prevent the use or em-
ployment by any charitable organization or per-
son of any practices which violate this Article, or
which may be necessary to restore to any person
any money or property, real or personal, which
may have been required by means of any prac-
tice in this Article declared to be unlawful.

Actions for injunction under this Section may
be prosecuted by the Attorney General, the Dis-
trict Attorney, or City Attorney upon their own
complaint or upon the complaint of any board,
officer, person or by any person or charitable
organization acting for the interests of itself, its
members or the general public. In its discretion,
the court may allow the party bringing the action
reasonable costs, including attorney's fees.

(c) Any person who intentionally violates
any injunction issued pursuant to this Section
shall be liable for a civil penalty not to exceed
$6,000 for each violation. Where the conduct
constituting a violation is of a continuing nature,
each day of such conduct is a separate and
distinct violation. In determining the amount of
the civil penalty, the court shall consider all
relevant circumstances, including, but not lim-
ited to, the extent of harm caused by the conduct
constituting a violation, the nature and persis-
tence of such conduct, the length of time over
which the conduct occurred, the assets, liabilities
and net worth of the person, whether corporate
or individual, and any corrective action taken by
the defendant.

(d) If any action for violation of Subsection
(c) is brought by the Attorney General, one-half
of the penalty collected pursuant to this Section
shall be paid to the Treasurer of the City and

County of San Francisco, and one-half to the
State Treasurer for deposit in the General Fund.
If brought by the District Attorney, one-half of
the penalty collected pursuant to this Section
shall be paid to the Treasurer of the City and
County of San Francisco for deposit in a special
fund of the District Attorney to be created for the
deposit and expenditure of such funds, and one-
half shall be paid to the Treasurer of the City and
County of San Francisco for deposit in the Gen-
eral Fund. If brought by the City Attorney, one-
half of the penalty collected pursuant to this
Section shall be paid to the Treasurer of the City
and County of San Francisco for deposit in a
special fund of the City Attorney to be created for
the deposit and expenditure of such funds, and
one-half shall be paid to the Treasurer of the City
and County of San Francisco for deposit in the
General Fund. If brought by a private party,
one-half of the penalty collected pursuant to this
Section shall be paid to such the party and
one-half shall be paid to the Treasurer of the City
and County of San Francisco for deposit in the
General Fund.

(e) Any person who violates any provision of
this Article shall be liable for a civil penalty not
to exceed $2,500 for each violation, which shall
be assessed and recovered in a civil action brought
in the name of the people of the City and County
of San Francisco by the Attorney General, the
District Attorney, or the City Attorney in any
court of competent jurisdiction, upon their own
complaint or upon the complaint of any board,
officer, person or by any person or charitable
organization acting for the interests of itself, its
members or the general public. In its discretion,
the court may allow the party bringing the action
reasonable costs, including attorney's fees.

(f) If any action for violation of Subsection
(e) is brought by the Attorney General, one-half
of the penalty collected shall be paid to the
Treasurer of the City and County of San Fran-
cisco for deposit in the General Fund and one-
half to the State Treasurer. If brought by the
District Attorney, one-half of the penalty col-
lected pursuant to this Section shall be paid to
the Treasurer of the City and County of San
Francisco for deposit in a special fund of the

391

Regulations for Solicitation for Charitable Purposes

Sec. 660.14-1.

District Attorney to be created for the deposit
and expenditure of such funds, and one-half
shall be paid to the Treasurer of the City and
County of San Francisco for deposit in the Gen-
eral Fund. If brought by the City Attorney, one-
half of the penalty collected pursuant to this
section shall be paid to the Treasurer of the City
and County of San Francisco for deposit in a
special fund of the City Attorney to be created for
the deposit and expenditure of such funds, and
one-half shall be paid to the Treasurer of the City
and County of San Francisco for deposit in the
General Fund. If brought by a private party,
one-half of the penalty collected pursuant to this
Section shall be paid to such the party and
one-half shall be paid to the Treasurer of the City
and County of San Francisco for deposit in the
General Fund.

(g) Any person who intentionally or negli-
gently violates any of the reporting requirements
of this Article shall be liable in a civil action
brought by any person otherwise authorized to
file an action under this Article for an amount of
three times the amount not properly reported if
the violation was intentional or the amount not
properly reported if the violation was negligent.

(h) The remedies provided for in this Sec-
tion are cumulative to each other and to the
remedies or penalties available under all other
laws of the City and County of San Francisco and
the State of California.

(i) If two or more persons are responsible
for any violation of this Article, they shall be
jointly and severably liable. (Amended by Ord.
106-87, App. 4/3/87; Ord. 53-89, App. 3/1/89; Ord.
289-90, App. 8/1/90)

SEC. 660.14-1. FORFEITURE.

(a) Any item of merchandise sold or offered
for sale in violation of Section 660.2(j) of this
Article which is in the possession of the City and
County of San Francisco is subject to forfeiture
pursuant to this section, provided that so long as
the injunction imposed by the United States
Court of Appeals for the Ninth Circuit in Case
Number 88-1904 remains in effect, this section
shall not apply to goods the sale of which is

inextricably intertwined with a statement carry-
ing a religious, political, philosophical or ideo-
logical message.

(b) An action to forfeit matter described in
Subdivision (a) may be brought by the District
Attorney or the City Attorney. Proceedings shall
be initiated by a petition of forfeiture filed in the
Superior Court.

(c) The prosecuting agency shall make ser-
vice of process of a notice regarding that petition
upon every individual who may have a property
interest in the property, which notice shall state
that any interested party may file a verified
claim with the Superior Court stating the amount
of their claimed interest and an affirmation or
denial of the prosecuting agency's allegation. If
the notices cannot be given by registered mail or
personal delivery, the notice shall be published
for at least three successive weeks in a newspa-
per of general circulation in the county where the
property is located. All notices shall set forth the
time within which a claim of interest in the goods
seized is required to be filed.

(d) (1) Any person claiming an interest in
the property or proceeds may, at any time within
30 days from the date of the first publication of
the notice of seizure, or within 30 days after
receipt of actual notice, file with the Superior
Court a verified claim stating his or her interest
in the property. A verified copy of the claim shall
be given by the claimant to the District Attorney
or City Attorney, as appropriate.

(2) If, at the end of the time set forth in
paragraph (1), an interested person has not filed
a claim, the court, upon motion, shall declare
that the person has defaulted upon his or her
alleged interest, and it shall be subject to forfei-
ture upon proof of compliance with Subdivision
(c). All goods forfeited under this section shall be
donated to charitable organizations having tax-
exempt status under Section 501(c)(3) of the
United States Internal Revenue Code for the
purpose of having those goods distributed to
those in need free of charge.

(e) The burden shall be on the petitioner to
prove beyond a reasonable doubt that matter is
subject to forfeiture pursuant to this section.

Sec. 660.14-1.

San Francisco - Police Code

392

(f) It shall not be necessary to seek or obtain
a criminal conviction prior to the entry of an
order for the forfeiture of property pursuant to
this section. Any property described in Subdivi-
sion (a) which is in the possession of the City and
County obtained as the result of a case in which
no trial was had or which has been disposed of by
way of dismissal or otherwise than by way of
conviction may be ordered forfeited. (Added by
Ord. 289-90, App. 8/1/90)

SEC. 660.15. CITY UNDERTAKING
LIMITED TO PROMOTION OF GENERAL
WELFARE.

In undertaking the adoption and enforce-
ment of this ordinance, the City and County is
assuming an undertaking only to promote the
general welfare. It is not assuming, nor is it
imposing on its officers and employees, an obli-
gation for breach of which it is liable in money
damages to any person who claims that such
breach proximately caused injury. (Amended by
Ord. 106-87, App. 4/3/87)

SEC. 660.16. SEVERABILITY.

If any part of the ordinance, or the applica-
tion thereof, to any person, charitable organiza-
tion or circumstance is held invalid by the final
judgment of a court of competent jurisdiction,
the remainder of this ordinance, including the
application of such part or provision to other
persons, charitable organizations or circum-
stances, shall not be affected thereby, and this
ordinance shall otherwise continue in full force
and effect and shall otherwise be fully operative.
To this end, the provisions of this ordinance, and
each of them, are hereby declared to be sever-
able. (Amended by Ord. 106-87, App. 4/3/87)

SEC. 660.17. PREEMPTION.

In adopting this Article, the Board of Super-
visors recognizes that it may not preempt or
supersede, nor does it intend to preempt or
supersede, any state law or regulation related to
the use of public sidewalks, including those re-
lated to obstruction of public sidewalks. Further,
in adopting this legislation, the Board of Super-
visors does not intent to repeal or amend any

ordinance or regulation related to the use of the
public sidewalks, including, but not limited to,
Police Code Sections 22 through 24, exclusive,
related to the obstruction of public sidewalks.
(Amended by Ord. 106-87, App. 4/3/87)

[The next page is 417]

ARTICLE 10: REGULATIONS FOR ADVERTISING

Sec. 665. Regulating Advertisement of

Sale of Second-Hand or
Defective Merchandise.

Sec. 666. Signs — Gasoline Sales — Prices.

Sec. 667. Signs — Dry Cleaning and

Laundry Services — Prices.

Sec. 674. Tobacco Advertising and

Promotion Prohibited.

Sec. 680. Advertising Vehicles Prohibited

on City Streets.
Sec. 681. [Reserved.]

Sec. 702. Advertising on Street Car

Windows Prohibited —

Exceptions.
Sec. 703. Penalty.

Sec. 708. Display of Bulletin Board of

Intelligence Office Near Street

Prohibited.
Sec. 709. Posting Signs on Private

Property Prohibited; Penalty for

Violation.
Sec. 710. Findings.

Sec. 710.1. Definitions.
Sec. 710.2. On Street Sales Prohibited;

Exception; Removal of Vehicles

Authorized.
Sec. 710.3. Penalty.
Sec. 710.4. Severability.

SEC. 665. REGULATING
ADVERTISEMENT OF SALE OF
SECOND-HAND OR DEFECTIVE
MERCHANDISE.

It shall be unlawful for any person, firm or
corporation, in any newspaper, magazine, circu-
lar, form letter or any open publication, pub-
lished, distributed, or circulated in the City and
County of San Francisco, or on any billboard,
card, label or other advertising medium, or by
means of any other advertising device, to adver-
tise, call attention to, or give publicity to the sale

of any merchandise, which merchandise is second-
hand or used merchandise, or which merchan-
dise is defective in any manner, or which mer-
chandise consists of articles or units or parts
known as "seconds," or blemished merchandise,
or which merchandise has been rejected by the
manufacturer thereof as not first class, unless
there be conspicuously displayed directly in con-
nection with the name and description of such
merchandise and each specified article, unit or
part thereof, a direct and unequivocable state-
ment, phrase, or word which will clearly indicate
that such merchandise or each article, unit or
part thereof so advertised is second-hand, used,
defective, or consists of "seconds" or is blemished
merchandise, or has been rejected by the manu-
facturer thereof, as the fact shall be. (Added by
Ord. 1.075, App. 10/11/38)

SEC. 666.
PRICES.

SIGNS— GASOLINE SALES—

(a) Every person, firm, partnership, associa-
tion, trustee, or corporation which owns, oper-
ates, manages, leases or rents a gasoline service
station offering for sale, selling or otherwise
dispensing gasoline or other motor vehicle fuel to
the public from such a gasoline service station
abutting or adjacent to a street or highway shall
post or cause to be posted or displayed and
maintain at said premises at least one sign,
banner or other advertising medium which is
clearly visible from all traffic lanes in each
direction on such street or highway.

Each said sign, banner or other advertising
medium shall be readable from said traffic lanes
and shall indicate thereon the actual price per
gallon, including all taxes, at which each grade
of gasoline or other motor vehicle fuel is cur-
rently being offered for sale, sold or otherwise
dispensed, if at all, at said gasoline service
station on said date.

417

Supp. No. 1, September 2006

Sec. 666.

San Francisco - Police Code

418

(b) Every person, firm, partnership, associa-
tion, trustee or corporation which owns, oper-
ates, manages, leases or rents a facility other
than a gasoline service station which, as an
incidental part of its operation, offers for sale,
sells or otherwise dispenses gasoline or other
motor vehicle fuel to the public from such a
facility shall post or cause to be posted or dis-
played and maintain at said premises at least
one sign, banner or other advertising medium
which is clearly visible to any motorist upon
entry to said facility.

Each said sign, banner or other advertising
medium shall be readable upon said entry and
shall indicate thereon the actual price per gallon,
including all taxes, at which each grade of gaso-
line or other motor vehicle fuel is currently being
offered for sale, sold or otherwise dispensed, if at
all, at said facility on said date.

(c) No person, firm, partnership, associa-
tion, trustee or corporation which owns, oper-
ates, manages, leases or rents a gasoline service
station or other facility offered for sale, selling or
otherwise dispensing gasoline or other motor
vehicle fuel to the public shall advertise, either
in connection with any signs, banners or other
advertising medium utilized to satisfy the re-
quirements of this Section or otherwise, the price
of any grade of gasoline or other motor vehicle
fuel which is not immediately available to be sold
or dispensed to the public at said premises.

(d) Each sign, banner or other advertising
medium posted, displayed or maintained pursu-
ant to requirements of this Section shall not be
inconsistent with the provisions of Article 8 of
Chapter 7 of Division 8 (Section 20880 et seq.) of
the State of California Business and Professions
Code.

(e) Penalty. Violation of this ordinance or
any of its provisions constitutes a misdemeanor.
Any person, whether an individual, corporation
or other business entity and whether as princi-
pal, agent, employee or otherwise, convicted of a
violation of this ordinance or of any of its provi-
sions shall be punished by a fine of not to exceed
$500 or by imprisonment in the County Jail for
not more than six months or by both such fine

and imprisonment. This Chapter shall be en-
forced by the Department of Agriculture and
Weights and Measures as defined in Section
20707 of the Business and Professions Code of
the State of California, which shall have author-
ity to make arrests and to issue written notices
to appear as provided in Section 836.5 of the
Penal Code of the State of California. (Amended
by Ord. 541-74, App. 12/19/74)

SEC. 667. SIGNS— DRY CLEANING AND
LAUNDRY SERVICES— PRICES.

(a) Every person, firm, partnership, associa-
tion, franchise, or corporation which owns, oper-
ates, manages, leases, or rents a business offer-
ing to perform the service of dry cleaning or
laundering articles made of fabric shall post or
cause to be posted or displayed and maintain at
said premises at least one sign, banner or other
advertising medium which is clearly visible at
the point of sale.

Each such sign, banner or other advertising
medium shall indicate thereon the actual price
per article of clothing at which each dry cleaning
or laundering service is being offered at said dry
cleaning or laundry establishment. Whenever
the listed charge is increased for special or
nonstandardized handling that may be neces-
sary, a price range shall be stated for each
garment and the actual price charged shall not
exceed the maximum price of the range. Notice of
such pricing policy shall also be stated in the
posting.

(b) Penalty. Pursuant to Section 36900 (a)
and (b) of the Government Code of the State of
California, violation of the provisions of this
Section by any person, whether an individual,
corporation or other business entity and whether
as principal, agent, employee or otherwise, shall
be an infraction. Every violation is punishable by

(1) a fine not exceeding $100 for a first violation;

(2) a fine not exceeding $200 for a second viola-
tion; (3) a fine not exceeding $500 for a third or
more violations of the same ordinance within one
year. (Added by Ord. 191-89, App. 6/5/89)

Supp. No. 1, September 2006

419

Regulations for Advertising

Sec. 674.

SEC. 674. TOBACCO ADVERTISING AND
PROMOTION PROHIBITED.

(a) Title. This Section shall be known as
the Prohibition of Tobacco Advertising and Pro-
motion Ordinance.

(b) Definitions.

(1) "Tobacco product" shall mean any sub-
stance containing tobacco leaf, including but not
limited to cigarettes, cigars, pipes, tobacco, snuff,
chewing tobacco and dipping tobacco.

(2) "Advertising display sign" shall mean a
sign, signboard, billboard, poster, freestanding
sign or banner that is temporarily or perma-
nently placed on or affixed to the ground, the
sidewalk, a pole or post, or a building, or is
displayed in the windows or doors of a commer-
cial establishment, and that is used to advertise
or promote products.

(3) "Promote" or "promotion" shall include a
display of any logo, brand name, character, graph-
ics, colors, scenes, or designs that are trade-
marks of a particular brand of tobacco product.

(4) "Publicly visible location" shall mean
any outdoor location that is visible from any
street, sidewalk, or other public thoroughfare, or
any location inside a commercial establishment
immediately adjacent to a window or door where
such location is visible from any street, sidewalk,
or other public thoroughfare.

(5) "Person" shall include any individual,
firm, partnership, cooperative association, pri-
vate corporation, personal representative, re-
ceiver, trustee, assignee or other legal entity.

(6) "Designated department" means any City
department that the County Agricultural Com-
missioner-Sealer of Weights and Measures has
designated to assist with the implementation
and enforcement of this Section.

person shall place or maintain, or cause or allow
to be placed or maintained, in any manner any
advertising or promotion of cigarettes or tobacco
products on a billboard or advertising display
sign in a publicly visible location in the City.

(d) Exceptions. This Section shall not ap-
ply to advertising or promotions for tobacco prod-
ucts:

(1) Located inside a commercial establish-
ment, unless such advertising display sign or
promotion is attached to, affixed to, leaning
against, or otherwise in contact with any window
or door in such a manner that it is visible from a
street, sidewalk or other public thoroughfare;

(2) On billboards located within 660 feet of
any highway, excluding Van Ness Avenue and
Lombard Street, if the billboard is oriented so as
to be visible from the highway, except as prohib-
ited by federal, State or other local law;

(3) On vehicles;

(4) On any sign located inside or immedi-
ately outside a commercial establishment if the
sign provides notice that the establishment sells
tobacco products, so long as the sign does not
promote any brand of tobacco product;

(5) On tobacco product packaging.

(e) Effective Date. This Section shall be-
come operative six months after the date it is
finally adopted.

(f) Administration and Enforcement.

(1) Except as otherwise provided, this Sec-
tion shall be administered and enforced by the
Department of Agriculture/Weights and Mea-
sures.

(2) The County Agricultural Commissioner-
Sealer of Weights and Measures shall develop
guidelines, as appropriate, to ensure proper imple-
mentation and enforcement of this Section. At
the request of the County Agricultural Commis-
sioner-Sealer of Weights and Measures, other
City departments such as the Department of
Public Works and the Planning Department shall
assist with the implementation and enforcement
of this Section.

(3) The County Agricultural Commissioner-
Sealer of Weights and Measures or a designated
department shall review and act upon any writ-
ten complaint submitted by any private citizen
or City officer or employee concerning any adver-
tising or promotion prohibited by this Section,
within 30 days of receipt of the complaint. The

Supp. No. 1, September 2006

Sec. 674.

San Francisco - Police Code

420

County Agricultural Commissioner-Sealer of
Weights and Measures or a designated depart-
ment shall serve notice requiring correction of
any violation of this Section upon the person
responsible for the advertising display sign or
promotion prohibited by this Section. The notice
shall specify a date by which the violation shall
be corrected. For billboards that display material
prohibited by this Section, the date specified
shall provide at least five days for correction. For
all other violations, the date specified shall pro-
vide at least two days for correction.

(4) The City Attorney is authorized to en-
force this Section by appropriate civil action. No
such action shall be commenced, however, unless
and until the County Agricultural Commissioner-
Sealer of Weights and Measures or a designated
department has issued a notice requiring correc-
tion to any person responsible for any advertis-
ing display or promotion prohibited by this Sec-
tion, the time specified in the notice has passed,
and the responsible person has failed to comply
with this Section. However, if three notices re-
quiring the correction of any violation of this
Section (whether the violation involves the same
or different displays) are served on any person
within a 30-day period, the City Attorney may
pursue the remedies set forth in this Section
against that person without the serving of an-
other notice, if the additional violation occurs
within 90 days of the serving of the third notice.

(5) Violation of this Section shall constitute
grounds for injunctive relief. In addition, any
person who violates or refuses to comply with the
provisions of this Section shall be liable for a civil
penalty of $100 a day for each violation, which
penalty shall be assessed and recovered in a civil
action brought in the name of the People of the
City and County of San Francisco in any court of
competent jurisdiction. Each separate display of
tobacco advertising or promotion prohibited by
this Section shall be considered a separate vio-
lation. Each day such violation is committed or
permitted to continue shall constitute a separate
violation. In those instances in which a notice of
correction is required by this Section, there shall
be no penalty assessed for displays that occur
during the period of time allowed for correction.

Any penalty assessed and recovered in an action
brought pursuant to this paragraph shall be paid
to the Treasurer of the City and County of San
Francisco. The person against whom a penalty is
assessed, or against whom an injunction is ob-
tained, also shall be liable for the costs of attorney's
fees incurred by the City and County of San
Francisco in bringing any civil action to enforce
the provisions of this Section.

(6) For purposes of determining liability of
persons, firms or corporations controlling fran-
chises or business operations in multiple loca-
tions, each individual franchise or business loca-
tion shall be deemed a separate entity.

(g) Intent as to Additional Legal Restric-
tions and Remedies.

(1) Nothing in this Section is intended to
alter the obligations or restrictions that apply to
any person under any other law governing signs,
billboards, tobacco advertising or any other mat-
ter covered by this Section.

(2) The remedies set forth in this Section
are not exclusive. If any action prohibited by this
Section is also unlawful under any other law, the
penalties and remedies under such other laws
may be pursued in addition to those provided in
this Section.

(h) Disclaimers. By prohibiting the adver-
tising or promotion of tobacco products in out-
door or publicly visible locations, the City and
County of San Francisco is assuming an under-
taking only to promote the general welfare. It is
not assuming, nor is it imposing on its officers
and employees, an obligation for breach of which
it is liable in money damages to any person who
claims that such breach proximately caused in-
jury.

(i) Severability. If any provision of this
Section or its application to any person or cir-
cumstance is held invalid, this Section, to the
extent it can be given effect, or the application of
this Section to persons other than the person to
whom it is held invalid, shall not be affected
thereby, and to this end, the provisions of this
Section are severable. (Added by Ord. 1-98, App.
1/16/98; amended by Ord. 187-04, File No. 040759,
App. 7/22/2004)

Supp. No. 1, September 2006

421

Regulations for Advertising

Sec. 680.

SEC. 680. ADVERTISING VEHICLES
PROHIBITED ON CITY STREETS.

(a) Findings and Purpose. The inherent
primary purpose of commercial advertising ve-
hicles is to display commercial advertising on
public streets. By their nature, commercial ad-
vertising vehicles are intended to distract, and
aim to capture and hold the attention of, mem-
bers of the public on or adjoining public streets,
including drivers, pedestrians, bicyclists, and
others. Moreover, such vehicles display commer-
cial advertising from a mobile platform, includ-
ing while the vehicle is moving within the flow of
traffic, potentially stopping, starting, or turning
abruptly, accentuating the inherent tendency of
such advertising to seize attention and to dis-
tract. Additionally, the use of motor vehicles to
display commercial advertising creates exhaust
emissions. For these reasons, the Board of Su-
pervisors finds that commercial advertising ve-
hicles create aesthetic blight and visual clutter
and create potential and actual traffic and health
and safety hazards. The purposes of this section
are (1) to promote the public health, safety and
welfare of motorists, pedestrians, bicyclists, and
others using the City's public streets and road-
ways and adjoining areas, by eliminating the
aesthetic blight and visual clutter and traffic and
safety hazards caused by the operation of com-
mercial advertising vehicles on the City's streets;
(2) to reduce congestion on the City's streets; (3)
to reduce exhaust emissions, by eliminating as
an emissions source a type of commercial adver-
tising display whose use may require continuous
or extensive operation of motor vehicle engines;
(4) to protect public investment in and the char-
acter and dignity of the City's streets; and (5) to
aid in the attraction of tourists and other visitors
who are so important to the economy of the City.
This section is not intended to regulate any
non-commercial speech, including non-commer-
cial advertising or signage.

(b) Prohibition. No person may operate
any commercial advertising vehicle in or on any
public street in the City and County of San
Francisco.

(1) "City" means the City and County of San
Francisco.

(2) "Commercial advertising vehicle" means
a motor vehicle that is carrying, towing, or
otherwise displaying any commercial advertis-
ing sign, unless the vehicle is used primarily to
transport passengers or goods.

(3) "Commercial advertising sign" means a
banner, placard, poster, card, picture, sign or
display that does no more than propose a com-
mercial transaction.

(d) Enforcement.

(1) The Police Department shall issue a
written notice of violation concerning, and requir-
ing the immediate correction of, any violation of
this Section to the driver of any commercial
advertising vehicle that is being driven or used
in violation of this Section, as well as to the
owner or other person responsible for the ve-
hicle, if the identity of that owner or other person
is known or readily ascertainable. If issued to the
driver of a commercial advertising vehicle, the
notice shall require the driver to inform the
owner or other person responsible for the opera-
tion of the commercial advertising vehicle of the
notice and of the violation to which it relates.
Notice to the driver of a commercial advertising
vehicle under this subsection shall be deemed
notice to the owner or other person responsible
for the operation of the vehicle.

(2) The City Attorney is authorized to en-
force this Section by appropriate civil action. No
such action shall be commenced against any
person unless and until the Police Department
has issued a notice of violation requiring correc-
tion to that person, as specified above, and that
person has failed to comply with this Section and
with that notice. In any civil action brought to
enforce this Section, the City Attorney may pur-
sue the remedies set forth in this Section for the
violation of this Section that is subject of the
notice, as well as for any subsequent violations of
this Section that have occurred within one year
after the issuance of the notice without regard to

Supp. No. 1, September 2006

Sec. 680.

San Francisco ■ Police Code

422

whether the Police Department issued subse-
quent notices concerning those subsequent vio-
lations.

(3) Violation of this Section shall constitute
grounds for injunctive relief. In addition, any
person who violates or refuses to comply with the
provisions of this Section shall be liable for a civil
penalty which shall be assessed and recovered in
a civil action brought in the name of the People of
the City and County of San Francisco in any
court of competent jurisdiction. Each separate
display of commercial advertising prohibited by
this Section, and each day that a violation of this
Section is committed or permitted to continue,
shall constitute a separate violation. The amount
of such civil penalty shall be $250 for the first
violation, $350 for the second violation, and $500
for each subsequent violation of this Section. Any
penalty assessed and recovered in an action
brought pursuant to this paragraph shall be paid
to the Treasurer of the City and County of San
Francisco. The person against whom a penalty is
assessed, or against whom an injunction is ob-
tained, also shall be liable for the costs and
attorney's fees incurred by the City and County
of San Francisco in bringing any civil action to
enforce the provisions of this Section.

(4) Violation of this Section shall not consti-
tute a criminal offense.

(5) In any action brought to enforce this
Section, the City Attorney may also seek any
remedies available under state or federal law.
(Added by Ord. 70-92, App. 3/4/92; amended by
Ord. 234-00, File No. 001261, App. 10/13/00)

SEC. 681. [RESERVED.]

Editor's Note:

Ord. 214-06, File No. 060826, approved August 7,
2006, repealed § 681 which pertained to parking of
vehicles for commercial advertising purposes prohib-
ited. The user's attention is directed to § 63.3 of the
Traffic Code for similar provisions.

SEC. 702. ADVERTISING ON STREET
CAR WINDOWS PROHIBITED—
EXCEPTIONS.

It shall be unlawful for any person, firm or
corporation operating street railways within the

City and County of San Francisco, to post or
allow to be posted on the windows of street cars
operated on the streets of the City and County of
San Francisco, any form of advertisement; pro-
vided, however, that the terms of this Section
shall not prohibit the making use of street car
windows for the purpose of advertising matters
necessary to the operation of said street rail-
ways, or announcements regularly made by the
Red Cross, United States or Municipal govern-
ment authority. (Added by Ord. 1.075, App. 10/
11/38)

SEC. 703. PENALTY.

Any person, firm or corporation violating any
of the terms or provisions of Section 702 of this
Article shall be deemed guilty of a misdemeanor,
and, upon conviction thereof shall be punished
by a fine of not more than $500. (Added by Ord.
1.075, App. 10/11/38)

SEC. 708. DISPLAY OF BULLETIN
BOARD OF INTELLIGENCE OFFICE
NEAR STREET PROHIBITED.

It shall be unlawful for any person keeping
an intelligence office in the City and County of
San Francisco to display the bulletin of said
office, or the notices of employment or of labor, or
of services desired or offered, so near to the
street as to cause a crowd to assemble, or remain
on the street or sidewalk in front of said office, or
to display the same within 10 feet of the inner
line of the sidewalk in front of said office. (Added
by Ord. 1.075, App. 10/11/38)

SEC. 709. POSTING SIGNS ON PRIVATE
PROPERTY PROHIBITED; PENALTY FOR
VIOLATION.

(a) (1) When used in this Section, the term
"sign" shall mean any card, banner, handbill, or
poster or any object containing or bearing writ-
ing, drawing, painting, figures, designs or sym-
bols.

(2) When used in this Section, the term
"person" shall mean any individual, association,
corporation, political party, religious body, or
organization of any kind, but it does not include

Supp. No. 1, September 2006

423

Regulations for Advertising

Sec. 710.2.

public officers or employees in the performance
of their duties or persons acting under authority
of law.

(b) It shall be unlawful for any person to
post or affix any sign to the exterior surfaces of
any structure, including any building, on private
property without consent of the owner of such
property or the person in lawful possession of
such property. If any sign has been posted in a
manner described in this Section and remains so
posted on the effective date of this ordinance, it
shall be unlawful for any person who so posted it
or caused it to be so posted to fail to remove that
sign within a reasonable period of time after so
being informed.

(c) Any person violating Section 709 of this
Code shall be deemed guilty of an infraction, and
upon such conviction shall be fined not less than
$50 nor more than $500. (Added by Ord. 364-82,
App. 7/30/82)

SEC. 710. FINDINGS.

The Board of Supervisors of the City and
County of San Francisco hereby finds and de-
clares that: (a) there is a critical shortage of
on-street parking places in the residential areas
of the City and County; (b) the critical shortage
is exacerbated by the fact that many single-
family residences and apartment buildings have
either no garages or have fewer garages than
dwelling units; (c) that many residents of the
City and County already find they must park
many blocks from their residence; (d) that the
critical parking shortage is further exacerbated
by the practice of people parking vehicles on the
street in residential areas for days at a time for
the sole purpose of displaying same for private
sale; (e) that because of the critical need for
parking in the residential neighborhoods, the
City must now regulate the use of residential
area on-street parking spaces for purposes of
selling vehicles; (f) to promote the safety and
welfare of the residents of the City and County of
San Francisco and to assure an equitable method
of regulation, it is necessary to regulate the
display of vehicles for the purpose of sale in
on-street parking spaces. (Added by Ord. 10-86,
App. 1/17/86)

SEC. 710.1. DEFINITIONS.

(a) "City" shall mean the City and County of
San Francisco.

(b) "Display for sale" shall mean to place a
vehicle upon the public streets for the purpose of
offering the vehicle for sale or for soliciting offers
to purchase the vehicle.

(c) "Owner" shall mean any person, firm,
partnership, corporation, or association whose
name appears on the registration document as
the registered owner for the automobile on file
with the State Department of Motor Vehicles.

(d) "Park" or "parking" shall mean the stand-
ing of a vehicle, whether occupied or not, other-
wise than temporarily for the purpose of and
while actually engaged in loading or unloading
merchandise or passengers.

(e) "Police Department" shall mean the Chief
of Police or the designee thereof.

(f) "Residence of Owner" shall mean the
residence of the registered owner of the vehicle
as shown on the vehicle registration papers
issued by the Department of Motor Vehicles or on
file with Department of Motor Vehicles.

(g) "Vehicle" shall mean any device by which
any person or property may be propelled, moved,
or drawn upon a street or highway excepting a
device moved by human power or used exclu-
sively upon stationary rails or tracks or any
object placed thereon. (Added by Ord. 10-86,
App. 1/17/86)

SEC. 710.2. ON STREET SALES
PROHIBITED; EXCEPTION; REMOVAL
OF VEHICLES AUTHORIZED.

It shall be unlawful for any person to park a
vehicle on an on-street parking place for the
purpose of displaying same for sale unless the
vehicle is parked within 600 feet of the residence
of the registered owner of the vehicle. Pursuant
to Section 22651.9 of the California Vehicle Code,
any vehicle parked on any street or highway
within the City and County of San Francisco in
violation of this Section may be removed and
impounded in accordance with Article 9 of the
San Francisco Traffic Code, provided that (a)
such vehicle has been issued a notice of parking

Supp. No. 1, September 2006

Sec. 710.2. San Francisco - Police Code 424

violation for violation of this Section within the
past 30 days, (b) such previous notice of parking
violation was accompanied by a warning that an
additional violation may result in the removal
and impoundment of the vehicle, (c) a subse-
quent notice of parking violation was issued at
least 24 hours prior to the removal of the vehicle,
and (d) any other conditions to the removal of the
vehicle set forth in Section 22651.9 of the Cali-
fornia Vehicle Code have been satisfied. (Added
by Ord. 10-86, App. 1/17/86; amended by Ord.
332-93, App. 10/22/93; Ord. 347-93, App. 11/31/
93; Ord. 213-95, App. 6/30/95)

SEC. 710.3. PENALTY.

Violations of this Article shall be punishable
as an infraction, punishable by a fine of not more
than $100 for each violation. (Added by Ord.
10-86, App. 1/17/86)

SEC. 710.4. SEVERABILITY.

If any section, subsection, subdivision, para-
graph, sentence, clause or phrase in this Article
or any part thereof, is for any reason held to be
unconstitutional or invalid or ineffective by a
court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the
remaining portions of this ordinance or any part
thereof. The Board of Supervisors of the City
hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sen-
tence, clause or phrase thereof irrespective of the
fact that any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses or
phrases be declared unconstitutional, invalid or
ineffective. (Added by Ord. 10-86, App. 1/17/86)

[The next page is 435] Supp. No. 1, September 2006

ARTICLE 10.1: REGULATING EXPOSURE OF PHOTOGRAPHS, CARTOONS OR

DRAWINGS ON NEWSRACKS

Sec. 715. Definitions.

Sec. 716. Newsracks on Sidewalks.

Sec. 717. Provisions for Removal — Notice

Requirements.
Sec. 718. Public Nuisance Declared.

Sec. 719. Penalty Provision Not

Applicable.

Sec. 720. Severability.

SEC. 715. DEFINITIONS.

(a) "Person" is an individual, firm, partner-
ship, joint adventure, association, social club,
fraternal organization, joint stock company, cor-
poration, estate, trust, business trust, receiver,
trustee, syndicate, or any other group or combi-
nation acting as a unit, excepting the United
States of America, the State of California, or any
political subdivision thereof.

(b) "Street" is a way or place of whatever
nature, publicly maintained and open to the use
of the public.

(c) "Sidewalk" is that portion of a street
other than the roadway, set apart by curbs,
barriers, markings or other delineation for pe-
destrian traffic.

(d) "Newsrack" is any self-service or coin-
operated box, container, storage unit, or other
dispenser installed, used, or maintained for the
display and sale of newspapers or news periodi-
cals. (Added by Ord. 66-75, App. 3/7/75)

SEC. 716. NEWSRACKS ON SIDEWALKS.

No person shall sell, offer for sale, or keep or
maintain any newspaper or news periodical in
any newsrack located on any public sidewalk or
street in such a manner as to expose to the public
view any photograph, cartoon or drawing, con-
tained within such publication, displaying any of
the following:

(1) The genitals, pubic hair, buttocks, natal
cleft, perineum, anal region or pubic hair region
of any person other than a child under the age of
puberty;

(2) Any portion of the breast, at or below
the areola thereof, of any female person, other
than a child under the age of puberty. (Added by
Ord. 66-75, App. 3/7/75)

SEC. 717. PROVISIONS FOR
REMOVAL— NOTICE REQUIREMENTS.

Any newsrack installed, used or maintained
in violation of the provisions of this Article shall
be removed to a place of storage by the Chief of
Police or any officer or employee designated by
him. Within 24 hours after the seizure of the
newsrack, Saturdays, Sundays and holidays ex-
cluded, the Chief of Police shall notify the owner
by certified mail of the removal of the newsrack
at the address affixed thereto; if no address or
telephone number is affixed to the newsrack, the
Chief of Police shall make such notification as is
reasonably indicated by the contents of the news-
rack. Upon failure of the owner to claim such
newsrack and pay the expenses of removal and
storage within 30 days after such removal, said
newsrack shall be disposed of pursuant to the
provisions of Section 1400 of Part II, Chapter
VIII of the San Francisco Municipal Code (Police
Code). (Added by Ord. 66-75, App. 3/7/75)

SEC. 718. PUBLIC NUISANCE
DECLARED.

The Board of Supervisors of the City and
County of San Francisco finds and declares that
the maintenance of newsracks on public side-
walks and parkways containing newspapers and
news periodicals that contain photographs and
drawings, visible to the public view while in said
newsracks, of those portions of nude human
bodies as specified in Section 716 of the San
Francisco Police Code, constitutes a public nui-
sance upon the sidewalks and parkways of said
City and County, and the ready availability of
such creates a condition wherein enforcement of
the Penal Code of the State of California regard-

435

Sec. 718. San Francisco ■ Police Code 436

ing the sale of harmful matter to minors becomes
extremely difficult, and the City and County,
through its law enforcement agencies, is unable
to enforce the provisions of the Penal Code
relating to harmful matter as it should be en-
forced. (Added by Ord. 66-75, App. 3/7/75)

SEC. 719. PENALTY PROVISION NOT
APPLICABLE.

Section 16 of Ordinance No. 1.075 (Bill No.
1734) shall not apply to the provisions of this
Article. (Added by Ord. 66-75, App. 3/7/75)

SEC. 720. SEVERABILITY.

If any section, subsection, subdivision, para-
graph, 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 de-
clares 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, sub-
divisions, paragraphs, sentences, clauses or
phrases be declared unconstitutional or invalid
or ineffective. (Added by Ord. 66-75, App. 3/7/75)

[The next page is 441]

ARTICLE 10.2: REGULATION OF COMPUTER RENTAL BUSINESSES

Sec. 750. Operating Conditions for

Computer Rental Businesses.

Sec. 751. Signage.

Sec. 752. Penalty.

Sec. 753. Severability; Savings Clause.

SEC. 750. OPERATING CONDITIONS
FOR COMPUTER RENTAL BUSINESSES.

Any person who owns or operates ("Opera-
tor") a business the primary operations of which
are for the on-premises rental of computer time
("Computer Rental Business") shall comply with
the mandatory conditions and standards set forth
in this Section. For purposes of this section, the
on-premises rental of computer time shall be
deemed to be the primary operations of the
business if 90% or more of its annual gross
revenue is derived from the on-premises rental
of computers.

(a) An operator of a Computer Rental Busi-
ness may not knowingly rent or allow the
operator's employees to knowingly rent joysticks,
game pads, or other game controllers, or rent
time on a computer for purposes of playing
computer games, to any person under the age of
17 ("minor") during the school year from the day
after Labor Day to Memorial Day, Monday through
Friday, except legal holidays, between the hours
of 8:00 a.m. and 3:00 p.m., and between the
hours of 11:00 p.m. and 8:00 a.m. on all days
preceding school days. For purposes of this sec-
tion, "computer games" shall mean hardware
and computer programs and associated data
capable of generating a display on a computer
monitor, television screen, liquid crystal display
or similar medium for playing an interactive
game designed for recreational or entertainment
purposes. This section shall not apply if the
minor is accompanied by a parent, legal guard-
ian or authorized agent of the School District or
school in which the minor is enrolled, or the
minor provides verifiable documentation from
the School District or school that he or she is not
scheduled to be attending classes at that time.

(b) All Computer Rental Businesses shall
employ or provide adult attendants or supervi-
sors, age 18 or over, at a ratio of not less than one
attendant/supervisor for each 25 computers. The
attendants/supervisors shall supervise the pa-
trons on and about the premises to prevent
conduct by patrons that is injurious to the health,
safety and general welfare of other patrons and
the public.

(c) An operator of a Computer Rental Busi-
ness may not maintain a waiting list in excess of
the seating capacity of its waiting area.

(d) An operator of a Computer Rental Busi-
ness shall post the hours of operation and com-
puter rental rates in a conspicuous place.

(e) Members of the Police Department shall
have access to any Computer Rental Business
regulated by this Section at any and all times the
business is in operation, and may inspect the
premises to ensure compliance with this Section.

(f) Nothing in this Article may be construed
to prohibit any person operating a Computer
Rental Business from obtaining an extended
hours premises permit pursuant to Article 15.2
of the Police Code. (Added by Ord. 40-05, File No.
041488, App. 2/26/2005)

SEC. 751. SIGNAGE.

An operator of a Computer Rental Business
may post a sign or signs on or in the immediate
vicinity of the cash register stating "MINORS
NOT ALLOWED DURING SCHOOL HOURS
FOR PURPOSES OF PLAYING COMPUTER
GAMES" or words of similar meaning, which
sign may refer to this ordinance. (Added by Ord.
40-05, File No. 041488, App. 2/26/2005)

SEC. 752. PENALTY.

Any person who violates any provision of
Section 750 shall be guilty of an infraction, the
penalty for which shall be as follows:

(a) A fine of $100 for the first violation;

441

Sec. 752. San Francisco - Police Code 442

(b) A fine of $250 for a second violation
occurring within six months of a prior violation;
and

(c) A fine of $750 for a third and each
subsequent violation occurring within six months
of a prior violation. (Added by Ord. 40-05, File
No. 041488, App. 2/26/2005)

SEC. 753. SEVERABILITY; SAVINGS
CLAUSE.

If any section, subsection, subdivision, para-
graph, 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. The Board of
Supervisors hereby declares that it would have
passed each section, subsection, subdivision, para-
graph, clause and phrase thereof irrespective of
whether any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses or
phrases be held unconstitutional or invalid or
ineffective. (Added by Ord. 40-05, File No. 041488,
App. 2/26/2005)

[The next page is 449]

ARTICLE 11: REGULATIONS FOR AMUSEMENTS

Sec.
Sec.

766.
770.

Penalty.

Providing for Permits For

Operators of Miniature Golf

Courses.

Sec.
Sec.

770.1.

771.

Filing Fee.

"Miniature Golf Course"

Defined.

Sec.
Sec.

772.
773.

Regulations by Department of

Electricity.

Regulations For Operation of

Miniature Golf Course.

Sec.

774.

Revocation of Permit.

Sec.
Sec.
Sec.

775.
777.
778.

Closing Time.
Radio Regulations.
License Fee.

Sec.

779.

Construction Permit.

Sec.
Sec.

780.
781.

Posting.
Penalty.

Sec. 748.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

Sec. 764.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

Sec. 765.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

SEC. 766. PENALTY.

Any person who shall violate the provisions
of Sections 764 and 765 of this Article shall be
guilty of a misdemeanor, and, upon conviction,
shall be punishable by a fine of not less than $10
nor more than $25, or imprisonment in the
County Jail not less than two days nor more than
10 days, or by both such fine and imprisonment.
(Added by Ord. 1.075, App. 10/11/38)

SEC. 770. PROVIDING FOR PERMITS
FOR OPERATORS OF MINIATURE GOLF
COURSES.

Any person, firm or corporation hereafter
desiring to establish, conduct or operate a min-
iature golf course shall file a written application
with the Police Department, which application
shall state the name and address of the applicant
and the proposed location of said miniature golf
course and whether same is to be conducted
indoors or outdoors.

The Police Department, in its discretion, af-
ter posting notice of said application upon the
premises for not less than 10 days, may issue, or
deny, permits to establish, conduct and operate
miniature golf courses, and such permits shall be
revocable by said Department as hereinafter
provided. Permits shall not be transferred with-
out application to and approval by the Police
Department. (Added by Ord. 1.075, App. 10/11/
38)

SEC. 770.1. FILING FEE.

Every person, firm or corporation desiring a
permit pursuant to Section 770 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. 771. "MINIATURE GOLF COURSE"
DEFINED.

The term "Miniature Golf Course" as used in
Sections 770 to 780, inclusive, of this Article,
shall include putting courses, golf practice courses,
golf nets and golf schools. (Added by Ord. 1.075,
App. 10/11/38)

SEC. 772. REGULATIONS BY
DEPARTMENT OF ELECTRICITY.

In addition to the inspection of the electrical
installation the Department of Electricity is hereby
authorized to regulate the placing and erecting

449

Sec. 772.

San Francisco - Police Code

450

of all flood lights, reflector lights and all lighting
units on miniature golf courses now existing or
hereafter established to prevent objectionable
glare being thrown directly upon any street or
thoroughfare, window or door of any hotel, apart-
ment, fiat, residence, hospital, or any other struc-
ture which would constitute a nuisance or endan-
ger life. (Added by Ord. 1.075, App. 10/11/38)

SEC. 773. REGULATIONS FOR
OPERATION OF MINIATURE GOLF
COURSE.

No person attending or playing upon any
miniature golf course shall thereon cause, and no
person, firm or corporation owning, conducting
or operating any miniature golf course, shall
permit or suffer thereon to be caused, any loud,
boisterous, unusual or disorderly noise, sound,
tumult, or outcry. Any noise, sound or outcry
occurring between 10:00 p.m. and 9:00 a.m. and
capable of being heard more than 26 feet from
the exterior boundaries of any miniature golf
course is hereby declared to be, and shall be
conclusively determined to be, loud, boisterous,
unusual and disorderly. In any prosecution for a
violation of Sections 770 to 780, inclusive, of this
Article, or in any proceeding for a revocation of
permit, as hereinafter provided, the establish-
ment of the fact of any such noise, sound or
outcry as herein defined, shall conclusively im-
pute responsibility therefor to the person, firm or
corporation owning, operating or conducting said
miniature golf course and it shall be conclusively
determined therefrom that said noise, sound or
outcry was permitted or suffered to be caused by
said person, firm or corporation. (Added by Ord.
1.075, App. 10/11/38)

SEC. 774. REVOCATION OF PERMIT.

In the event of any violation of Sections 770
to 780, inclusive, of this Article, or in the event of
any conduct, maintenance or operation of any
miniature golf course in such manner as to
disturb the peace, constitute a nuisance, depre-
ciate the value of any hotel, apartment, rooming-
house, flat, residence or hospital or as to annoy
or disturb any roomer, lessee, tenant or occupant
therein, the Police Department shall have power,

upon hearing to show cause, to revoke any per-
mit issued by it for the operation of any minia-
ture golf course. (Added by Ord. 1.075, App.
10/11/38)

SEC. 775. CLOSING TIME.

All outdoor miniature golf courses within 100
feet of any occupied hotel, apartment house,
rooming house, flat, residence, hospital or other
dwelling, shall be closed between the hours of
12:00 p.m. and 7:00 a.m. The foregoing closing
limitations shall not apply to any outdoor min-
iature golf course as to which the owners or
operators thereof shall have procured from all
owners and lessees of any occupied hotel, apart-
ment house, rooming house, flat, residence, hos-
pital, and other dwelling situated within 100 feet
of the exterior boundaries of said golf course, the
written consents of said owners and lessees to
the continued operation of such golf course after
the closing hours herein provided, and said con-
sents shall have been filed with the Police De-
partment. During the hours which said outdoor
courses must remain closed as herein designated
all illuminating devices shall remain turned off.
(Added by Ord. 1.075, App. 10/11/38)

Sec. 776.

(Added by Ord. 1.075, App. 10/11/38; repealed by

Ord. 14-02, File No. 011845, App. 2/8/2002)

SEC. 777. RADIO REGULATIONS.

All radios, sound amplifiers, phonographs or
other music producing apparatus shall be turned
off or stopped on outdoor miniature golf courses
between 10:00 p.m. and 10:00 a.m. (Added by
Ord. 1.075, App. 10/11/38)

SEC. 778. LICENSE FEE.

On presentation of a permit to operate a
miniature golf course the Tax Collector is hereby
authorized to issue a license for said miniature
golf course upon payment of the license fee,
annually in advance for each fiscal year com-
mencing on the first day of July. (Amended by
Ord. 555-81, App. 11/12/81)

451 Regulations for Amusements Sec. 781.

SEC. 779. CONSTRUCTION PERMIT.

No permit shall be granted by the Police
Department until and after applicant has ob-
tained a construction permit from the Director of
Public Works. (Added by Ord. 1.075, App. 10/11/
38)

SEC. 780. POSTING.

A copy of Sections 770 to 781, inclusive, of
this Article shall be posted and maintained in a
conspicuous place on such golf course. (Added by
Ord. 1.075, App. 10/11/38)

SEC. 781. PENALTY.

Any person, firm or corporation violating any
of the provisions of Sections 770 to 780, inclu-
sive, of this Article, shall be deemed guilty of a
misdemeanor, and, upon conviction thereof, shall
be punishable by a fine not to exceed $250, or by
imprisonment in the County Jail not exceeding
90 days, or by both such fine and imprisonment.
(Added by Ord. 1.075, App. 10/11/38)

Sec. 781. San Francisco - Police Code 452

[The next page is 461]

ARTICLE 11.1: COMMERCIAL DISPLAY OF DEAD HUMAN BODIES

Sec. 788. Commercial Display of Dead

Human Bodies.

SEC. 788. COMMERCIAL DISPLAY OF
DEAD HUMAN BODIES.

(a) It shall be unlawful to display to the
public all or part of a dead human body or bodies
for consideration or commercial purposes with-
out valid written authorization from the de-
ceased, which consent may be given in the last
will of the deceased, or by a person who has the
right to control the disposition of the remains
pursuant to California Health and Safety Code
Sections 7100 et seq., as amended, or any suc-
cessor legislation. The Director of Public Health
or the Director's designee shall determine the
adequacy of the documentation offered to estab-
lish consent.

(b) The provisions of this Section shall not
apply to the display of human remains:

(1) More than 100 years old;

(2) Consisting solely of human teeth or hair;

(3) As part of the ordinary display or view-
ing of the deceased at a licensed funeral estab-
lishment under Article 2, Chapter 12, Division 3
of the California Business and Professions Code
(beginning with Section 7615), as amended, or
any successor legislation, or as part of a similar
funeral or memorial service; or,

(4) As objects of religious veneration.

(c) Any human remains in the possession of
an institution accredited by the American Asso-
ciation of Museums, or in the possession of a
museum facility of an accredited college or uni-
versity, shall be presumed to be held in compli-
ance with this Section.

(d) Violation of this Section shall be a mis-
demeanor, punishable by imprisonment in the
county jail for a period not to exceed one year, a
fine not to exceed $1,000, or both. The City

Attorney may also bring a civil action to enjoin a
violation of this Section. (Added by Ord. 222-05,
File No. 051034, App. 9/9/2005)

461

Sec. 788. San Francisco - Police Code 462

[The next page is 469]

ARTICLE 11.2: REGULATIONS FOR ADULT THEATERS AND ADULT BOOKSTORES

PERMIT AND LICENSE PROVISIONS

Sec. 791. Definitions.

Sec. 791.1. Regulations of Signs.
Sec. 791.2. Visibility From the Street.
Sec. 791.3. Penalty — Misdemeanor or

Infraction.
Sec. 791.4. Effective Date.

SEC. 791. DEFINITIONS.

For the purpose of this Article, the following
words and phrases shall mean and include:

(a) Adult Bookstore. An establishment hav-
ing 25 percent or more of its total inventory or
product lines books, magazines or periodicals
which are distinguished or characterized by their
emphasis on matter depicting, describing or re-
lating to "Specified Sexual Activities" or "Speci-
fied Anatomical Areas" as defined herein, or an
establishment which devotes 25 percent or more
of its floor or display space to the sale or display
of such material. The term "product line" refers
to items which are all identical, such as numer-
ous copies of the same book or periodical.

(b) Adult Theater. A theater as defined
herein which is used more than 10 percent of its
presentation time, measured on an annual basis,
for the exhibition or display of entertainment
which is distinguished or characterized by an
emphasis on matter depicting, describing or re-
lating to "Specified Sexual Activities" or "Speci-
fied Anatomical Areas" as defined herein.

1 . Human genitals in a state of sexual stimu-
lation or arousal;

2. Acts of human masturbation, sexual in-
tercourse or sodomy;

3. Fondling or other erotic touching of hu-
man genitals, pubic region, buttock or female
breast.

(d) Specified Anatomical Areas.

1. Less than completely and opaquely cov-
ered

(a) Human genitals, pubic hair, buttock,
natal cleft, perineum, anal region, and

(b) Female breast at or below the areola
thereof; and

2. Human male genitals in a discernibly
turgid state, even if completely and opaquely
covered.

(e) Person. An individual, firm, partner-
ship, joint adventure, association, social club,
fraternal organization, joint stock company, cor-
poration, estate trust, business trust, receiver,
trustee, syndicate, or any other group or combi-
nation acting as a unit excepting the United
States of America, the State of California, and
any political subdivision of either thereof.

(f) Entertainment. Any act, play, revue,
pantomime, scene, song, dance act, or song and
dance act, conducted or participated in by one or
more persons, whether or not such person or
persons are compensated for such performance.

(g) Operator. Any person operating an adult
theater or an adult bookstore in the City and
County of San Francisco, including, but not
limited to, the owner or proprietor of such pre-
mises, lessee, sublessee, mortgagee in posses-
sion, or any other person operating such adult
theater or adult bookstore.

(h) Theater. A building or part of a building
intended to be used for the specific purposes of
presenting entertainment, as defined herein, or
displaying motion pictures, slides or closed cir-
cuit television pictures before an individual or
assemblage of persons, whether such assem-
blage be of a public, restricted or private nature,
except a home or private dwelling and for which
no fee, by way of an admission charge, is made.
(Amended by Ord. 99-85, App. 2/25/85)

469

Sec. 791.1.

San Francisco ■ Police Code

470

SEC. 791.1. REGULATIONS OF SIGNS.

It shall be unlawful for the operator of an
adult theater or adult bookstore in the City and
County of San Francisco to place or cause to be
placed or maintained in such a location as can be
viewed by persons on any public street, any sign
or signs, photographic, pictorial or other graphic
representations, that depict in whole or in part
the following:

(1) Acts or simulated acts of sexual inter-
course, masturbation, sodomy, bestiality, oral
copulation or flagellation.

(2) Scenes wherein a person displays the
vulva or the anus or the genitals.

(3) Scenes wherein artificial devices are em-
ployed to depict, or drawings are employed to
portray, any of the prohibited signs, photographs
or graphic representations described above.
(Amended by Ord. 99-85, App. 2/25/85)

(3) Upon a third conviction thereof, such
person shall be punished by a fine not to be less
than $400 nor to exceed $500;

(b) If charged as a misdemeanor the pen-
alty, upon conviction of such person, shall be by
imprisonment in the County Jail for a period not
to exceed six months or by a fine not exceeding
$1,000, or by both such fine and imprisonment;

(c) The complaint charging such violation
shall specify whether the violation charged is a
misdemeanor or an infraction. (Amended by Ord.
99-85, App. 2/25/85)

SEC. 791.4. EFFECTIVE DATE.

The provisions of this ordinance shall not
become effective until May 1, 1985. (Amended by
Ord. 99-85, App. 2/25/85)

SEC. 791.2. VISIBILITY FROM THE
STREET.

No operator of an adult theater or adult
bookstore in the City and County of San Fran-
cisco shall permit, or cause to be permitted, any
stock in trade which depicts, describes or relates
to "Specified Sexual Activities" or "Specified Ana-
tomical Areas," as defined herein, to be viewed
from the street, sidewalk or highway. (Amended
by Ord. 99-85, App. 2/25/85)

SEC. 791.3. PENALTY— MISDEMEANOR
OR INFRACTION.

Any operator of an adult theater or an adult
bookstore who knowingly violates or permits to
be violated any provision of this Article shall be
guilty of an infraction or a misdemeanor.

(a) If charged as an infraction the penalty
shall be as follows:

(1) Upon a first conviction thereof, such
person shall be punished by a fine not to be less
than $50 nor to exceed $500;

(2) Upon a second conviction thereof, such
person shall be punished by a fine not to be less
than $250 nor to exceed $500;

[The next page is 477]

ARTICLE 12: REGULATIONS FOR AUTOMOBILES

Sec. 795.

Sec. 800.

Sec. 801.
Sec. 806.

Sec. 812.1.

Sec. 817.
Sec. 822.

Sec. 825.
Sec. 825.1.

Sec. 826.

Sec. 831.

Sec. 832.

Sec. 835.

Sec. 835.5.

Sec. 836.

Sec. 837.

Sec. 837.5.

Requiring Repairers and Storers
of Damaged Automobiles and
Public Garages to Keep Records
Thereof.

Requiring Private Garages on
Sidewalk Lines to Have
Suitable Doors and Locks.
Doors to be Latched — Exception.
Requiring Owners of Private
Garages to Report Motor
Vehicles Stored Therein.
Requiring Keepers of Garages,
Lots and Trailer Parks to
Report Motor Vehicles Stored
Therein When Ownership of
Vehicle is Unknown.
Requiring Wreckers of Motor
Vehicles to Keep Records.
Purchase, Sale, Possession of
Motor Vehicle Tires Without
Identification Marks Prohibited.
Duties of Person in Charge of
Garage or Parking Lot.
Requiring Private Parking Lots
to Provide Adequate Lighting or
a Security Guard.
Conditions for Acceptance for
Storage or Parking.
Exception as to Disabled Motor
Vehicle.

Notice of Charges to be Posted.
Receipt for Vehicle.
Fixed Location Valet Parking
and Special Event Valet
Parking Permits.
Application for Permits.
Investigation, Hearing and
Issuance of Permits.
Permit Revocation.
Rules and Regulations;
Additional Requirements.

Sec. 838. Requirements For Permittee's

Employees.
Sec. 838.5. Conformance With Applicable

Laws.
Sec. 839. Severability.

SEC. 795. REQUIRING REPAIRERS AND
STORERS OF DAMAGED AUTOMOBILES
AND PUBLIC GARAGES TO KEEP
RECORDS THEREOF.

Every person, firm or corporation engaged
within the City and County of San Francisco in
the business of repairing automobiles and every
person, firm or corporation conducting a public
garage and every person, firm, corporation en-
gaged in the storage of automobiles shall keep a
record of the receipt for repair or storage of every
damaged, partly demolished or injured automo-
bile, which shall at all times be open to the
inspection of the Chief of Police or any officer
detailed by him. Such record shall contain the
name and address of the person, firm or corpo-
ration from whom such automobile was pur-
chased or taken in exchange or for storage or to
whom sold, the name and make, state license
number, motor numbers, style and seating capac-
ity thereof, a full and complete description of the
damages, demolition or injury and the cause and
date thereof and the name and address of the
owner thereof as ascertained from the person,
firm or corporation from whom such automobile
was received. Said record shall be written in the
English language in a clear and legible manner.
(Added by Ord. 1.075, App. 10/11/38)

SEC. 800. REQUIRING PRIVATE
GARAGES ON SIDEWALK LINES TO
HAVE SUITABLE DOORS AND LOCKS.

All private automobile garages having en-
trances at the sidewalk line shall have well
constructed doors and suitable locks. (Added by
Ord. 1.075, App. 10/11/38)

477

Sec. 801.

San Francisco - Police Code

478

SEC. 801. DOORS TO BE LATCHED—
EXCEPTION.

The doors of all private automobile garages
as described in Section 800 of this Article shall be
kept closed and securely latched, except when
occupied by some person authorized to be in said
garage or when said doors are opened to permit
the entrance or exit of an automobile. (Added by
Ord. 1.075, App. 10/11/38)

SEC. 806. REQUIRING OWNERS OF
PRIVATE GARAGES TO REPORT MOTOR
VEHICLES STORED THEREIN.

Every person, firm or corporation having the
ownership, charge or custody of any building or
premises used for the purpose of a private garage
shall, whenever said garage or premises are used
or occupied for the storage of any automobile,
motor vehicle, motorcycle or automobile accesso-
ries of any kind or description, not his own,
within 24 hours report such fact in writing to the
Chief of Police of the City and County of San
Francisco together with the names and ad-
dresses of the person, firm or corporation so
using the same. (Added by Ord. 1.075, App.
10/11/38)

SEC. 812.1. REQUIRING KEEPERS OF
GARAGES, LOTS AND TRAILER PARKS
TO REPORT MOTOR VEHICLES STORED
THEREIN WHEN OWNERSHIP OF
VEHICLE IS UNKNOWN.

Whenever any vehicle of a type required to be
registered under the California Vehicle Code has
been stored or parked in a garage, or lot or trailer
park, for 10 days, and the ownership of said
vehicle is unknown to the keeper thereof, said
keeper shall thereupon report the presence of
said vehicle in writing to the Chief of Police of
the City and County of San Francisco within 48
hours. (Added by Ord. 6345, Series of 1939, App.
11/22/50)

SEC. 817. REQUIRING WRECKERS OF
MOTOR VEHICLES TO KEEP RECORDS.

Every person, firm or corporation engaged in
the business of wrecking automobiles, motor
vehicles or motorcycles shall keep a record of the

wrecking 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 receipt of such automobiles, mo-
tor vehicles or motorcycles make out and deliver
to the Chief of Police a full and complete record of
the description of such automobile, motor vehicle
or motorcycle, such description to show the name
of the person from whom purchased, or received,
the make, state license number, motor number,
body number, manufacturer's number, generator
number, starter number, carburetor number, mag-
neto number, storage battery number, radiator
number and speedometer number or any other
serial number, or any other mark of identifica-
tion whatsoever, style and seating capacity of
such automobile, motor vehicle, or motorcycle.
Said report shall be written in the English lan-
guage in a clear and legible manner on blanks
furnished by the Chief of Police. (Added by Ord.
1.075, App. 10/11/38)

SEC. 822. PURCHASE, SALE,
POSSESSION OF MOTOR VEHICLE
TIRES WITHOUT IDENTIFICATION
MARKS PROHIBITED.

Any person, firm or corporation who buys,
sells, receives, disposes of, conceals, or know-
ingly has in his possession any automobile tire or
casing, motor vehicle tire or casing, motorcycle
tire or casing from which identification marks
have been obliterated or removed, defaced or
changed, covered or destroyed, either in whole or
in part, for the purpose of depriving the owner
thereof of his property right therein, shall be
guilty of a misdemeanor. (Added by Ord. 1.075,
App. 10/11/38)

SEC. 825. DUTIES OF PERSON IN
CHARGE OF GARAGE OR PARKING LOT.

Whenever any owner or operator of any mo-
tor vehicle offers the same for storage, temporary
or permanent, in any public garage or parking
lot in the City and County of San Francisco it
shall be the duty of the owner or proprietor of
said garage or parking lot to care for said motor
vehicle in said garage or parking lot. If the
garage or parking lot is incapable of receiving or

479

Regulations for Automobiles

Sec. 832.

storing any additional motor vehicles and if that
fact is known to the owner or proprietor of said
garage or parking lot, it shall be the duty of said
owner or proprietor to advise the owner or op-
erator of said motor vehicle that the garage or
parking lot cannot receive, care for, or store said
motor vehicle. If, with the consent of the owner
or operator of said motor vehicle, the owner or
proprietor of said garage or parking lot accepts
the storage or parking of the motor vehicle, it
shall be the duty of said owner or proprietor to
store or park the motor vehicle in the nearest
garage or parking lot in which storage space is
available unless otherwise directed by the owner
or operator of said motor vehicle. It shall be the
duty of the owner of proprietor of said garage or
parking lot at which said motor vehicle is offered
for storage or parking, when called upon to so do,
to return said motor vehicle to the owner or
operator thereof who offered the same for stor-
age or parking at the garage or parking lot where
the same was offered for storage or parking. It
shall be unlawful for the owner or proprietor of
any garage or parking lot at which any motor
vehicle is offered for storage or parking to park,
or permit the same to be parked, on any public
street, square, alley or other public place; pro-
vided, however, that nothing in this Article shall
prevent the owner or proprietor of any garage or
parking lot from storing said motor vehicle in
any other garage or parking lot owned by him or
her or under his or her control. (Amended by
Ord. 156-85, App. 3/28/85)

SEC. 825.1. REQUIRING PRIVATE
PARKING LOTS TO PROVIDE ADEQUATE
LIGHTING OR A SECURITY GUARD.

It shall be the duty of every owner or propri-
etor of a private parking lot in the City and
County of San Francisco providing parking fa-
cilities to the general public for a fee to provide
either lighting to one candle foot power adequate
to illuminate the entire lot or a security guard
between the hours of dusk and 2:30 a.m. Each
owner or proprietor shall have two years from
the effective date of this ordinance, or until their
lease is renewed, whichever comes first, to com-
ply with the requirements of this Section. (Added
by Ord. 73-86, App. ' 3/14/86; amended by Ord.
248-87, App. 7/2/87)

SEC. 826. CONDITIONS FOR
ACCEPTANCE FOR STORAGE OR
PARKING.

No owner or proprietor of any garage or
parking lot shall accept the storage or parking of
any motor vehicle in any garage or parking lot
unless the motor vehicle is offered for storage or
parking by the owner or operator thereof, except
when the motor vehicle is offered for storage or
care through any hotel at which the owner or
operator of said motor vehicle is, or is about to
become, a bona fide guest or the motor vehicle is
offered for storage or parking by any authorized
employee of the holder of a fixed location valet
parking permit or special event valet parking
permit as provided for in this Article. No permit
holder shall act as a solicitor for the storage or
parking of motor vehicles except with the writ-
ten authorization of the owner or proprietor of
the garage or parking lot in which said motor
vehicle is to be stored or parked. Said written
authorization shall be maintained throughout
the life of the permit. (Amended by Ord. 156-85,
App. 3/28/85)

SEC. 831. EXCEPTION AS TO DISABLED
MOTOR VEHICLE.

Nothing in Sections 825 to 832, inclusive, of
this Article shall apply to the parking or storage,
or to the soliciting of the parking or storage, of
disabled motor vehicles. (Added by Ord. 151,
Series of 1939, App. 5/9/39)

SEC. 832. NOTICE OF CHARGES TO BE
POSTED. RECEIPT FOR VEHICLE.

The owner or proprietor of any garage or
parking lot shall at all times keep posted in a
conspicuous place in said garage or on said
parking lot a list of the charges to be made for
the storage or parking of any motor vehicle, and
said owner or proprietor shall not charge any
higher price, rate or fee for the storing or parking
of any motor vehicle than the price so listed.
Every solicitor for the storage or parking of any
motor vehicle shall, on request of the owner or
operator thereof, give to said owner or operator
of said motor vehicle accepted for storage or
parking, a receipt for said motor vehicle accepted

Sec. 832.

San Francisco - Police Code

480

for storage or parking, which said receipt shall
show the name and location of the garage or
parking lot in which said motor vehicle is to be
stored or parked. (Added by Ord. 151, Series of
1939, App. 5/9/39)

SEC. 835. FIXED LOCATION VALET
PARKING AND SPECIAL EVENT VALET
PARKING PERMITS.

No corporation, partnership or other busi-
ness entity or employee thereof shall 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 and unrevoked valet parking per-
mit issued by the Chief of Police to so do.

(a) A fixed location valet parking permit
shall be required for any valet parking operator
who performs valet parking services at a restau-
rant 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) Any 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 loca-
tions 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 writ-
ten notice of the location, date and hours of each
special event valet parking operation which they
may thereafter perform, 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 park-
ing 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 twenty days
before the event, in which case appeal shall lie
only to the Chief of Police, or his or her desig-
nate.

No holder of a special event valet parking
permit may assess the owner or operator a motor
vehicle which it accepts for valet parking any fee
or other charge for its services. (Added by Ord.
156-85, App. 3/28/85)

SEC. 835.5. 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, shall be accompanied by a filing
fee as set forth in Section 2.26 of this Code, and
shall state: (1) the business name and address of
the corporation, partnership or other business
entity seeking the permit; (2) the names and
residence address of every officer or partner, and
of every owner of 10 percent or more of the
applicant entity; (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

481

Regulations for Automobiles

Sec. 836.

off-street parking location at which vehicles will
be parked and the number of parking spaces
available at that location; and (6) such other
information as the Chief of Police finds reason-
ably necessary to effectuate the purposes of this
ordinance. The applicant shall meet the follow-
ing insurance requirements throughout the term
of any issued under this ordinance:

(a) Workers' Compensation, with Employ-
ers 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 Insur-
ance 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 In-
surance 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 appli-
cable.

(d) Garagekeepers 1 Legal Liability Insur-
ance, including coverages for fire and explosion,
theft of the entire motor vehicle, riot, civil com-
motion, malicious mischief and vandalism, colli-
sion or upset with coverage limits to be deter-
mined by the average number of vehicles an
applicant parks on any given day in accordance
with the following schedule:

— 10 vehicles
11 — 15 vehicles
16 — 20 vehicles
21 — 25 vehicles
26—30 vehicles
31 — 35 vehicles
36 — 40 vehicles
41 — 45 vehicles
46+ vehicles

$100,000 limit of coverage
$150,000 limit of coverage
$200,000 limit of coverage
$250,000 limit of coverage
$300,000 limit of coverage
$350,000 limit of coverage
$400,000 limit of coverage
$450,000 limit of coverage
$500,000 limit of coverage

Comprehensive General Liability, Compre-
hensive Automobile Liability and Garagekeep-
ers' 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.

All policies shall be endorsed to provide that
30 days' advance written notice to the City of
cancellation, nonrenewal or reduction in cover-
age, 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 com-
mencing 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)

SEC. 836. INVESTIGATION, HEARING
AND ISSUANCE OF PERMITS.

The Chief of Police shall investigate all ap-
plications 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
business entity within four years prior to the
date of application, has been convicted of bur-
glary, robbery, theft, receipt of stolen property,
breaking or removing parts from a vehicle, ma-
licious mischief to a vehicle, unlawful use or
tampering by bailee of a vehicle, altering a

Sec. 836.

San Francisco - Police Code

482

vehicle identification, or any offense related to
the use of alcohol, narcotics or controlled sub-
stances; or

(b) That any owner, officer or partner of the
business entity has intentionally falsified any
statement contained in the application; or

(c) For fixed location permits, that the num-
ber 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 application of the license
fee(s), as set forth in Section 2.27 of this Code,
payable in advance.

The license(s) shall expire one year from the
date of issuance and shall be renewable thereaf-
ter upon an annual basis upon the filing with the
Tax Collector of a statement by the permittee
setting forth its current business address and
upon payment of the annual license fee. Begin-
ning January 1, 1986, licenses shall be renew-
able upon payment of the annual license fee
upon the first day of January of each calendar
year. Permittees shall pay a license fee prorated
to the length of time remaining in calendar year
1985 for all licenses issued prior to January 1,
1986. (Added by Ord. 156-85, App. 3/28/85)

SEC. 837. PERMIT REVOCATION.

The Chief of Police shall revoke a permit
issued hereunder if, after a hearing on the mat-
ter, he or she finds that grounds exist which
would have constituted just cause for refusal to
issue such permit, that the permittee has repeat-
edly parked vehicles under its control in a man-
ner 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)

SEC. 837.5. RULES AND REGULATIONS;
ADDITIONAL REQUIREMENTS.

The Chief of Police is hereby authorized to
promulgate rules and regulations after notice
hearing to effectuate the purposes of this ordi-
nance. Failure to comply with such rules and
regulations, or with any other requirements im-
posed by this ordinance, shall constitute grounds
for revocation of a permit.

The permittee shall have the permit(s) re-
quired 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.

The permittee shall, upon the receipt of each
motor vehicle accepted for valet parking, give to
the owner or operator a claim check for said
motor vehicle; said claim check shall show the
corporation or business name of the permittee
and shall explicitly state the terms and condi-
tions 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 ten 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)

SEC. 838. 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 and resi-
dence addresses and current driver's license num-

483 Regulations for Automobiles Sec. 839.

bers of all of its employees who perform valet
parking. Such list shall be maintained at the
business address listed on the permit applica-
tion, and shall be exhibited 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 836(a) to perform valet parking.

(c) Every employee who performs valet park-
ing shall wear conspicuously upon their person
throughout every valet parking event a num-
bered 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)

SEC. 838.5. CONFORMANCE WITH
APPLICABLE LAWS.

Nothing in this ordinance is intended to
authorize, or authorizes, the parking of motor
vehicles by valet parking operators in a manner
contrary to applicable state laws and local park-
ing and traffic regulations. (Added by Ord. 156-
85, App. 3/28/85)

SEC. 839. SEVERABILITY.

If any of the provisions of this ordinance or
the application of such provisions to any person
or circumstances shall be held invalid, the re-
mainder of this ordinance 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)

Sec. 839. San Francisco - Police Code 484

[The next page is 499]

ARTICLE 13: MISCELLANEOUS REGULATIONS
FOR PROFESSIONS AND TRADES

Sec.

840.

Carrying Firearms, Etc. —
Regulations Governing.

Sec.

841.

Carrying Firearms, Etc. —
Requirements.

Sec.

842.

Carrying Firearms, Etc. —
Penalty for Violation.

Sec.

843.

Saving Clause.

Sec.

850.

Regulating Sale of Secondhand
School Books.

Sec.

851.

Dealer to Obtain List of Books
and Keep Same Posted.

Sec.

852.

Sale of Text Books Under
Certain Conditions Prohibited.

Sec.

857.

Physicians, Etc., to Report
Injuries by Criminal Means.

Sec.

858.

Physician Practicing to Report.

Sec.

859.

Exceptions.

Sec.

864.

Regulating Peddlers in Front of
Certain Entrances.

Sec.

864.1.

Penalty.

Sec.

869.

Permit Required.

Sec.

869.1.

Penalty.

Sec.

869.2.

Limitation on Issuance of
Permits.

Sec.

869.3.

Location Restrictions.

Sec.

869.4.

Peddler Permit to Natural
Person Only.

Sec.

869.5.

Peddler to Personally Peddle.

Sec.

869.6.

Log to be Maintained.

Sec.

869.7.

Application for Peddler Permit.

Sec.

869.8.

Inspection by Health
Department.

Sec.

869.9.

Peddler Employee.

Sec.

869.10.

Operation of Peddler Employee.

Sec.

869.11.

Fees — Peddler and Peddler
Employee.

Sec.

869.12.

Peddlers, Peddler Employees,
License Fee.

Sec.

869.13.

License Fees — Proration
Schedule — Date Payable.

Sec.

869.14.

Peddlers, Free.

Sec.

869.15.

Identification Card.

Sec.

869.16.

Rules and Regulations by Chief
of Police or Director of Public
Health.

Sec.

869.17.

Suspension and Revocation of
Permit.

Sec.

869.18.

Severability.

Sec.

870.

Peddling Where Sign "No
Peddlers" Displayed Prohibited.

Sec.

875.

Requiring Movers to Notify
Landlords.

Sec.

876.

Penalty.

Sec.

889.

Requiring Red Lights Placed at
Fire Escapes.

Sec.

890.

Owner to Place White Light in
Hallway.

Sec.

891.

Chief of Police to Enforce.

Sec.

892.

Penalty.

Sec.

895.

Permit Required.

Sec.

896.

Gatherers, Junk.

Sec.

897.

Providing for Badges for Junk
Gatherers.

Sec.

898.

Junk Gatherers Required to
Wear Badges.

Sec.

900.

Definitions.

Sec.

901.

Item Prices.

Sec.

902.

Penalty.

Sec.

903.

Injunctive Relief.

Sec.

904.

Severability.

Sec.

911.

Defining Public Rooms.

Sec.

912.

Loitering in Public Rooms
Prohibited.

Sec.

913.

Unauthorized Use of Public
Rooms Prohibited.

Sec.

914.

Penalty.

Sec.

919.

Requiring Operators of Hotels,

499

San Francisco - Police Code

500

Sec. 919.1.

Sec.

920.

Sec.

921.

Sec.

924.

Sec.

925.

Sec.

926.

Sec.

927,

Sec.

928.

Sec.

929

Sec.

934

Sec.

939

Sec.

940

Sec.

944

Sec.

945

Sec.

946,

Sec.

947.

Sec.

948.

Sec.

949.

Sec.

954,

Sec.

955.

Motels, Auto Courts and

Furnished Apartment House

Keepers to Keep a Register of

Guests.

Prohibiting Residential Hotel

Operators from Charging Visitor

Fees; Limiting Residential Hotel

Restrictions on Visitors;

Violation is an Infraction.

Registering for Lodging

Accommodations Under

Fictitious Names Prohibited.

Penalty.

Fixing Rates, to be Charged for

Transportation of Personal

Baggage.

Excluded Territory — Rates.

Receivers to Give Check for

Baggage.

Delivery Within Reasonable

Time.

Principals Responsible.

Personal Baggage Defined.

Regulating Sale of Police

Badges.

Regulating Issuance of Press

Cards.

Penalty.

Sidewalk Elevator, Etc., Iron

Door, Etc., and Lock Required.

Mechanical Device for Stopping

Required.

Unlawful Openings Prohibited —

Kind of Metal Guards Required.

Night Opening, Lamps and

Guards Required For.

Trap-door, Kind of Metal

Guards Required For.

Trap-door, While Open, Guards

Required.

Sale of Merchandise on Ocean

Beach Prohibited.

Prohibited Soliciting Upon

Streets of Magazine

Subscriptions, Etc.

Sec.

959,

Sec.

960,

Sec.

961

Sec.

964

Sec.

969

Sec.

970

Sec.

971

Sec.

972

Sec.

973

Regulating Turning Off of Gas

Supply in Hotels and Dwellings.

Use of Defective Stop Cocks in

Hotels and Dwellings

Prohibited.

Penalty.

Crushing Rock, Etc., Within

Certain Hours, Etc., Prohibited.

Transportation Tickets —

Regulating Sale Of.

Regulations to be Posted.

Penalty.

Exceptions.

Prohibiting Solicitation of

Purchases of Food and Drink;

Declaring Penalties.

SEC. 840. CARRYING FIREARMS,
ETC.— REGULATIONS GOVERNING.

Any person who in the course of employment
or his livelihood carries a firearm or any other
deadly or dangerous weapons as defined by Sec-
tion 1291-A, Article 17, Chapter VIII, Part II of
the San Francisco Municipal Code, concealed or
unconcealed, shall register with the Chief of
Police in writing by signed statement, stating
the name, occupation, residence and business
address of the registrant, his age, height, weight,
color of eyes and hair, and reason desired to
carry such weapon, and shall submit therewith
two sets of fingerprints and one photograph.
(Added by Ord. 6350, Series of 1939, App. 11/22/
50)

SEC. 841. CARRYING FIREARMS,
ETC.— REQUIREMENTS.

Any person carrying a firearm or any other
deadly or dangerous weapon as defined by said
Section 1291-A, Article 17, Chapter VIII, of the
San Francisco Municipal Code, in the City and
County of San Francisco, must:

(1) Be at least 21 years of age;

(2) Be a citizen of the United States;

(3) Be of good moral character;

501

Miscellaneous Regulations for Professions and Trades

Sec. 858.

(4) Be able to manifest a knowledge of Sec-
tions 197, 834, 835, 837 and 847 of the Penal
Code of the State of California. (Added by Ord.
6350, Series of 1939, App. 11/12/50)

SEC. 842. CARRYING FIREARMS,
ETC.— PENALTY FOR VIOLATION.

Any person who shall violate any of the
provisions of Section 840 to 842 of this Article
shall be deemed guilty of a misdemeanor and
shall be punished by a fine of not exceeding $500,
or by imprisonment in the County Jail for not
exceeding six months, or by both such fine and
imprisonment. (Added by Ord. 6350, Series of
1939, App. 11/22/50)

SEC. 843. SAVING CLAUSE.

If any section, sentence, clause, or part of
Section 840 to 842 is for any reason held to be
unconstitutional, such decision shall not affect
the remaining portions of these sections. The
Board of Supervisors hereby declares that it
would have passed these sections and each sec-
tion, sentence, clause and part thereof, despite
the fact that one or more sections, sentences,
clauses or parts thereof are declared unconstitu-
tional. (Added by Ord. 6350, Series of 1939, App.
11/22/50)

SEC. 850. REGULATING SALE OF
SECONDHAND SCHOOL BOOKS.

It shall be unlawful for any person, firm or
corporation to purchase from any person, firm or
corporation any secondhand school text book or
books in use in any public or private school
without first obtaining from the principal or
administrative officer of the school where said
text books are in use his or her written state-
ment that the person offering the book for sale is
the lawful owner thereof, and as such owner is
free to make the sale. (Added by Ord. 1.075, App.
10/11/38)

SEC. 851. DEALER TO OBTAIN LIST OF
BOOKS AND KEEP SAME POSTED.

On or before the 20th day of July in each
year, every dealer in second-hand books must
apply to the office of the Board of Education and

receive from the Secretary of said Board a com-
plete list of all Public School Text Books to be
used in the public schools during the school year.
Said dealer shall post said list and keep it
conspicuously posted in his place of business
throughout the school year, for the inspection of
the police officers and others who may be inter-
ested in the sale and purchase of secondhand
school text books. (Added by Ord. 1.075, App.
10/11/38)

SEC. 852. SALE OF TEXT BOOKS
UNDER CERTAIN CONDITIONS
PROHIBITED.

It shall be unlawful for any dealer in second-
hand books to purchase or offer for sale any of
the text books referred to in the preceding sec-
tion, which are secondhand, without having first
obtained the list of books mentioned in Section
851 of this Article, and without conspicuously
posting it as required by Section 851 of this
Article. (Added by Ord. 1.075, App. 10/11/38)

SEC. 857. PHYSICIANS, ETC., TO
REPORT INJURIES BY CRIMINAL

MEANS.

It shall be the duty of every physician or
surgeon, superintendent, proprietor or other per-
son in charge of any public or private hospital or
sanitarium within the City and County of San
Francisco whenever any person has become an
inmate or patient of or has been brought into
such hospital or sanitorium suffering from any
wound or other injury by his own act or by the
act of another to report immediately to the Chief
of Police of said City and County of San Fran-
cisco the name of such inmate or patient, and all
facts appertaining to such case within the knowl-
edge of such physician or surgeon, superinten-
dent, proprietor or other person in charge of said
hospital or sanitarium. (Added by Ord. 1.075,
App. 10/11/38)

SEC. 858. PHYSICIAN PRACTICING TO
REPORT.

It shall be the duty of every physician or
surgeon practicing within the City and County of
San Francisco who is not the owner, proprietor,

Sec. 858.

San Francisco - Police Code

502

superintendent, or other person in charge of any
hospital or sanitarium who has under his charge
or care any patient or other person suffering
from any wound or injury by his own act or by
the act of another to report immediately to the
Chief of Police of said City and County of San
Francisco, the name of such patient or other
person and all facts appertaining to such case
within the knowledge of such physician or sur-
geon. (Added by Ord. 1.075, App. 10/11/38)

SEC. 859. EXCEPTIONS.

The provisions of Section 857 and 858 of this
Article shall not apply to any case wherein the
person wounded or injured has been brought to
the hospital or sanitarium or to the physician or
surgeon by any member of the Police Depart-
ment of the City and County of San Francisco.
(Added by Ord. 1.075, App. 10/11/38)

SEC. 864. REGULATING PEDDLERS IN
FRONT OF CERTAIN ENTRANCES.

It shall be unlawful for any peddler, huckster,
or vendor offish, vegetables, fruit, game, poultry,
groceries, produce, dairy products, wood, candy,
confectionery, racing tips and handicaps, tickets
to entertainments, excursions to picnics, goods,
wares and merchandise, to solicit patronage or to
sell his wares in front of any entrance, exit or
gangway of any ferry landing, wharf, depot,
theater, circus, hall or any place where people
are assembled, within 12 feet thereof. (Added by
Ord. 1.075, App. 10/11/38)

SEC. 864.1. PENALTY.

Any person who shall violate the provisions
of Section 864 of this Article shall be guilty of an
infraction or a misdemeanor. If charged as an
infraction, the penalty shall be as follows:

A. Upon a first conviction thereof, such per-
son shall be punished by a fine not to be less than
$50 nor to exceed $500.

B. Upon a second conviction thereof, such
person shall be punished by a fine not to be less
than $250 nor to exceed $500.

C. Upon a third conviction thereof, such
person shall be punished by a fine not to be less
than $400 nor to exceed $500.

If charged as a misdemeanor, the penalty
therefor shall be by imprisonment in the County
Jail not exceeding six months or a fine not
exceeding $500. The complaint charging such
violation shall specify whether the violation
charged is a misdemeanor or an infraction. (Added
by Ord. 383-78, App. 8/18/78)

SEC. 869. PERMIT REQUIRED.

Except as provided in Articles 24, 24.1 and
24.2 of this Code, it shall be unlawful for any
person to peddle goods, wares or merchandise, or
any article, material or substance, of whatsoever
kind, including persons selling fruits, vegetables,
fish, fowl, nuts and eggs on the public streets or
sidewalks of the City and County of San Fran-
cisco without first having obtained a permit from
the Chief of Police and having paid the fees and
been granted a license as required by law.

Excluded from the provisions of this Section
are property under the jurisdiction of the Recre-
ation and Park Commission of the City and
County of San Francisco, and the Board of Edu-
cation of the City and County of San Francisco
and areas designated by the Board of Supervi-
sors as places where a street artist certified
pursuant to initiative Ordinance 483-75, Propo-
sition L on the November 4, 1975 ballot, may
sell, offer for sale, expose for sale, or solicit offers
to purchase any craft or work of his or her own
creation.

Every person currently holding a peddler
permit pursuant to Section 869 of this Article
prior to the effective date of this ordinance is
hereby deemed to be holding a permit as re-
quired under this Section. (Amended by Ord.
270-82, App. 6/10/82)

SEC. 869.1. PENALTY.

(a) Any person who shall violate the provi-
sions of Sections 869 through 869.15 of this
Article shall be guilty of an infraction or a
misdemeanor. If charged as an infraction, the
penalty shall be as follows:

(1) Upon a first conviction thereof, such
person shall be punished by a fine not to be less
than $50 nor to exceed $500.

503

Miscellaneous Regulations for Professions and Trades

Sec. 869.3.

(2) Upon a second conviction thereof, such
person shall be punished by a fine not to be less
than $250 nor to exceed $500.

(3) Upon a third conviction thereof, such
person shall be punished by a fine not to be less
than $400 nor to exceed $500.

(b) In addition to the penalty set forth above
in Section 869.1(a), any person who shall violate
any provision of Sections 869 through 869.15
shall be subject to revocation or suspension of
any permit issued by the City and County, fol-
lowing adequate notice and a hearing before the
Chief of Police or a designate. (Amended by Ord.
270-82, App. 6/10/82)

SEC. 869.2. LIMITATION ON ISSUANCE
OF PERMITS.

(a) The Chief of Police may issue a permit
for a location, which location shall not be within
two blocks or 600 feet, whichever is greater, of an
established business which sells the same type of
food or other merchandise as intended by said
applicant, or of any location previously estab-
lished and currently being operated by a licensed
peddler selling the same type of food or other
merchandise as intended by said applicant.

(b) This ordinance does not apply to those
peddlers and street artists regulated by Articles
24, 24.1 and 24.2 of this Code. (Amended by Ord.
270-82, App. 6/10/82)

SEC. 869.3. LOCATION RESTRICTIONS.

The Chief of Police may issue a peddler
permit only when he finds that the following
location and time requirements are met:

(a) The location shall:

(1) Leave unobstructed for pedestrian pas-
sage on any sidewalk a space not less than 10
feet wide.

(2) Not occupy a space extending more than
4V2 feet from the curb line of any sidewalk, nor
wider than four feet nor extending more than
five feet above the sidewalk.

(3) Not be within 18 inches of the curb line
of any sidewalk.

(4) Not be closer than 7V2 feet from sprin-
kler inlets, and wet and dry standpipe inlets,
measured from the outer edge of the standpipe
bank from the building line to the sidewalk edge.

(5) Not be within 12 feet of the outer edge of
any entrance way to any building or facility used
by the public including but not limited to doors,
driveways and emergency exits measured in
each direction parallel to the building line and
thence at a 90 degree angle to the curb.

(6) Not be on any sidewalk adjacent to a
curb which has been duly designated pursuant to
local ordinance or regulation as a white, yellow,
blue, or red zone, or a bus zone.

(7) Not be within five feet of any crosswalk
or fire hydrant.

(8) Leave unobstructed fire escapes, under-
neath and perpendicular from the building to the
street, five feet from both ends of the fire escape.

(9) Not be within five feet of inflammable
liquid vents and fill pipes when tanks are not
being filled nor within 25 feet while tanks are
being filled.

(b) No peddler shall peddle goods, wares or
merchandise between the hours of 12:00 a.m.
(midnight) and 6:00 a.m. the following day.

(c) Notwithstanding any other provision of
this Code, no peddler or pushcart peddler, as
defined in Section 1330 of the San Francisco
Police Code, shall peddle goods, wares or mer-
chandise:

(1) In any "P" district, as defined in Section
234 of the City Planning Code (Part II, Chapter
II, San Francisco Municipal Code), located on
Twin Peaks or in any areas in or adjacent to
Open Space Districts located on Twin Peaks.

(2) On the north side of Jefferson Street
between Jones and Taylor. (Added by Ord. 270-
82, App. 6/10/82; amended by Ord. 204-87, App.
6/3/87; Ord. 317-87, App. 7/24/87; Ord. 294-90,
App. 8/1/90)

Sec. 869.4.

San Francisco - Police Code

504

SEC. 869.4. PEDDLER PERMIT TO
NATURAL PERSON ONLY.

No peddler permit granted pursuant to Sec-
tion 869 of this Article shall be issued except to
an individual natural person and in no event to
any business, firm, partnership or corporation.
No more than one permit shall be issued to any
one person. (Added by Ord. 270-82, App. 6/10/82)

SEC. 869.5.
PEDDLE.

PEDDLER TO PERSONALLY

No person shall be granted a peddler permit
pursuant to Section 869 of this Article unless the
applicant has declared under penalty of perjury
his or her intention to personally operate under
the permit for at least 50 percent of the actual
hours of operation. (Added by Ord. 270-82, App.
6/10/82)

SEC. 869.6. LOG TO BE MAINTAINED.

Every person who shall be granted a peddler
permit pursuant to Section 869 of this Article
shall maintain a log on a form approved by the
Chief of Police indicating the day, date and hours
of operation at the authorized location, including
the name of the person or persons operating
during those times. The log for the 30 previous
calendar days shall be kept in the possession of
the peddler or peddler employee at all times
while operating and shall be open to inspection
by any police officer or any Health Department
inspector of the City and County of San Fran-
cisco. Said log shall be retained by the peddler
for a period of one year. (Added by Ord. 270-82,
App. 6/10/82)

SEC. 869.7. APPLICATION FOR
PEDDLER PERMIT.

Every person desiring a peddler permit pur-
suant to Section 869 of this Article shall file an
application with the Chief of Police upon a form
provided by the Chief of Police requiring the
applicant to submit:

(a) Two photographs of the applicant l"xl"
in size.

(b) A statement of the specific location where
the applicant proposes to operate, the days of the
week, and time(s) of the day of intended opera-
tion, and the specific item or items to be sold,
which shall be the only item(s) sold under the
permit.

(d) Such other relevant information deemed
pertinent by the Chief of Police. (Added by Ord.
270-82, App. 6/10/82)

SEC. 869.8. INSPECTION BY HEALTH
DEPARTMENT.

No permit to peddle food products for human
consumption in the City and County of San
Francisco shall be granted unless the applicant
has been issued a Certificate of Sanitation by the
Director of Public Health. (Added by Ord. 270-
82, App. 6/10/82)

SEC. 869.9. PEDDLER EMPLOYEE.

No peddler may employ at any one time more
than one peddler employee. The only exception
to this prohibition is employment by a peddler of
persons who have peddler employee permits au-
thorizing employment by that peddler, which
permits were issued prior to the effective date of
this ordinance. Every person desiring a peddler
employee permit shall file an application with
the Chief of Police upon a form provided by said
Chief of Police. Application shall be accompanied
by:

(a) Signed statement from the permittee
peddler verifying his intention to employ the
applicant, and indicating specific location where
the peddler employee will peddle.

(b) Two photographs of the applicant l"xl"
in size.

(d) Such other relevant information deemed
pertinent by the Chief of Police. (Added by Ord.
270-82, App. 6/10/82)

505

Miscellaneous Regulations for Professions and Trades

Sec. 869.17.

SEC. 869.10. OPERATION OF PEDDLER
EMPLOYEE.

In no case shall the peddler employee oper-
ate, at the same time as the permit holder is
operating, at any location other than the location
at which the permit holder is operating. (Added
by Ord. 270-82, App. 6/10/82)

SEC. 869.11. FEES— PEDDLER AND
PEDDLER EMPLOYEE.

Every applicant for a peddler or peddler
employee permit shall pay a filing fee as speci-
fied in Section 2.26 of Part II, Chapter VIII of the
San Francisco Municipal Code (Police). (Added
by Ord. 270-82, App. 6/10/82)

SEC. 869.12. PEDDLERS, PEDDLER
EMPLOYEES, LICENSE FEE.

Every person granted a peddler permit or
peddler employee permit to peddle goods, wares"
or merchandise, or fish, vegetables or fruit, or
food products for human consumption, or any
other article in any manner, shall pay to the Tax
Collector an annual license fee, as specified in
Section 2.27 of Part II, Chapter VIII of the San
Francisco Police Code, payable in advance. In
calculating the fees earned herein by the Health
Department pursuant to the provisions of Sec-
tion 6.402 of the Charter of the City and County
of San Francisco, a percentage of the license fee
shall be credited to said Department pursuant to
the annual determination by the Controller as
provided by Section 2.21 of this Code. (Added by
Ord. 270-82, App. 6/10/82)

SEC. 869.13. LICENSE FEES—
PRORATION SCHEDULE— DATE
PAYABLE.

All licenses issued under the provisions of
Section 869.12 shall be due and payable, on a
calendar year basis, prorated with regard to the
calendar year on a monthly basis. (Added by
Ord. 270-82, App. 6/10/82)

SEC. 869.14. PEDDLERS, FREE.

The Tax Collector may issue a free or gratu-
itous license to a person liable to pay the license
tax required by Section 869.12 and set by Section

2.27 of this Code when the Chief of Police shall
have certified that it has been shown by good and
sufficient evidence that the person applying for
said license was a soldier, sailor or marine of the
United States who received an honorable dis-
charge or a release from active duty under hon-
orable conditions from such service or that he or
she is physically and absolutely unfitted to earn
a livelihood by any other means. (Added by Ord.
270-82, App. 6/10/82)

SEC. 869.15. IDENTIFICATION CARD.

The Chief of Police shall issue to each peddler
and peddler employee an identification card which
shall contain a photograph of the permittee with
the number of the permit in figures plainly
discernible. The Chief of Police shall determine
the manner and form of any other information
that may be placed upon this identification card.
Such identification card shall be in the posses-
sion of the peddler or peddler employee at all
times while operating, and shall be immediately
produced upon request to any police officer or
Health Department inspector. Peddlers and ped-
dler employees shall return to the Police Depart-
ment the identification card upon discontinu-
ance of operation, revocation or suspension of
permit, or upon termination of the peddler em-
ployee. (Added by Ord. 270-82, App. 6/10/82)

SEC. 869.16. RULES AND
REGULATIONS BY CHIEF OF POLICE
OR DIRECTOR OF PUBLIC HEALTH.

The Chief of Police or the Director of Public
Health may adopt, after a noticed public hear-
ing, rules and regulations supplemental to this
ordinance and not in conflict therewith. The
rules and regulations shall become effective 10
days following the adoption by either the Chief of
Police or the Director of Public Health. (Added by
Ord. 270-82, App. 6/10/82)

SEC. 869.17. SUSPENSION AND
REVOCATION OF PERMIT.

The Chief of Police may suspend or revoke
any peddler or peddler employee permit if he
finds, after a noticed public hearing, that any of
the following conditions exist:

(a) Fraud, misrepresentation or false state-
ment contained in the application for permit.

Sec. 869.17.

San Francisco - Police Code

506

(b) Violation of provisions of this Article or
the San Francisco Municipal Code regarding
peddling.

(d) Conviction of a felony if the crime was
committed during the time the permittee was
working under the permit or relates to the busi-
ness conducted under the permit and endangers
the health and safety of the public.

(e) Violations of provisions of the Municipal
Traffic Code or the California Vehicle Code, re-
lating to the operation of the permit.

(f) Conduct violating any City ordinance or
state statute which conduct occurred during the
time the permittee was working under the per-
mit or which conduct relates to the business
conducted under the permit and endangers the
health and safety of the public.

(g) Failure to pay the required license fee.

(h) Operation under the peddler's permit of
a business other than that for which the permit
was issued. (Added by Ord. 270-82, App. 6/10/82)

SEC. 869.18. SEVERABILITY.

If any section, subsection, subdivision, para-
graph, 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 de-
clares 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, sub-
divisions, paragraphs, sentences, clauses or
phrases be declared unconstitutional or invalid
or ineffective. (Added by Ord. 270-82, App. 6/10/
82)

SEC. 870. PEDDLING WHERE SIGN "NO
PEDDLERS" DISPLAYED PROHIBITED.

It shall be unlawful for any peddler, or any
person pretending to be a peddler, for the pur-
pose of selling or pretending to sell, goods, wares

or merchandise, or any article, material or sub-
stance of whatsoever kind, to ring the bell or
knock at the door of any residence or dwelling
whereon a sign bearing the words "No Peddlers"
or words of similar import, is painted or affixed
so as to be exposed to public view, or to peddle or
pretend to peddle goods, wares or merchandise,
or any article, material or substance, of whatso-
ever kind, in any building, whereon, or wherein a
sign bearing the words "No Peddlers," or words
of similar import, is painted or affixed so as to be
exposed to public view. (Added by Ord. 1.075,
App. 10/11/38)

SEC. 875. REQUIRING MOVERS TO
NOTIFY LANDLORDS.

It shall be unlawful for any person who is
operating or in charge of any moving van, furni-
ture car, transfer wagon, express wagon, deliv-
ery wagon, or any other vehicle engaged in
moving for hire, to remove any furniture, house-
hold goods, trunks, baggage or other personal
effects from any furnished apartment house where
there is on the premises a landlord, landlady,
manager, or other person in charge of such
apartment house without first notifying such
landlord, landlady, manager or other person in
charge of such apartment house that such furni-
ture, household goods, trunks, baggage or any
personal effects are about to be removed from
such premises. (Added by Ord. 1.075, App. 10/11/
38)

SEC. 876. PENALTY.

Any person violating any of the provisions of
Section 875 of this Article shall be guilty of a
misdemeanor, and, upon conviction thereof, shall
be subject to a fine not exceeding $100, or by
imprisonment in the County Jail for not more
than 30 days. (Added by Ord. 1.075, App. 10/11/
38)

SEC. 889. REQUIRING RED LIGHTS
PLACED AT FIRE ESCAPES.

Every person, firm or corporation, owner,
proprietor, manager, superintendent, lessee or
agent of any building used as a hotel, public
lodging house, public rooming house or apart-

507

Miscellaneous Regulations for Professions and Trades

Sec. 897.

ment house within the City and County of San
Francisco, shall place or cause to be placed in a
conspicuous position in every hallway thereof,
signs which shall indicate by letters, not less
than three inches in height, the location of every
fire escape and near every such sign there shall
be placed a red light, which must be kept burn-
ing from sunset to sunrise. (Added by Ord. 1.075,
App. 10/11/38)

SEC. 890. OWNER TO PLACE WHITE
LIGHT IN HALLWAY.

Every person, firm or corporation, owner,
proprietor, manager, superintendent, lessee or
agent of any building used as a hotel, public
lodging house, public rooming house or apart-
ment house within the City and County of San
Francisco, shall place or cause to be placed in
every hallway, and passageway, a bright white
light, capable of furnishing light enough to en-
able any person to see the stairway and exit from
said hallway and passageway, to guide them in
case of fire or panic to safety. Said white light
shall burn from sunset to sunrise. (Added by
Ord. 1.075, App. 10/11/38)

SEC. 891. CHIEF OF POLICE TO
ENFORCE.

It shall be the duty of the Chief of Police to
instruct all police officers to inspect all hotels,
public lodging houses, public rooming houses
and apartment houses on their respective beats
at least once a month during the hours of sunset
and sunrise, for the purpose of seeing that the
provisions of Section 889 and 890 of this Article
are strictly complied with. (Added by Ord. 1.075,
App. 10/11/38)

SEC. 892. PENALTY.

Every person, firm or corporation, owner,
proprietor, manager, superintendent, lessee or
agent who shall violate or refuse to comply with
the provisions of Sections 889 and 890 of this
Article shall be guilty of a misdemeanor and
upon conviction thereof shall be punished by a
fine of not less than $10 nor more than $100, or
by imprisonment in the County Jail for not more
than three months, or by both such fine and

imprisonment; and each such person, firm or
corporation, owner, proprietor, manager, super-
intendent, lessee or agent shall be deemed guilty
of a separate offense for every day such violation,
or refusal shall continue, and shall be subject to
the penalty imposed by this Section for each and
every such separate offense. (Added by Ord.
1.075, App. 10/11/38)

SEC. 895. PERMIT REQUIRED.

(a) It shall be unlawful to engage in busi-
ness as a junk gatherer either buying, selling,
collecting or exchanging junk from vehicles or in
any other manner upon the streets of the City
and County of San Francisco without first hav-
ing obtained a permit therefor from the Chief of
Police.

(b) Applications for junk gatherer permits
shall be filed with the Chief of Police on a form
provided for said permit together with a nonre-
fundable fee. (Added by Ord. 555-81, App. 11/12/
81)

SEC. 896. GATHERERS, JUNK.

Every person, firm or corporation engaged in
the business or occupation of gathering junk in
the City and County of San Francisco and who is
not required to pay a license fee under the
provisions of Article 13.1 of this Code shall pay
an annual license fee, payable in advance and
subject to a monthly pro rata if not applied for on
the first day of any calendar year. (Added by Ord.
555-81, App. 11/12/81)

SEC. 897. PROVIDING FOR BADGES
FOR JUNK GATHERERS.

Every person required to obtain a permit and
license pursuant to Section 895 and 896 of this
Article must, at the time the license is issued to
him, pay a badge fee to the Tax Collector and
receive therefor from the Tax Collector a junk
gatherer's metal badge, having imprinted thereon
a number and the year for which same is issued.
The design and lettering of said badge shall be
determined by the Tax Collector, but such design
must be distinctively different for each year.
(Amended by Ord. 555-81, App. 11/12/81)

Sec. 898.

San Francisco - Police Code

508

SEC. 898. JUNK GATHERERS
REQUIRED TO WEAR BADGES.

Every person engaged in business as a junk
gatherer either buying, selling or exchanging
junk from vehicles or in any other manner upon
the streets of the City and County of San Fran-
cisco, must wear conspicuously exposed on the
outside lapel of his coat the metal badge pre-
scribed in the preceding section. (Added by Ord.
1.075, App. 10/11/38)

SEC. 900. DEFINITIONS.

For purposes of this ordinance, the following
definitions shall apply:

(a) Automatic Checkout System. An elec-
tronic system employing a scanning device com-
bined with a computer and register to read a
universal product code or similar code on pack-
aging and display and total the cost of the items
purchased.

(b) Consumer Commodity.

(1) Food, including all material whether solid,
liquid, or mixed, and whether simple or com-
pound, which is used or intended for consump-
tion by human beings or domestic animals nor-
mally kept as household pets, and all substances
or ingredients added to any such material for
any purpose. This definition shall not apply to
individual packages of cigarettes or individual
cigars.

(2) Paper and plastic products, such as, but
not limited to, napkins, facial tissue, toilet tis-
sue, foil wrapping, plastic wrapping, paper tow-
eling, and disposable plates and cups.

(3) Detergents, soaps and other cleaning
agents.

(4) Pharmaceuticals, including nonprescrip-
tion drugs, bandages, hygiene products, and toi-
letries.

(c) Grocery Department. An area within
a general retail merchandise store which is en-
gaged primarily in the retail sale of packaged
food, rather than food prepared for immediate
consumption on or off the premises.

(d) Grocery Store. A store engaged prima-
rily in the retail sale of packaged food, rather
than food prepared for consumption on the pre-
mises.

(e) Person. An individual, firm, corpora-
tion, partnership, association or other organiza-
tional group or combination acting as a unit.
(Added by Ord. 598-79, App. 12/3/79)

SEC. 901. ITEM PRICES.

Every retail grocery store or grocery depart-
ment within a general retail merchandise store
which uses an automatic checkout system shall
cause to have a clearly readable price indicated
on each packaged consumer commodity offered
for sale on or after January 1, 1980, provided,
however, that said requirement shall not apply
to:

(1) Any unpackaged fresh food produce, or
fresh dairy product;

(2) Any consumer commodity under three
cubic inches in size or weighing less than three
ounces or priced for less than 30 cents;

(3) Any grocery business which has as its
only regular employees the owner thereof, or the
parent, spouse, or child of such owner, or in
addition thereto, not more than two other per-
sons employed on a regular schedule for a con-
tinuing period of time;

(4) Identical items within a multi-item pack-
age;

(5) Items sold through a vending machine;

(6) "Special" or "sale" items offered for sale
at less than normal price, for a period of seven
days or less. (Added by Ord. 598-79, App. 12/3/

79)

SEC. 902. PENALTY.

(a) Any person intentionally violating any
of the provisions of Section 901 of this Article
shall be deemed guilty of a misdemeanor, and
upon conviction thereof, shall be subject to a fine
of not less than $100, and not more than $500, or
by imprisonment in the jail of the City and
County for a term of not more than six months or
by both such fine and imprisonment.

509

Miscellaneous Regulations for Professions and Trades

Sec. 919.

(b) Failure to have a clearly readable price
indicated on 12 units of the same item of the
same commodity shall constitute a presumption
of intent to violate Section 901.

(c) Every additional 12 units of the same
item that fail to have a price indicated on them
shall constitute a presumption of intent to vio-
late Section 901.

(d) Each day that a violation continues af-
ter notification thereof by any person to the
grocery store or department manager or assis-
tant manager shall constitute a separate viola-
tion and shall constitute a presumption to vio-
late Section 901. (Added by Ord. 598-79, App.
12/3/79)

SEC. 903. INJUNCTIVE RELIEF.

(a) Any person may bring an action in any
court of competent jurisdiction to enjoin a viola-
tion of Section 901.

(b) Persons violating Section 901 shall be
liable to any person injured for losses and ex-
penses and attorney's fees incurred as a result of
the violation and for the sum of $50 in addition
thereto. This remedy shall apply only to actions
brought by or on behalf of a single plaintiff and
shall not apply to multiple plaintiffs or class
actions. (Added by Ord. 598-79, App. 12/3/79)

SEC. 904. SEVERABILITY.

If any part or provision of this ordinance, or
the application thereof to any person or circum-
stance, is held invalid, the remainder of the
ordinance, including the application of such part
or provision to other persons or circumstances,
shall not be affected thereby and shall continue
in full force and effect. To this end provisions of
this Article are severable. (Added by Ord. 598-
79, App. 12/3/79)

SEC. 911. DEFINING PUBLIC ROOMS.

The words "public rooms," for the purpose of
Section 912 and 913 of this Article, shall be
deemed to include any lobby, hallway, mezza-
nine, foyer, public rest or sitting rooms, or any

other place in a hotel used in common by the
public and guests of a hotel. (Added by Ord.
270-82, App. 6/10/82)

SEC. 912. LOITERING IN PUBLIC
ROOMS PROHIBITED.

It shall be unlawful for any person to linger,
loiter, sit or stand in any public room in any hotel
in violation of the expressed wish of the owner or
manager of such hotel. (Added by Ord. 1.075,
App. 10/11/38)

SEC. 913. UNAUTHORIZED USE OF
PUBLIC ROOMS PROHIBITED.

It shall be unlawful for any person to use any
public room in any hotel for business purposes or
social purposes in violation of the expressed
direction of the owner or manager of such hotel.
(Added by Ord. 1.075, App. 10/11/38)

SEC. 914. PENALTY.

Any person violating any of the provisions of
Sections 911 to 913, inclusive, of this Article,
shall be deemed guilty of a misdemeanor, and,
upon conviction thereof, shall be punishable by a
fine not to exceed $50, or by imprisonment in the
County Jail for a period of not to exceed 30 days
or by both such fine and imprisonment. (Added
by Ord. 1.075, App. 10/11/38)

SEC. 919. REQUIRING OPERATORS OF
HOTELS, MOTELS, AUTO COURTS AND
FURNISHED APARTMENT HOUSE
KEEPERS TO KEEP A REGISTER OF
GUESTS.

The owner, manager or person in charge of
any hotel, motel, auto court, or furnished apart-
ment house shall keep a suitable book or register
cards, open to inspection by regularly employed
members of a law enforcement agency, in which
all occupants of hotels, motels, auto courts, and
furnished apartments shall sign their names,
and the number of the hotel room, motel, auto
court, or furnished apartment assigned to these
guests shall be indicated on the registry book or
registry cards. (Amended by Ord. 1071, Series of
1939, App. 12/3/57)

Sec. 919.1.

San Francisco - Police Code

510

SEC. 919.1. PROHIBITING
RESIDENTIAL HOTEL OPERATORS
FROM CHARGING VISITOR FEES;
LIMITING RESIDENTIAL HOTEL
RESTRICTIONS ON VISITORS;
VIOLATION IS AN INFRACTION.

(a) No operator, employee or agent of a
Residential Hotel, as defined in San Francisco
Administrative Code Section 41.4(p), may im-
pose or collect a charge for any person to visit a
guest or occupant of the hotel. No operator,
employee or agent of Residential Hotel may
implement or impose any policy restricting per-
sons from visiting guests or occupants of Resi-
dential Hotel except in accordance with the pro-
visions of the Uniform Residential Hotel Visitor
Policy or any Supplemental Visitor Policy ap-
proved pursuant to Administrative Code Chap-
ter 4 ID. The provisions of this Section shall be
posted on an 8-1/2 inch by 11-inch sign in the
lobby of each such Residential Hotel in an area
visible to guests and occupants.

(b) Penalty. In addition to any available
civil penalties, any operator, employee or agent
of a Residential Hotel who violates any of the
provisions of this Section shall be guilty of an
infraction, the penalty for which shall be a fine of
not less than $50 nor more than $500, consistent
with the California Government Code. (Added by
Ord. 135-01, File No. 010526, App. 7/6/2001;
amended by Ord. 62-02, File No. 020343, App.
5/3/2002)

SEC. 920. REGISTERING FOR LODGING
ACCOMMODATIONS UNDER FICTITIOUS
NAMES PROHIBITED.

No person shall write or cause to be written,
or knowingly permit to be written, in any regis-
ter in any hotel, motel, auto court, lodging house,
rooming house, or other place whatsoever where
transients are accommodated in the City and
County of San Francisco, any other or different
name or designation than the true or legal name
of the person so registered therein. (Added by
Ord. 256-67, App. 9/27/67)

SEC. 921. PENALTY.

Any person violating any of the provisions of
Section 920 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 not exceed-
ing 180 days, or by both such fine and imprison-
ment. (Added by Ord. 256-67, App. 9/27/67)

SEC. 924. FIXING RATES, TO BE
CHARGED FOR TRANSPORTATION OF
PERSONAL BAGGAGE.

No person, firm or corporation shall demand,
collect, charge or receive a higher rate for trans-
portation of personal baggage than is herein
specified:

To and from The Embarcadero, or railroad
depot at Third and Townsend Streets, to or from
any point within the following described districts
of San Francisco:

ZONE1.

Starting at Fillmore Street and the Bay, thence
southerly along Fillmore Street and Church
Street to Army Street; thence easterly to Po-
trero Avenue; thence northerly to Division
Street; thence easterly to Channel Street; thence
to the Bay.

RATES—

Trunks $1.00 each

Small pieces with trunks .25 "

All single suitcases or other

small pieces .50 "

Each additional trunk .75 "

ZONE 2.

District bounded on the east by Fillmore and
Church Streets; on the west by First Avenue
and Burnett Avenue; on the south by Thirtieth
Street, and on the north by the Presidio and
Bay.

511

RATES—

Miscellaneous Regulations for Professions and Trades

Sec. 924.

Trunks $1.00 each

Small pieces with trunks .25

All single suitcases or other

small pieces .50

Each additional trunk 1.00 "

ZONE 3.

Between First and Fifteenth Avenues, the Pre-
sidio and Santiago Street. Also district bounded
on the north by Channel and Division Street;
on the west by Potrero Avenue; on the south by
Army Street and the east by the Bay. Also
district bounded on the north by Army Street;
on the west by Mission and Chenery Streets;
on the south by Silver Avenue, and on the east
by San Bruno Avenue.

RATES—

Trunks $1.25 each

Small pieces with trunks .25 "

All single suitcases or other

small pieces .50 "

Each additional trunk 1.00 "

ZONE 4.

District between Fifteenth and Thirtieth Av-
enues from the Presidio and Ocean to San-
tiago Street. Also district bounded by Army
Street on the north; San Bruno Avenue on the
west; Oakdale Avenue on the south. Also dis-
trict bounded by Thirtieth Street on the north;
Chenery Street on the east; Bosworth Street
on the south and Congo Street on the west.

RATES-

ZONE^

District bounded by Thirtieth Avenue and For-
tieth Avenue, the Ocean and Lincoln Park on
the north and Santiago Street on the south.
Also district bounded by Clipper Street on the
north; Burnett Avenue on the east; Bosworth
Street. San Jose and Ocean Avenues on the
south and Phelan Avenue, and Hamburg Street
on the west.

RATES—

Trunks $1.75 each

Small pieces with trunks .25 "

All single suitcases or other

small pieces .50 "

Each additional trunk 1.00 "

ZONE 6.

From Fortieth Avenue to the Ocean to San-
tiago Street. From the Ocean easterly to Ham-
burg Street (including St. Francis Wood, For-
est Hill, Almshouse Tract and Westwood Park
not otherwise provided for) Ocean Avenue,
Madrid Street, Silver Avenue, San Bruno Av-
enue to Oakdale Avenue to the Bay; thence to
the City and County line.

RATES—

Trunks $2.00 each

Small pieces with trunks .25 "

All single suitcases or other

small pieces .50 "

Each additional trunk 1.00 "

Trunks $1.50 each

Small pieces with trunks .25 "

All single suitcases or other

small pieces .50 "

Each additional trunk 1.00 "

Any point on a street that is a division line
between any of the above described districts
shall be entitled to the lowest rate specified in
either one of the districts. (Added by Ord. 1.075,
App. 10/11/38)

Sec. 925.

San Francisco ■ Police Code

512

SEC. 925. EXCLUDED TERRITORY-
RATES.

The rate for the transportation of personal
baggage between points in San Francisco, other
than those mentioned in Section 924 of this
Article, shall be that agreed upon between the
owner of the baggage and the person, firm or
corporation transporting the same. (Added by
Ord. 1.075, App. 10/11/38)

SEC. 926. RECEIVERS TO GIVE CHECK
FOR BAGGAGE.

Upon the receipt of any baggage for delivery,
the person receiving the same shall give to the
owner a check or tag, upon which shall be plainly
printed the name of the owner of the vehicle
used, with his place of business and telephone
number, and, if not an incorporated transfer
company, the number of his license. The person
receiving said baggage shall write upon said
check or tag a short description of the baggage
and its destination. (Added by Ord. 1.075, App.
10/11/38)

SEC. 927. DELIVERY WITHIN
REASONABLE TIME.

All baggage received shall be delivered to its
destination within a reasonable time of its re-
ceipt. (Added by Ord. 1.075, App. 10/11/38)

SEC. 928. PRINCIPALS RESPONSIBLE.

Every person, firm or corporation is respon-
sible for all acts and representations of any
person using the name and acting as agent for
such person, firm or corporation. (Added by Ord.
1.075, App. 10/11/38)

SEC. 929. PERSONAL BAGGAGE
DEFINED.

Personal baggage within the meaning of Sec-
tions 924 to 929, inclusive, of this Article, shall
include all trunks, suitcases and valises, tele-
scope baskets, hampers, rolls of blankets or
clothing, provided that any bundle or package
weighing 35 pounds or more, or three or more
feet long, shall be classed as trunks, and all other
bundles or packages as valises. (Added by Ord.
1.075, App. 10/11/38)

SEC. 934. REGULATING SALE OF
POLICE BADGES.

It shall be unlawful for any person, firm or
corporation to sell or offer for sale, or cause to be
sold or offered for sale, or to deliver, or cause to
be delivered, to any person, any badge or star of
the kind or design used by the members of the
Police Department, without the written authori-
zation of the Chief of Police. (Added by Ord.
1.075, App. 10/11/38)

SEC. 939. REGULATING ISSUANCE OF
PRESS CARDS.

The Chief of Police is hereby authorized to
issue press cards to newsgatherers, reporters
and photographers in the actual and bona fide
employment of a newspaper or periodical, for the
purpose of securing their admittance within all
police lines in this City and County.

Applications for a press card shall be made in
writing and filed with the Chief of Police. Each
applicant for a press card must file with his
application two recent photographs of himself of
a size that may be easily attached to his press
card, one of which shall be attached to his press
card when issued, and the other shall be filed
with his application with the Chief of Police. The
photograph shall be so attached to the press card
that it cannot be removed and another photo-
graph substituted without detection.

All press cards issued under this Section
shall be issued on an annual basis, expiring on
the last day of December.

A record of the issuance of such press cards
shall be kept in the office of the Chief of Police,
with the date of issuance, the name of the person
to whom issued, and the number of the card. The
Chief of Police may at any time at his pleasure
revoke the privilege attached to any or all such
cards. Unless revoked, the privilege attached to
such cards shall automatically terminate on the
date of expiration, such expiration date to be
determined as hereinabove indicated.

Such cards shall not be transferable and it
shall be unlawful for any person to use or have in
his possession any such card unless the same
was issued to him by the Chief of Police; or to use

513

Miscellaneous Regulations for Professions and Trades

Sec. 947.

any such card after the privilege attached thereto
has terminated or been revoked. It shall likewise
be unlawful for any person to use any such card
while such person is not in the actual and bona
fide employment of a newspaper or periodical as
a newsgatherer, reporter, or photographer.
(Amended by Ord. 5-82, App. 1/8/82)

SEC. 940. PENALTY.

Any person violating any provisions of Sec-
tion 939 of this Article shall be deemed guilty of
a misdemeanor, and upon conviction thereof shall
be punished by a fine not to exceed $25 or by
imprisonment in the County Jail not exceeding
10 days, or by both such fine and imprisonment.
(Added by Ord. 1.075, App. 10/11/38)

SEC. 944. SIDEWALK ELEVATOR, ETC.,
IRON DOOR, ETC., AND LOCK
REQUIRED.

It shall be unlawful for any person, firm or
corporation to construct, operate or use, or cause
to be constructed, operated or used, any sidewalk
elevator unless the shafts or sidewalk openings
of such sidewalk elevators be covered with sub-
stantial iron doors, or iron gratings as nearly
flush with the upper surface of the sidewalks as
will permit proper drainage, and unless such
doors or gratings be provided with some mechani-
cal device for locking and unlocking them which
will not require any person to ride on such
elevator for the purpose of locking or unlocking
said doors or gratings. (Added by Ord. 1.075,
App. 10/11/38)

SEC. 945. MECHANICAL DEVICE FOR
STOPPING REQUIRED.

It shall be unlawful for any person, firm or
corporation to construct, operate or use, or cause
to be constructed, operated or used, any sidewalk
elevator unless the same shall be equipped with
some mechanical device which will prevent the
platform of said elevator from approaching within
less than five feet of the sidewalk doors or
gratings thereof when the said doors or gratings
are closed. (Added by Ord. 1.075, App. 10/11/38)

SEC. 946. UNLAWFUL OPENINGS
PROHIBITED— KIND OF METAL GUARDS
REQUIRED.

It shall be unlawful for any person to open
any sidewalk elevator doors or gratings unless
he is directed or permitted by the person, firm or
corporation using said elevator to open such
doors or gratings. And it shall be unlawful for
any person, firm or corporation operating or
using such sidewalk elevator to open or cause to
be opened the elevator doors or gratings thereof
unless a responsible person connected with the
person, firm or corporation operating or using
said elevator shall be stationed on the sidewalk
immediately adjacent to said doors or gratings,
who shall lift said doors or grating by hand,
except that, if they are automatically lifted from
below upon the rising of such elevator, before
said doors or gratings are raised, removable
metal guards, consisting of four metal posts, not
less than three feet in height, shall be inserted in
sockets placed in the sidewalk at the four corners
of such doors or gratings, with the tops of such
posts connected by chains or bars, so that all
sides of such openings shall be guarded, except
that side next to curb, and the public protected
from injury by the sudden raising of such doors.
Such metal guards shall be removed as soon as
said doors or gratings are closed. (Added by Ord.
1.075, App. 10/11/38)

SEC. 947. NIGHT OPENING, LAMPS
AND GUARDS REQUIRED FOR.

It shall be unlawful for any person, firm or
corporation operating or using sidewalk eleva-
tors to keep the doors or gratings thereof open or
permit the same to remain open except during
the time necessary for the receiving or shipping
of merchandise or supplies and unless during
said time the said doors or gratings remain open
suitable guards or railings are provided around
the opening of the sidewalk to prevent accidents
to the public, and unless a lighted lamp shall be
maintained at openings when the doors or grat-
ings thereof are open after dark. (Added by Ord.
1.075, App. 10/11/38)

Sec. 948.

San Francisco - Police Code

514

SEC. 948. TRAP-DOOR, KIND OF METAL
GUARDS REQUIRED FOR.

It shall be unlawful for any person, firm or
corporation to construct, operate, or use, or cause
to be constructed, operated, or used, any trap-
door, or opening whatsoever in any sidewalk,
unless the same be equipped with removable
metal guards, consisting of four metal posts, not
less than three feet in height, and which metal
posts shall be inserted in sockets placed in the
sidewalk at the four corners of such trap-door or
opening, with the tops of such posts connected by
chains or bars, so that all sides of such openings
shall be guarded. Such metal guards shall be
removed as soon as said trap-doors or openings
are closed. (Added by Ord. 1.075, App. 10/11/38)

SEC. 949. TRAP-DOOR, WHILE OPEN,
GUARDS REQUIRED.

It shall be unlawful for any person, firm or
corporation, operating or using trap-doors or
other openings in sidewalks to keep the doors,
openings or gratings thereof open or permit the
same to remain open except during the time
necessary for the receiving or shipping of mer-
chandise or supplies and unless during said time
the said trap-doors, openings or gratings remain
open suitable guards or railings are provided
around the opening of the sidewalk to prevent
accidents to the public. (Added by Ord. 1.075,
App. 10/11/38)

SEC. 954. SALE OF MERCHANDISE ON
OCEAN BEACH PROHIBITED.

It shall be unlawful for any person, firm or
corporation to sell or offer for sale any goods,
wares, merchandise or other commodity on that
portion of said City and County of San Francisco
known as the Ocean Beach, contiguous to and
lying immediately west of the "Great Highway,"
between high and low water mark thereof, and
between the northerly line of Wawona Street
extending westerly to the Pacific Ocean and low
water mark, and the northerly line of Anza
Street extending westerly to the Pacific Ocean
and low water mark. (Added by Ord. 1.075, App.
10/11/38)

SEC. 955. PROHIBITED SOLICITING
UPON STREETS OF MAGAZINE
SUBSCRIPTIONS, ETC.

No person shall on any public street or side-
walk in the City and County of San Francisco, or
in any area or doorway or entrance-way imme-
diately abutting thereon, solicit the sale to street
or sidewalk traffic of any subscription to any
magazine or periodical for future delivery, or the
sale of any tangible personal property to be
delivered to the purchaser thereof, or to any
other person, at a subsequent time. (Added by
Ord. 3263, Series of 1939, App. 5/15/45)

SEC. 959. REGULATING TURNING OFF
OF GAS SUPPLY IN HOTELS AND
DWELLINGS.

It shall be unlawful for any proprietor, owner,
lessee or person to turn off the gas supply, at the
meter, or any other point on the supply pipe,
except at the stop cock on the gas fixture, in any
hotel, lodging house, apartment house, or in any
house or building wherein rooms are rented or
used for sleeping purposes, or in any private
residence, except said gas supply is turned off for
repairs or by reason of accident, or in cases
where the building is vacated. (Added by Ord.
1.075, App. 10/11/38)

SEC. 960. USE OF DEFECTIVE STOP
COCKS IN HOTELS AND DWELLINGS
PROHIBITED.

It shall be unlawful for any proprietor, owner,
lessee or person to maintain or use in any hotel,
lodging house, apartment house or in any house
or building wherein rooms are rented or used for
sleeping purposes, or in any private residence,
any gas fixture having a defective key or stop
cock, or any key or stop cock which has not a pin
or other device to prevent a reopening of the gas
way by further continuous movement of the key
or stop cock in the same direction after the gas
way has been closed. (Added by Ord. 1.075, App.
10/11/38)

SEC. 961. PENALTY.

Every person who shall violate any of the
provisions of Sections 959 and 960 of this Article

515

Miscellaneous Regulations for Professions and Trades

SEC. 972.

shall be deemed guilty of a misdemeanor and
upon conviction thereof, shall be punished by a
fine of not more than $500 nor less than $50, or
by imprisonment in the County Jail for a period
of not more than six months nor less than 50
days, or by both such fine and imprisonment.
(Added by Ord. 1.075, App. 10/11/38)

SEC. 964. CRUSHING ROCK, ETC.,
WITHIN CERTAIN HOURS, ETC.,
PROHIBITED.

No person, firm or corporation shall carry on
the business of crushing rock, brick or concrete
by machinery or otherwise in the City and County
of San Francisco unless the place where such
business is conducted and carried on is so en-
closed as to prevent the deposit or scattering of
rock, dust or debris outside of said enclosure
upon the public streets, highways or squares, or
property of adjacent owners; and no such ma-
chinery shall be operated within the fire limit of
said City and County between the hours of 6:00
p.m. and the hour of 6:00 a.m. of the following
day. (Added by Ord. 1.075, App. 10/11/38)

SEC. 969. TRANSPORTATION
TICKETS— REGULATING SALE OF.

(a) It is hereby determined and declared
that the price or charge for the sale, resale,
purchase, or procurement by purchase or other-
wise, within the City and County of San Fran-
cisco, of tickets, reservations or passenger accom-
modations, issued by any railroad, parlor or
sleeping car owner or operator, steamship com-
pany, air line or bus line, is a matter affected
with a public interest and subject to the super-
vision of the authorities of said City and County,
for the purpose of safeguarding the public against
fraud, extortion, exorbitant rates and similar
abuses.

(b) It shall be unlawful for any person, firm
or corporation to offer for sale, sell, resell, or
cause to be sold, or resold; or to purchase, ac-
quire or procure, either on his own behalf or on
behalf of another, in the City and County of San
Francisco, any ticket, reservation or passenger
accommodation, issued by any railroad, parlor or
sleeping car owner or operator, or steamship

company, air line or bus line, at a price in excess
of $1 over the established tariff charge therefor.

The term "established tariff charge" shall be
the charge set forth in the tariff as published and
filed by the railroad, parlor or sleeping car owner
or operators, steamship company, air line or bus
line, involved.

(c) Nothing in Sections 969 to 972, inclu-
sive, of this Article contained shall be taken or
deemed to authorize or approve the sale of such
ticket, reservation or passenger accommodation
by any railroad, parlor or sleeping car owner or
operator, or steamship company, air line or bus
line, or by any officer, agent or employee thereof,
at other than the lawful tariff rates applicable
thereto. (Added by Ord. 3042, Series of 1939,
App. 12/14/44)

SEC. 970. REGULATIONS TO BE
POSTED.

The person responsible for the management
of each travel agency and hotel, operating within
the City and County of San Francisco, and where
such reservations may be made, shall cause a
copy of Sections 969 to 972, inclusive, of this
Article to be posted in a conspicuous place on
said premises. (Added by Ord. 3042, Series of
1939, App. 12/14/44)

SEC. 971. PENALTY.

Any person violating the provisions of. Sec-
tions 969 to 972, inclusive, of this Article shall be
guilty of a misdemeanor, and upon conviction,
shall be punished by a fine of not to exceed $100
or by imprisonment in the County Jail for a term
not to exceed 30 days, or by both such fine and
imprisonment. (Added by Ord. 3042, Series of
1939, App. 12/14/44)

SEC. 972. EXCEPTIONS.

(a) Sections 969 to 972, inclusive, of this
Article shall not apply to tickets, reservations or
passenger accommodations to or from places
outside of the continental United States and
Canada, nor shall it apply to the sale, resale,
purchase or acquisition of any of such tickets or
reservations sold, disposed of, purchased or ac-
quired, pursuant to any written contract be-

SEC. 972.

San Francisco ■ Police Code

516

tween a travel agency and the owner or operator
of any of the above enumerated transportation
companies.

(b) Nothing contained in Sections 969 to
972, inclusive, of this Article shall prevent a
regularly established travel bureau or travel
agency from selling tours over common carriers,
with stopover accommodations and services, for
a price that includes an entire tour, nor shall
such a bureau or agency be limited by Sections
969 to 972, inclusive, of this Article in its charges
for travel assistance or service rendered to its
patrons in the regular course of its business.
(Added by Ord. 3042, Series of 1939, App. 12/14/
44)

(c) For the purposes of this Section, the
word "drink" is hereby defined to mean any
nonalcoholic beverage, or any alcoholic beverage
which contains less than one-half of one percent
of alcohol by volume and which is fit for beverage
purposes either alone or when diluted, mixed, or
combined with other substances.

(d) The violation of any provision of this
Section shall constitute a misdemeanor, punish-
able by fine not exceeding $500, or by imprison-
ment in the County Jail for a period not exceed-
ing 90 days, or by both such fine and
imprisonment. (Added by Ord. 249-60, App. 5/12/
60)

SEC. 973. PROHIBITING SOLICITATION
OF PURCHASES OF FOOD AND DRINK;
DECLARING PENALTIES.

(a) It shall be unlawful in any place of
business where food or drink is sold to be con-
sumed upon the premises, for any person who
loafs or loiters about such place, or who is
employed therein, to solicit or beg any patron,
customer or visitor in such establishment to
purchase any food or drink for the one so solic-
iting or begging or for any other person frequent-
ing or loafing or loitering about such establish-
ment; and no person shall enter upon such place
of business, or remain therein, for the purpose of
so soliciting or begging any patron, customer or
visitor to purchase any food or drink for the one
so entering or remaining or for any other person.

(b) It shall be unlawful for any person who
owns, manages or otherwise exercises control
over any such place of business as described in
Subdivision (a) of this Section to permit or allow
any person to solicit or beg any patron, customer
or visitor therein to purchase any food or drink
for the one so soliciting or begging or for any
other person frequenting or loafing or loitering
about such establishment. In addition to the
penalties prescribed in Subdivision (d) of this
Section, any person owning, managing or other-
wise controlling such place of business who per-
mits or allows any violation of this Section shall
be deemed guilty of maintaining a nuisance.

[The next page is 535]

ARTICLE 13.1: JUNK DEALERS— PERMIT AND REGULATION

Sec. 974.1.
Sec. 974.2.
Sec. 974.3.

Sec. 974.4.

Sec. 974.5.

Sec. 974.6.

Sec. 974.7.

Sec. 974.8.

Sec. 974.9.

Sec. 974.10-1.

Sec. 974.10-2.
Sec. 974.11.

Sec. 974.12.

Sec. 974.13.
Sec. 974.14-1.
Sec. 974.14-2.

Sec. 974.15.
Sec. 974.16.

Sec. 974.17.

Sec. 974.20.

Sec. 974.21.

Sec. 974.22.

Sec. 974.23.

Sec. 974.25.

Definitions.
Permit Required.
Application for Junk Dealer
Permit.

Contents of Application.
Corporate Applicants.
Partnership Applicants.
Verification of Application.
Notice of Hearing.
Referral of Applications to
Other Departments.
Issuance of Junk Dealers
Permit.

Annual Review.
Suspension or Revocation of
Permit.

Name and Place of Business-
Change of Location.
Transfer of Permit.
Operation of a Junk Dealer.
Prohibitions on Particular
Purchases.

Holding Period Exemption.
Holding Period Exemption
(Continued).

Holding Period Exemption
(Continued).
Computation of Time.
Penalty.

Limit on Suspension.
License Fees.
Severability.

SEC. 974.1. DEFINITIONS.

(a) Except as otherwise specified in this
section, the terms used in this Article shall have
the same meaning as those terms are defined in
the California Business and Professions Code,
Chapter 9, Article 3, Section 21600 et seq., in-
cluding as those sections are hereafter amended.

(b) "Buy Book" is a form to be filled out that
must contain all of the following information:

(i) The place and date of each sale or pur-
chase of junk.

(ii) The name, valid driver's license number
and state of issue or valid California-issued
identification card number of the person buying
or selling junk, and vehicle license number in-
cluding the state of issue of any motor vehicle
used in transporting the junk to the junk dealer's
or recycler's place of business.

(iii) The name and address of each person to
whom junk is sold or disposed of, and the license
number of any motor vehicle used in transport-
ing the junk from the junk dealer's or recycler's
place of business.

(iv) A description of the item or items of
junk purchased or sold, including the item type
and quantity, model number and/or model name,
and identification number, if visible.

(v) A statement indicating either that the
seller of the junk is the owner of it, or the name
of the person he or she obtained it from, as
shown on a signed transfer document.

(vi) If the state legislature amends Califor-
nia Business and Professions Code Section 21606,
that subsequent amendment shall be incorpo-
rated herein.

(c) Hazardous materials shall be those ma-
terials defined in San Francisco Health Code
Article 21, Division 1, Section 1102. (Added by
Ord. 136-75, App. 4/14/75; amended by Ord.
389-91, App. 10/31/91; Ord. 69-05, File No. 050178,
App. 4/15/2005)

SEC. 974.2. PERMIT REQUIRED.

(a) It shall be unlawful for any person to
engage in, conduct, or carry on the business of
junk dealer in the City and County of San
Francisco without first securing a permit there-
for from the Chief of Police.

535

Sec. 974.2.

San Francisco - Police Code

536

(b) Exclusion. A recycler, processor, recy-
cling center, or noncertified recycler, as those
terms are defined in Chapter 2 (commending
with Section 14502) of Division 12.1 of the Cali-
fornia Public Resources Code shall not be subject
to the requirements of this Article, but shall be
regulated by provisions of Chapter 9, Article 3
(commencing with Section 21600) of the Califor-
nia Business and Professions Code. (Added by
Ord. 136-75, App. 4/14/75; amended by Ord.
389-91, App. 10/31/91)

SEC. 974.3. APPLICATION FOR JUNK
DEALER PERMIT.

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

SEC. 974.4. CONTENTS OF
APPLICATION.

The application for a permit to engage in,
conduct or carry on a business of junk dealer
shall set forth the proposed place of business and
facilities therefor, including whether or not the
junk dealer will engage in welding, use of a
propane tank, or cutting torches operated by
compressed gasses, the name and address of
each applicant, and such other information as
the Chief of Police deems necessary to investi-
gate the applicant and the applicant's proposed
place of business. (Added by Ord. 136-75, App.
4/14/75; amended by Ord. 69-05, File No. Q50178,
App. 4/15/2005)

SEC. 974.5. CORPORATE APPLICANTS.

If the applicant for a permit is a corporation,
the application shall set forth the name of the
corporation exactly as set forth in the Articles of
Incorporation, together with the names and ad-
dresses of each officer, director and shareholder
owning more than 10 percent of the stock of such
corporation. (Added by Ord. 136-75, App. 4/14/
75)

SEC. 974.6. PARTNERSHIP
APPLICANTS.

If the applicant to conduct, carry on, or
engage in the business of junk dealer is a part-
nership, the application shall set forth the names
and addresses of each partner, including limited
partners. If one or more of the partners is a
corporation, the provisions for corporate appli-
cant shall apply to such corporate partners.
(Added by Ord. 136-75, App. 4/14/75)

SEC. 974.7. VERIFICATION OF
APPLICATION.

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

SEC. 974.8. NOTICE OF HEARING.

When an application is filed for a permit
pursuant to the provisions of this Article, the
Chief of Police shall set a date for said hearing
not less than 10 days from the date of the
application. The Chief of Police shall cause to
have posted on the premises in a conspicuous
place a notice of such hearing and the type of
business to be conducted therein at least 10 days
prior to the hearing. The applicant shall main-
tain such notice on his premises. (Added by Ord.
136-75, App. 4/14/75)

SEC. 974.9. REFERRAL OF
APPLICATIONS TO OTHER
DEPARTMENTS.

The Chief of Police, upon receiving an appli-
cation to engage in, conduct or carry on the
business of junk dealer, shall refer the applica-
tion to the Bureau of Building Inspection, Fire
Department, the Department of Public Health
and to the City Planning Department, which
departments shall inspect the premises proposed
to be operated as a junk yard by the applicant
and shall make written recommendations to the
Chief of Police. (Added by Ord. 136-75, App.
4/14/75)

537

Junk Dealers — Permit and Regulation

Sec. 974.10-2.

SEC. 974.10-1. ISSUANCE OF JUNK
DEALERS PERMIT.

The Chief of Police may issue a permit within
14 days after the date of hearing if the Chief
finds:

(a) That the proposed premises to be used
by the applicant as a junk yard conforms to all
applicable laws, including, but not limited to, the
Building, Health, Fire, City Planning and Hous-
ing Codes of the City and County of San Fran-
cisco;

(b) That the applicant has appropriate per-
mits for welding, use of propane tanks, or cutting
torches operated by compressed gasses if the
permit holder will use such items in the busi-
ness;

(c) That the applicant has not been con-
victed of a crime involving the possession or theft
of property, fraud, hazardous materials or the
environment, or crimes related to the operation
of a junk dealer, provided, however, the Chief of
Police shall not take into account such conviction
if the applicant suffered such conviction at least
five years prior to the date of the application and
at least five years has elapsed since the appli-
cant has been free of any disability resulting
from said conviction and the applicant has suf-
fered no subsequent convictions for a felony or
misdemeanor offense relating to theft or the
possession of stolen property, fraud, crimes re-
lated to hazardous materials or the environ-
ment;

(d) That the proposed location of the busi-
ness is a suitable place to carry on the business
of junk dealer. In making such finding, the Chief
of Police may take into consideration the effect of
the issuance of the permit upon the surrounding
property and the inhabitants thereof;

(e) That the applicant has not had revoked
any permit or license issued by the State of
California or the City and County of San Fran-
cisco or other government agency to engage in a
business or profession within the State of Cali-
fornia because of a violation of law or because of
violation of regulations promulgated by the regu-
lating agency having control or jurisdiction over
the license or permit; further, the Chief of Police

shall not consider any such revocation if such
revocation occurred at least five years prior to
the date of the application.

(f) That the applicant has not had civil
penalties imposed by a court or other govern-
ment agency related to the operation of a junk
dealer or hazardous materials or the environ-
ment within the past five years prior to the date
of application. (Added by Ord. 136-75, App. 4/14/
75; amended by Ord. 69-05, File No. 050178,
App. 4/15/2005)

SEC. 974.10-2. ANNUAL RENEWAL.

(a) Every junk dealer shall provide to the
Chief of Police, by the anniversary date of the
issuance of the permit, information regarding
changes in the business or status of the permit
holder. Such information shall include:

(i) Information regarding all notices of vio-
lation issued by any governmental entity, includ-
ing but not limited to the San Francisco Depart-
ment of Public Health, Building Inspection, Fire
Department, or City Planning, to the business,
property owner, permit holder, or employees,
during the past year.

(ii) Information detailing corrective actions
taken to address previous notices of violation or
other conditions placed upon the business.

(iii) Information regarding criminal cita-
tions issued to the business, property owner,
permit holder or employees related to the opera-
tion of the business, including citations regard-
ing failure to comply with state or local law
applicable to junk dealers, or for receiving stolen
property.

(iv) Any change in information regarding
the permit holder or ownership of the business,
including change of address, change of owner-
ship or change of partnership or corporate sta-
tus.

(v) If the permit holder welds, uses propane
tanks, or cutting torches operated by compressed
gasses on the premises or as part of its business,
proof of valid permits for such use.

(b) The Police Department shall within 30
days of the receipt of the annual renewal infor-
mation review the information and determine

Sec. 974.10-2.

San Francisco - Police Code

538

whether or not a revocation hearing is war-
ranted. The Police Department should inform
the permit holder of its decision in writing by
first class mail to the address provided in the
application within 30 days of the receipt of such
information. Should the Department determine
that a revocation hearing is warranted, the De-
partment shall follow the procedure set forth in
this article for revocation hearings. Failure to
inform the permit holder of the decision within
30 days does not preclude the Department from
initiating a revocation hearing. (Added by Ord.
69-05, File No. 050178, App. 4/15/2005)

SEC. 974.11. SUSPENSION OR
REVOCATION OF PERMIT.

Any permit to a junk dealer may be sus-
pended or revoked by the Chief of Police after a
hearing for cause.

(a) Cause may include:

(i) Violations of any of the provisions of this
Article, including violations by employees where
the permit holder knew or should have known of
the violation.

(ii) Refusal to permit any peace officer of
the State of California or the United States or
other person with authority to enforce applicable
rules and regulations to inspect the premises of
the junk dealer, the junk stored thereon or the
operations therein.

(iii) Violations of the Business and Profes-
sions Code of the State of California relating to
the operations of a junk dealer.

(iv) The premises are in violation of the San
Francisco Municipal Code, including but not
limited to the building, health, fire, city planning
and/or police codes.

(v) Failure to maintain buy books in the
manner required by this Article, including fail-
ure to completely fill out the required form.

(vi) Use of welding equipment, propane
tanks, or cutting torches operated by compressed
gasses without valid permits,

(b) The standard of proof at the hearing
shall be preponderance of the evidence. (Added
by Ord. 136-75, App. 4/14/75; amended by Ord.
69-05, File No. 050178, App. 4/15/2005)

SEC. 974.12. NAME AND PLACE OF
BUSINESS— CHANGE Of LOCATION.

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

SEC. 974.13. TRANSFER OF PERMIT.

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

SEC. 974.14-1. OPERATION OF A JUNK
DEALER.

Every junk dealer shall:

(a) Maintain on the business premises all
junk purchased by the permitted business except
ferrous metals as set forth in (b) below, or alu-
minum cans, in the same condition as purchased
for a period of five working days unless exempted
pursuant to this Article; however, this holding
period may be extended for a period not to exceed
14 working days at the request of a peace officer
but not beyond 14 working days without an order
of court;

(b) Maintain on his premises all ferrous
metals purchased by the permitted business in
the same condition as purchased that are fence
material, pipe, chain, foundry castings, cable or
conduit or thin wall tubing for a period of three
days unless exempted pursuant to provisions of
this Article;

(c) Allow any peace officer or other person
with authority to enforce applicable rules and
laws to inspect the premises and articles stored
therein and operation thereof of the junk dealer
at the junk yard.

539

Junk Dealers — Permit and Regulation

Sec. 974.17.

(d) Maintain a "Buy Book" in the following
manner:

(i) Fill out the form completely for every
transaction;

(ii) Require the seller to present a valid
form of identification at the time of each trans-
action and record the information from that
piece of identification at the time of the transac-
tion;

(iii) Consecutively number each buy book;

(iv) Include in the buy book any and all
voided tags;

(v) Maintain the buy book in serial number
order for a period of three years from the last
date in the book;

(vi) Allow inspection by law enforcement
agencies of the buy book immediately on request
without a subpoena.

(e) Post the permit in a conspicuous place at
the junk yard.

(f) Maintain the sidewalks, driveways and
other areas adjacent to the premises clear of
obstacles, trash and debris.

(g) Take reasonable steps to ensure that its
customers do not loiter in the areas adjacent to
or near the premises. (Added by Ord. 136-75,
App. 4/14/75; amended by Ord. 69-05, File No.
050178, App. 4/15/2005)

SEC. 974.14-2. PROHIBITIONS ON
PARTICULAR PURCHASES.

No person holding a junk dealer permit shall
purchase:

(a) Any item from a seller who does not
present at the time of the transaction a valid
driver's license or other valid government-issued
identification.

(b) Automotive or mechanical parts that
contain hazardous materials.

(c) Goods where the permit holder or em-
ployee has or should have reason to believe that
the goods may be stolen. (Added by Ord. 69-05,
File No. 050178, App. 4/15/2005)

SEC. 974.15. HOLDING PERIOD
EXEMPTION.

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

SEC. 974.16. HOLDING PERIOD
EXEMPTION (CONTINUED).

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

SEC. 974.17. HOLDING PERIOD
EXEMPTION (CONTINUED).

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

Sec. 974.18.

(Added by Ord. 136-75, App. 5/14/75; repealed by

Ord. 69-05, File No. 050178, App. 4/15/2005)

Sec. 974.17.

San Francisco - Police Code

540

Sec. 974.19.

(Added by Ord. 136-75, App. 4/14/75; repealed by

Ord. 69-05, File No. 050178, App. 4/15/2005)

SEC. 974.20. COMPUTATION OF TIME.

In computing the number of days for the
retention of metal pursuant to the provisions of
this Article, the day of purchase shall not be
counted, nor shall Saturdays, Sundays or days
declared to be holidays by Section 6700 or 6701
of the Government Code of the State of Califor-
nia be counted. (Added by Ord. 136-75, App.
4/14/75)

SEC. 974.21. PENALTY.

(a) Violation of the provisions of this Ar-
ticle, with the exception of Section 974. 14- 1(f)
and (g), shall be punishable as a misdemeanor by
a fine not to exceed $1000 or by imprisonment in
the County Jail not to exceed six months or by
both such fine and imprisonment.

(b) Violation of 974.14-l(f) and (g) of this
Article shall be punishable as follows:

(1) First Conviction. Any person violating
Section 974. 14- 1(f) and (g) shall be guilty of an
infraction. Upon conviction, the violator shall be
punished by a fine of not to exceed $500 for each
provision violated.

(2) Subsequent Convictions. In any accu-
satory pleading charging a violation of Section
974.14-l(f) or (g), if the defendant has been
previously convicted of a violation of such Sec-
tion^), each such previous violation and convic-
tion may be charged in the accusatory pleading.
Any person violating any provision of this sec-
tion a second time shall be guilty of an infraction
or a misdemeanor, at the discretion of the pros-
ecutor. A violation which is an infraction is
punishable by a fine of not less than $500 or
more than $1000 for each provision violated. A
violation that is a misdemeanor is punishable by
a fine of not more than $1000, or by imprison-
ment in the County Jail for not more than six
months, or by both such fine and imprisonment.
(Added by Ord. 136-75, App. 4/14/75; amended
by Ord. 69-05, File No. 050178, App. 4/15/2005)

SEC. 974.22. LIMIT ON SUSPENSION.

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

SEC. 974.23. LICENSE FEES.

Every person issued a permit pursuant to the
provisions of this Article shall pay an annual
license fee, payable in advance to the Tax Collec-
tor. (Amended by Ord. 555-81, App. 11/12/81)

Sec. 974.24.

(Added by Ord. 136-75, App. 4/14/75; repealed by

Ord. 69-05, File No. 050178, App. 4/15/2005)

SEC. 974.25. SEVERABILITY.

If any section, subsection, subdivision, para-
graph, 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 de-
clares 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, sub-
divisions, paragraphs, sentences, clauses or
phrases be declared unconstitutional or ineffec-
tive. (Added by Ord. 136-75, App. 4/14/75)

[The next page is 551]

ARTICLE 14: LICENSES FOR ADVERTISING

Sec. 989. Regulating Balloon and Kite

Advertising.
Sec. 990. Notice to Director of Public

Works.
Sec. 991. Inspection.

Sec. 991.1. Filing Fee.
Sec. 992. License Fees.

SEC. 989. REGULATING BALLOON AND
KITE ADVERTISING.

It shall be unlawful for any person, firm or
corporation to release inside the limits of the
City and County of San Francisco, or to release
in such a manner that the same will float over
the City and County of San Francisco, or any
portion thereof, any balloon or kite carrying any
advertising matter thereon or used for the pur-
pose of advertising any person, firm, corporation
or product, or to suspend in the air over the City
and County of San Francisco, or any portions
thereof, either by ropes, strings, wires or cables,
any balloon or kite carrying any advertising
matter thereon or used for the purpose of adver-
tising any person, firm, corporation or product,
without having first obtained a permit therefor
from the Police Department, which said permit
shall specify the name of the permittee and the
location of the place of business of said permit-
tee. (Added by Ord. 1.075, App. 10/11/38)

SEC. 990. NOTICE TO DIRECTOR OF
PUBLIC WORKS.

No permittee authorized to do the things set
out in Section 989 of this Article, shall release or
fly any balloon or kite for the aforesaid purposes,
within this city and county, without first notify-
ing in writing the Director of Public Works of the
location from which said balloon or kite is to be
flown, released, attached or suspended. (Added
by Ord. 1.075, App. 10/11/38)

SEC. 991. INSPECTION.

It shall be the duty of the Director of Public
Works, upon receipt of the aforesaid written

notice from the permittee, to inspect the said kite
or balloon and ropes, strings, wires or cables, and
the mechanism used in suspending, tying, rais-
ing or lowering the kite or balloon for the pur-
pose of ascertaining whether they are of suffi-
cient strength and texture and mechanically
proper to permit their operation in safety; but in
no instance shall the Director of Public Works
allow any kite or balloon for the aforesaid pur-
poses to be used to which is attached any wire,
wire cable or metallic substance, or which is
painted with a metallic paint. (Added by Ord.
1.075, App. 10/11/38)

SEC. 991.1. FILING FEE.

Every person desiring a permit pursuant to
Section 989 of this Article shall file an applica-
tion with the Chief of Police upon a form pro-
vided by said Chief of Police and shall pay a
filing fee. (Added by Ord. 555-81, App. 11/12/81)

SEC. 992. LICENSE FEES.

Any person, firm, or corporation permitted by
the Police Department to release, fly, float, sus-
pend, raise or lower any kite or balloon as set out
in Section 989 of this Article, shall pay to the Tax
Collector of this City and County a license fee per
balloon or kite per person for the privilege of
using said permit. (Added by Ord. 143-82, App.
3/26/82)

551

Sec. 992. San Francisco - Police Code 552

[The next page is 561]

ARTICLE 15: LICENSES FOR AMUSEMENTS

Sec. 1015. Imposing a License Tax on

Itinerant Shows.

Sec. 1016. Itinerant Show Defined.

Sec. 1017. Permit by Entertainment

Commission; Regulations for.

Sec. 1017.1. Filing Fee.

Sec. 1017.2. Exemption, Nonprofit

Organization.

Sec. 1018. Permit and License Regulations.

Sec. 1019. Circuses.

Sec. 1019.1. Permit Required.

Sec. 1019.2. License Fee.

Sec. 1019.3. Issuance of License.

Sec. 1019.4. License Fee, Exception.

Sec. 1019.5. Exemptions.

Sec. 1020. Rodeo Exhibitions and Shows.

Sec. 1021. Ball or Ring Throwing Games.

Sec. 1022. Definitions.

Sec. 1023. Permit Required.

Sec. 1024. Application for Permit.

Sec. 1024.1. Filing Fee.

Sec. 1025. License Fees.

Sec. 1026. Regulations.

Sec. 1027. Penalty.

Sec. 1029. Masked Balls.

Sec. 1031. Amusement Park Defined.

Sec. 1031.1. Permit.

Sec. 1032. License Fees for Amusement

Parks.

Sec. 1033. License by Tax Collector.

Sec. 1034. Sections Not Applicable.

Sec. 1036. Definitions.

Sec. 1036.1. Requirements for Machines.

Sec. 1036.2. Unlawful Acts — Exceptions.

Sec. 1036.3. Application for Permit.

Sec. 1036.4. Notice of Hearing.

Sec. 1036.5. Investigations.

Sec. 1036.6.

Sec. 1036.7.
Sec. 1036.8.

Sec. 1036.9.

Sec. 1036.10.
Sec. 1036.11.
Sec. 1036.12.
Sec. 1036.13.
Sec. 1036.14.

Sec. 1036.15.

Sec. 1036.16.

Sec. 1036.17.
Sec. 1036.18.

Sec. 1036.19.

Sec. 1036.20.
Sec. 1036.21.

Sec. 1036.22.

Sec. 1036.23.

Sec. 1036.24.
Sec. 1036.25.

Sec. 1036.26.
Sec. 1036.28.

Disapproval of Application —
Conditions Corrected —
Approval.

Issuance or Denial of Permit.
Certain Mechanical Amusement
Devices Prohibited.
Permit Forwarded to Tax
Collector, License Fees.
License Fees.

Electrical Inspection Costs.
Contents of Licenses.
Posting License in Premises.
Removal or Transfer of License
to Other Premises Prohibited.
No Prorating or Refunding of
License Fee.

License Fee Paid by Owner or

Operator.

Renewal of License.

Procedure Where No Current

License.

Suspension, Revocation or

Reinstatement of a Permit,

Procedure For.

Rules and Regulations to be

Adopted.

Ascertainment of Compliance

With All Laws, Etc. — Inspection

Therefor.

When Deemed a Public

Nuisance — Procedure Thereon.

Machines Excepted from

Provision Hereof.

Penalties.

Permit and License Required

Notwithstanding Any Other

Provision of Code.

Partial Repeal.

Saving Clause — Nonwaiver of

Debts Due and Unpaid.

561

San Francisco - Police Code

562

Sec.

1036.29.

Billiard and Pool Tables
Excepted.

Sec.

1036.30.

Purpose and Findings.

Sec.

1036.31.

Mechanical Amusement
Devices; Location.

Sec.

1036.31-1. Arcade Location; Limitation.

Sec.

1036.32.

Arcades — Operating Standards.

Sec.

1036.33.

Accessory Uses : — Operating
Standards.

Sec.

1036.34.

Exception to Requirements.

Sec.

1036.35.

Exemption.

Sec.

1037.

Billiard and Pool Tables.

Sec.

1037.1.

Filing Fee Application.

Sec.

1037.2.

License Fee.

Sec.

1037.3.

Permit and License Not Exempt
From Any Other Provision of
Code.

Sec.

1039.

Regulating Shooting Galleries —
Permit Required.

Sec.

1039.1.

Filing Fee.

Sec.

1039.2.

Shooting Galleries.

Sec.

1040.

Firearms Regulated.

Sec.

1041.

Closing During Certain Hours.

Sec.

1042.

Betting Prohibited.

Sec.

1043.

Bullet-proofing.

Sec.

1044.

Inspection by Police.

Sec.

1045.

Mechanical Contrivances and
Other Amusements.

Sec.

1045.1.

Filing Fee.

Sec.

1045.2.

License.

Sec.

1045.3.

Application and Posting.

Sec.

1045.4.

Exceptions.

Sec.

1049.

Providing for Inspection and
Regulation of Mechanical
Amusement Contrivances Used
to Convey Human Beings.

Sec.

1050.

Recreational Equipment Vendor
Defined.

Sec.

1051.

Permit Required.

Sec.

1052.

Application for Permit.

Sec.

1053.

License Fees.

Sec.

1054.

Regulations.

Sec.

1055.

Penalty.

SEC. 1015. IMPOSING A LICENSE TAX
ON ITINERANT SHOWS.

Every person, firm or corporation maintain-
ing or conducting in connection with an itinerant
show or exhibition, any museum, skating rink,
merry-go-round, swing, revolving wheel, chute,
toboggan slide, ferris wheel, mechanical contriv-
ance for carrying passengers, or any side show,
exhibition or concession, shall, after conforming
to the regulatory provisions of Sections 1017 and
1018 of this Article, pay a license fee for each day
for each and every concession, show or device
herein enumerated and conducted or maintained
in connection with any itinerant show or exhibi-
tion. (Amended by Ord. 555-81, App. 11/12/81)

SEC. 1016. ITINERANT SHOW DEFINED.

The term itinerant show or exhibition shall
be construed to mean any outdoor carnival, show
or concession, exhibiting or operating tempo-
rarily under a tent, or in the open, except such as
come within the provisions of Sections 1031 to
1034, inclusive, of this Article and the license
provisions of the Municipal Code. (Added by Ord.
1.075, App. 10/11/38)

SEC. 1017. PERMIT BY
ENTERTAINMENT COMMISSION;
REGULATIONS FOR.

The applicant for any show, exhibition or
concession mentioned in Section 1015 of this
Article shall, before beginning operations, obtain
a permit from the Entertainment Commission to
so operate, which permit may be revoked at any
time by the Entertainment Commission. With-
out such a permit from the Entertainment Com-
mission, the Tax Collector shall not issue a
license to conduct any itinerant show, exhibition
or concession enumerated in Sections 1015 and
1018 of this Article. If the permit is revoked, the
license issued thereon shall immediately termi-
nate and expire.

The application for an itinerant show shall be
filed in sufficient time to allow the Entertain-
ment Commission to notice and fix the time and
place for a public hearing on the application. Not
less than 10 days before such hearing, the En-
tertainment Commission shall cause a notice of

563

Licenses for Amusements

Sec. 1019.3.

such hearing to be posted in one or more con-
spicuous place(s) on or about the property where
the itinerant show is to be operated, in a fashion
designed to inform the public of the application.
Failure to apply in sufficient time for a noticed
hearing to be held may be cause for the Enter-
tainment Commission to deny issuance of a
permit. (Amended by Ord. 581-81, App. 12/10/81;
Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1017.1. FILING FEE.

Every person desiring a permit pursuant to
Section 1017 of this Article shall file an applica-
tion with the Entertainment Commission upon a
form provided by the Entertainment Commis-
sion and shall pay a filing fee. (Added by Ord.
555-81, App. 11/12/81; amended by Ord. 164-02,
File No. 020783, App. 7/26/2002)

SEC. 1017.2. EXEMPTION, NONPROFIT
ORGANIZATION.

Whenever a nonprofit organization contracts
for or rents an itinerant show or exhibition, the
filing fee for a permit shall be $100 and the
nonprofit organization shall be exempt from pay-
ing the license fee. (Added by Ord. 555-81, App.
11/12/81)

SEC. 1018. PERMIT AND LICENSE
REGULATIONS.

The provisions of Section 1049 of this Article
regulating the manner of testing passenger car-
rying devices shall be strictly observed before
any such itinerant show, exhibition or carnival
may open for business. A permit signed by the
Entertainment Commission certifying that all
legal requirements have been met must also be
first presented to the Tax Collector before said
official may issue a license to the owner or lessee
of any itinerant carnival, show or exhibition or to
any person holding a concession therein. (Added
by Ord. 1.075, App. 10/11/38; amended by Ord.
164-02, File No. 020783, App. 7/26/2002)

SEC. 1019. CIRCUSES.

For the purpose of Sections 1019 to 1019.5,
inclusive, a circus is hereby defined to be an
exhibition or entertainment at which feats of

horsemanship, acrobatic feats, and trained or
wild animals are exhibited or displayed, or any
combination of same, for which exhibition or
entertainment an admission fee is charged and
which exhibition or entertainment is conducted
by a person having no regular established place
of business in the City and County of San Fran-
cisco for the exhibition or display thereof; pro-
vided, however, that the definition of a circus
shall not include a rodeo exhibition or show
which is licensed under the provisions of Section
1020 of this Article, nor shall it be to include
pictorial representations or theatrical perfor-
mances. (Added by Ord. 555-81, App. 11/12/81)

SEC. 1019.1. PERMIT REQUIRED.

(a) It shall be unlawful for any person, firm
or corporation to conduct a circus without first
having obtained a permit therefor from the En-
tertainment Commission.

(b) Said permit shall set forth the seating
capacity of the circus, the date or dates of the
year on which the exhibition or entertainment
are to be held, and the number of side shows in
connection with or belonging to such circus.

(c) Applications for circus permits shall be
filed with the Entertainment Commission on a
form provided for said permit together with a
nonrefundable fee. (Added by Ord. 555-81, App.
11/12/81; amended by Ord. 164-02, File No.
020783, App. 7/26/2002)

SEC. 1019.2. LICENSE FEE.

Every owner, lessee or operator of a circus
shall pay a license fee for each and every day any
exhibition or performance is given therein. (Added
by Ord. 555-81, App. 11/12/81)

SEC. 1019.3. ISSUANCE OF LICENSE.

The Tax Collector shall not issue a license
under the provisions of Section 1019.2 unless the
owner, lessee or operator of said circus shall
obtain a permit to conduct the same from the
Entertainment Commission and present to the
Tax Collector such permit duly certified by the
Entertainment Commission. (Added by Ord. 555-
81, App. 11/12/81; amended by Ord. 164-02, File
No. 020783, App. 7/26/2002)

Sec. 1019.4.

San Francisco - Police Code

564

SEC. 1019.4. LICENSE FEE,
EXCEPTION.

Where the circus is given in or about the
Municipal Auditorium located at the Civic Cen-
ter, and said auditorium is rented or leased at
the regular rates usually charged therefor, the
sum of $50 each day shall be charged for the
license, with no additional license fee for any
side show. (Added by Ord. 555-81, App. 11/12/81)

SEC. 1019.5. EXEMPTIONS.

No additional license shall be required of
such owner, lessee or operator of a circus for any
team, wagon, truck, automobile, freight or pas-
senger car or equipment that is a part of such
circus and in actual use. (Added by Ord. 555-81,
App. 11/12/81)

SEC. 1020. RODEO EXHIBITIONS AND
SHOWS.

(a) It shall be unlawful for any owner, les-
see or operator of a rodeo exhibition or show to
conduct the same without first having obtained a
permit therefor from the Entertainment Com-
mission. Each permit shall be effective only for
those days indicated on the permit.

(b) Applications for rodeo permits shall be
filed with the Entertainment Commission on a
form provided for said permit together with a
nonrefundable fee.

(c) Every owner, lessee or operator of a
rodeo exhibition or show shall pay a license fee
for the first day and an additional fee for each
subsequent day any rodeo exhibition or perfor-
mance is given. The Tax Collector shall not issue
a license under the provisions of this Section
unless the owner, lessee or operator of said rodeo
exhibition or show shall obtain a permit to con-
duct the same from the Entertainment Commis-
sion and present such permit duly.

(d) A qualified, licensed veterinarian who is
an expert in the care of horses, bovines, sheep,
and other large animals, and approved by the
Commission on Animal Control and Welfare,
shall be on-site at all times during a rodeo
exhibition or show to examine the animals' con-
dition and to ensure that the animals are hu-

manely treated during the event at the permit
holder's expense. The veterinarian may have any
animal examined at any time without notice.
Any animal which suffers from a fatal injury as
determined by the veterinarian shall be immedi-
ately euthanized. The Chief of Police or the
Chiefs designee may suspend the use of any
animal after receiving a complaint from the
veterinarian regarding the condition or treat-
ment of any animal. A statement of findings
must be provided from the veterinarian and
approved by the Chief of Police or the Chiefs
designee prior to the animal returning to service.
All costs associated with medical tests, evalua-
tions and treatments are the responsibility of the
permit holder.

(e) All animals are to be used in humane
rodeo events only. Events such as greased pig
contests, or which utilize cattle prods, unfleeced
flank straps for cattle or flank straps without
sheepskin lining for horses are prohibited. The
Rules of the Professional Rodeo Cowboys Asso-
ciation shall apply to all rodeo events.

(f) Notification shall be provided to the Com-
mission on Animal Control and Welfare and the
Department of Animal Care and Control by the
permit applicant when any rodeo permit appli-
cation is filed with the Entertainment Commis-
sion, and when any permit is approved by the
Entertainment Commission.

(g) Any person who violates any provisions
of this section shall be deemed guilty a misde-
meanor and upon conviction such person shall be
punished by a fine not to exceed $1,000 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. 555-81, App. 11/
12/81; amended by Ord. 37-00, File No. 991878,
App. 3/10/2000; Ord. 164-02, File No. 020783,
App. 7/26/2002)

SEC. 1021. BALL OR RING THROWING
GAMES.

(a) It shall be unlawful for a keeper of a ball
or ring throwing game to operate said ball or ring
throwing game without first having obtained a
permit therefor from the Entertainment Com-
mission.

565

Licenses for Amusements

Sec. 1023.

(b) Applications for ball or ring throwing
permits shall be filed with the Entertainment
Commission on a form provided for said permit
together with a nonrefundable fee.

(c) Every keeper of a ball or ring throwing
game shall pay a license fee. All licenses issued
under the provisions of this Section shall be
issued for a period of one year to date from the
expiration of the last license or from the date
that the applicant shall have commenced busi-
ness. Provided, however, that no such keeper
shall be issued a license under this Section
without first obtaining a permit from the Enter-
tainment Commission. (Added by Ord. 555-81,
App. 11/12/81; amended by Ord. 164-02, File No.
020783, App. 7/26/2002)

SEC. 1022. DEFINITIONS.

Unless the context specifically indicates oth-
erwise, the following terms, as used in this
Chapter, shall mean or include:

(a) "Dance." Any gathering of persons in or
upon any premises, other than a private home or
residence or a class in which instruction in
dancing is given for hire, where dancing is par-
ticipated in. Dances, as defined herein, shall be
classified in types as follows: "General" shall
include any dance to which persons 18 years of
age or older are admitted. "Special" shall include
any dance to which no persons 15 years of age or
younger or 21 years of age or older are admitted
as participants.

(b) "Dance Hall." Any building or place in
which a dance is held.

(d) "Security Plan." A plan that (i) pro-
vides at least 1 security guard for 100 persons in
attendance at the dance, (ii) secures a 50 foot
perimeter in all directions around the location of
the dance hall to prevent injury to persons and/or
damage to property, and (iii) provides for the
orderly disbursement of persons and traffic from
the dance hall. The Entertainment Commission,
in consultation with the San Francisco Police

Department, shall develop rules and regulations
implementing this section. (Added by Ord. 139-
67, App. 6/5/67; amended by Ord. 262-04, File
No. 041148, App. 11/4/2004)

SEC. 1023. PERMIT REQUIRED.

(a) It shall be unlawful for any person to
own, conduct, operate, or maintain, or to cause or
to permit to be conducted, operated, or main-
tained any dance hall, or

(b) to conduct, promote, or sponsor or to
cause or to permit to be conducted, promoted, or
sponsored any dance within the City and County
of San Francisco without first having obtained a
dance permit from the Entertainment Commis-
sion.

(c) Any place or premises where a dance is
to be held must conform to all existing health,
safety, and fire ordinances of the City and County
of San Francisco. Proof of such shall be provided
by permit applicant at the time of application for
a dance permit.

(d) Any place or premises where a dance is
to be held must have a Security Plan, except
dances of a bona fide social character, to which
admission is limited strictly on invitation of the
person acting as host, and for which no fee,
either by way of admission or in any other
manner, is charged. Proof of such plan shall be
provided by permit applicant at the time of
application for a dance permit.

(e) It shall be the responsibility of any owner
or manager of any building or place that rents
such a facility for use by others to inform any
person planning to use the facility for a dance of
the requirement to obtain a dance permit pursu-
ant to this section.

(f) This permit requirement does not apply
if the location at which the dance is being held
has a place of entertainment permit, the permit
is valid, and the place of entertainment provides
free drinking water as required by Section 1070.27.
(Amended by Ord. 139-67, App. 6/5/67; Ord.
200-01, File No. 010845, App. 9/28/2001; Ord.
164-02, File No. 020783, App. 7/26/2002; Ord.
262-04, File No. 041148, App. 11/4/2004)

Sec. 1024.

San Francisco - Police Code

566

SEC. 1024. APPLICATION FOR PERMIT.

Applications for said permit shall be made in
writing to the Entertainment Commission and
shall be made in such form and shall contain
such information as the Entertainment Commis-
sion shall require. Every applicant for a permit
may be required to furnish such evidence of
criminal history and permit history as the En-
tertainment Commission shall require. In grant-
ing or denying a permit, the Entertainment
Commission shall give particular consideration
to the peace, order, and moral welfare of the
public; provided, however, that only one type of
dance, as enumerated in Section 1022(a) of this
Chapter, shall be permitted in any dance hall on
the same day, up to and including 2:00 a.m. of the
following day. Upon application for a dance hall
permit the Entertainment Commission shall set
a time, date, and place for a public hearing
thereon and shall cause a notice thereof to be
conspicuously posted upon the premises con-
cerned not less than 10 days before the date set
for public hearing. The notice shall set forth the
name of the applicant, the purpose for which the
application is made, and the time, date, and
place of the public hearing on the application.

The Entertainment Commission may con-
sider, but is not limited to the following factors in
the issuing or granting of a permit:

(1) The criminal history and permit history
of the applicant;

(2) Suitability of the premises in relation to
the surrounding neighborhood;

(3) Number of permits in the immediate
vicinity;

(4) Physical suitability of the premises with
reference to floor space and lighting;

(5) Proximity to bar facilities, if any;

(6) Type of dance to be conducted. (Amended
by Ord. 139-67, App. 6/5/67; Ord. 164-02, File No.
020783, App. 7/26/2002; Ord. 217-02, File No.
021461, App. 11/1/2002)

SEC. 1024.1. FILING FEE.

Every person desiring a permit pursuant to
Sections 1023 and 1024 of this Article shall file
an application with the Entertainment Commis-

sion upon a form provided by the Entertainment
Commission and shall pay a filing fee. (Added by
Ord. 555-81, App. 11/12/81; amended by Ord.
164-02, File No. 020783, App. 7/26/2002)

SEC. 1025. LICENSE FEES.

Every person granted a dance hall permit by
the Entertainment Commission shall pay to the
Tax Collector an annual license fee, payable in
advance.

The license fee prescribed in this section is
due and payable on a calendar year basis, start-
ing January 1, 1967. Fees for new licenses issued
prior to January 1, 1967, or after the first day of
January of that year, or in any subsequent
calendar year, shall be prorated with regard to
the calendar year on a monthly basis.

The provisions of this Section shall not apply
to any dance hall used exclusively for any of the
following dances:

(a) Dances of a bona fide social character, to
which admission is limited strictly on invitation
of the person acting as host, and for which no fee,
either by way of admission or in any other
manner, is charged.

(b) Dances given by any public agency or by
any educational, recreational, or social agency, or
by any bona fide fraternal, charitable, or reli-
gious or benevolent or any other nonprofit orga-
nization having a regular membership associa-
tion primarily for mutual social, mental, political,
and civic welfare, to which admission is limited
to members and guests, and revenue accruing
therefrom to be used exclusively for the benevo-
lent purposes of said organization.

(c) Dances conducted by any dancing acad-
emy or dancing class in which instruction in
dancing is given for hire. (Amended by Ord.
555-81, App. 11/12/81; Ord. 164-02, File No.
020783, App. 7/26/2002)

SEC. 1026. REGULATIONS.

(a) Hours. "Special" dances shall be con-
ducted only between the hours of 6:00 a.m. and
12:00 midnight; "General" dances shall be con-
ducted only between the hours of 6:00 a.m. and
2:00 a.m. of the following day; provided, however,

567

Licenses for Amusements

Sec. 1027.

the Entertainment Commission may, in the En-
tertainment Commission's discretion allow, by
order permitting the same, the conduct of "Gen-
eral" and "Special" dances at hours other than
the hours stated in this subsection.

(b) Supervision. The Entertainment Com-
mission may require that one or more private
security officers or, with the permission of the
Chief of Police, police officers, be employed by
any person to whom a dance permit is granted, to
supervise said dances.

person under 18 years of age shall enter or be, or
shall be permitted to enter or be, in any dance
hall at any time a "General" dance is being
conducted therein, unless such person is accom-
panied by parent, guardian, or other person
having the care and custody thereof.

No person 16 or 17 years of age shall enter or
be, or shall be permitted to enter or be, in any
dance hall after 12:00 midnight where a "Spe-
cial" dance is conducted unless said person is
accompanied by parent, guardian, or other per-
son having the care and custody thereof; pro-
vided however, that the dance hours are permit-
ted by the Entertainment Commission as
enumerated in Subsection (a) of this Section.

No person under 16 years of age shall enter
or be, or be permitted to enter or be, in any dance
hall wherein a "Special" dance is being held
unless said person is accompanied by parent,
guardian, or other person having the care and
custody thereof; provided however, the Entertain-
ment Commission may, in the Entertainment
Commission's discretion allow, by order permit-
ting the same, said persons to attend a dance
conducted, promoted or sponsored by a public
agency or by an educational, recreational or
social organization or agency which is incorpo-
rated in the State of California and which is
exempt from taxation under the Internal Rev-
enue laws of the United States as a bona fide
fraternal, charitable, religious, benevolent or non-
profit organization having a regular membership
associated primarily for mutual social, mental,
political or civic welfare, and where admission to
such dance is limited to members and guests and

the revenue accruing from such dance is to be
used exclusively for the benevolent purposes of
said organization or agency.

(d) Adults Prohibited. No person 21 years
of age or older shall attend or be permitted to
attend a "Special" dance as a participant therein.

(e) Pass-Out Checks Prohibited; Excep-
tions. No person admitted to a dance shall be
permitted to leave and thereafter reenter the
dance premises during the course of said dance,
and no pass-out checks shall be issued unless
required by the physical arrangements of the
premises.

(f) Free Drinking Water. If the location
for which the dance hall permit is issued holds
over 500 persons the permit holder shall provide
free cool drinking water to patrons by means of
an automatic drinking fountain or by providing
without charge cups of water at all beverage
service locations, or both. (Amended by Ord.
260-81, App. 5/21/81; Ord. 176-00, File No. 000477,
App. 7/28/2000; Ord. 164-02, File No. 020783,
App. 7/26/2002)

SEC. 1027. PENALTY.

Any person who violates any of the provisions
of Sections 1023 to and including 1026 of this
Chapter shall be guilty of an infraction. Any
person who violates Sections 1023 through 1026
more than once in a 12 month period shall be
guilty of an infraction or a misdemeanor, at the
discretion of the prosecutor. A violation which is
an infraction is punishable by a fine of not more
than $100. A violation which is a misdemeanor is
punishable by a fine of not less than $500 and
not more than $1000 or by imprisonment in the
jail of the City and County for a term of not more
than six months, or by both such fine and im-
prisonment.

Additionally, any violation of the provisions
of Sections 1023 to and including 1026 of this
Chapter or Section 3305 of Article 33 by a per-
mittee hereunder, or by a person in charge of the
event, shall be deemed cause to revoke the dance
permit, or to revoke or suspend a permit granted
pursuant to Police Code Article 15.1 subject to a

Sec. 1027.

San Francisco - Police Code

568

hearing by the Entertainment Commission.
(Amended Ord. 139-67, App. 6/5/67; Ord. 17-92,
App. 1/21/92; Ord. 164-02, File No. 020783, App.
7/26/2002; Ord. 262-04, File No. 041148, App.
11/4/2004)

SEC. 1029. MASKED BALLS.

(a) It shall be unlawful for any person, firm
or corporation to give, hold or conduct any exhi-
bition or entertainment known as a bal masque
or masked ball, or by any other name where the
persons attending thereat appear in fancy dress,
or represent any character or personage with
masks or dominoes, whether or not an admission
fee is charged, without first having obtained a
permit therefor from the Entertainment Com-
mission; provided, however, that no permit is
hereby required for private theatricals or private
dancing parties, given or conducted by any per-
son in his own dwelling house, nor for theatrical
performances.

(b) Applications for masked ball permits
shall be filed with the Entertainment Commis-
sion on a form provided for said permit together
with a nonrefundable fee. All such applications
must contain the name or names of the person or
persons, company, association or corporation which
proposes to give such exhibition or entertain-
ment, the place at which the same shall be held
or given, and the date upon which the same is
proposed to be held.

(c) Every person, firm or corporation giving,
holding or conducting any masked ball, for which
a permit is required by this section, shall pay a
license fee for each such entertainment or exhi-
bition. The Tax Collector shall issue the license
provided for in this section only upon the filing in
his office of a written permit therefor from the
Entertainment Commission. (Added by Ord. 555-
81, App. 11/12/81; amended by Ord. 164-02, File
No. 020783, App. 7/26/2002)

SEC. 1031. AMUSEMENT PARK
DEFINED.

An amusement park, within the meaning of
Sections 1031 to 1034, inclusive, of this Article, is
hereby defined to be a place maintained and
conducted for the purpose of amusing the public

by operating and conducting therein and thereon
"Merry-go-rounds," "Figure 8," "Coasters," "Old
Mills," and other and similar forms of amuse-
ment and entertainment, and maintaining and
conducting certain devices and contrivances which
provide and afford games which are distinctly
games of skill and of the general nature of the
games of skill in vogue at the beaches and
amusement parks throughout the country; and
eating places and restaurants. (Added by Ord.
1.075, App. 10/11/38)

SEC. 1031.1. PERMIT.

It shall be unlawful to engage in the business
of conducting an amusement park without first
having obtained a permit therefor from the En-
tertainment Commission. Applications for amuse-
ment park permits shall be filed with the Enter-
tainment Commission on a form provided for
said permit together with a nonrefundable fee.
(Added by Ord. 555-81, App. 11/12/81; amended
by Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1032. LICENSE FEES FOR
AMUSEMENT PARKS.

Every person, firm or corporation engaged in
the business of conducting an amusement park
shall pay to the Tax Collector of the City and
County of San Francisco, an annual license tax.
(Amended by Ord. 555-81, App. 11/12/81)

SEC. 1033. LICENSE BY TAX
COLLECTOR.

The Tax Collector shall not issue a license for
an amusement park unless the applicant shall
present to him a permit for such park from the
Entertainment Commission. The permit shall
contain the name of the applicant, and the loca-
tion of the amusement park. (Added by Ord.
1.075, App. 10/11/38; amended by Ord. 164-02,
File No. 020783, App. 7/26/2002)

SEC. 1034. SECTIONS NOT
APPLICABLE.

The issuance of a permit and license under
the provisions of Sections 1031 to 1034, inclu-
sive, shall exempt the permit holder from permit
and license requirements of Sections 1015, 1017,

569

Licenses for Amusements

Sec. 1036.2.

1021, 1039, 1039.2, 1045, and 1045.2 of this
Article, in so far as they apply to amusement
parks, as herein defined, or the games or devices
therein operated and conducted, but shall not
exempt the permittee or licensee from any other
provisions of this Article of the San Francisco
Municipal Code or any ordinances of the City
and County of San Francisco requiring a permit
or license or otherwise regulating the use or
maintenance of such amusement parks or the
games and devices therein operated and con-
ducted. (Amended by Ord. 555-81, App. 11/12/81)

SEC. 1036. DEFINITIONS.

As used in this Article, the following words
shall have the following respective meanings:

"Accessory use" shall mean the operation of
one to 10 mechanical amusement devices on
premises wherein another business operates.

"Arcade" shall mean any premises where 11
or more mechanical amusement devices are op-
erated.

"Mechanical amusement device" shall mean
any machine or device which, upon the insertion
of a coin, slug or token in any slot or receptacle
attached to said machine or connected there-
with, operates or which may be operated for use
as a game, contest or amusement or which may
be used for any such game, contest or amuse-
ment and which does not contain a pay-off device
for the return of slugs, money, coins, checks,
tokens or merchandise.

"Owner or operator of a mechanical amuse-
ment device" shall mean:

(a) Any owner of such mechanical amuse-
ment device who operates or permits the same to
be played or operated in his place of business or
in any place under his control or who installs or
maintains the same in any place where the same
can be played or operated by persons in or about
said place;

(b) The persons in whose place of business
any such mechanical amusement device is placed
for the use, amusement, patronage or recreation
of the public or of persons in or about said place.

"Person" shall mean any corporation, associa-
tion, syndicate, joint stock company, partner-
ship, club, Massachusetts business or common
law trust, society or individual.

"Public retail floor space" shall mean that
portion of the premises to which the public is
allowed access.

"Street" shall mean any street, alley, way,
boulevard, or road, either public or private, that
is used or to be used for ingress or egress.

"Video game machine" shall mean any me-
chanical amusement device, as defined in this
Section, which is characterized by the use of
cathode ray tube display. (Amended by Ord.
401-82, App. 8/13/82)

SEC. 1036.1. REQUIREMENTS FOR
MACHINES.

Every mechanical amusement device shall
have a seal or tag permanently attached thereto
showing the serial number of the mechanical
amusement device, a label or decal stating the
name, address and telephone number of the
owner of the mechanical amusement device, and,
in addition thereto, if wired for electricity, a label
indicating the name and address of the manu-
facturer and the voltage and current necessary
for the proper operation of said mechanical amuse-
ment device.

Each portable mechanical amusement device
wired for electricity shall be equipped with not
more than six feet of electric cord of a type
approved by the Department of Electricity, and
shall be connected to a convenience plug recep-
tacle adjacent to said mechanical amusement
device.

Where it is necessary to install electric wir-
ing to said mechanical amusement device loca-
tion, said wiring shall be installed by a regis-
tered electrical contractor in accordance with the
provisions of Article 1, Chapter III, Part II, of the
San Francisco Municipal Code. (Amended by
Ord. 123-86, App. 4/11/86)

SEC. 1036.2. UNLAWFUL ACTS-
EXCEPTIONS.

(a) Nothing in Sections 1036 to 1036.34,
inclusive, shall be construed to authorize or
permit either the use or operation of any gam-

Sec. 1036.2.

San Francisco - Police Code

570

bling device whatsoever or of any mechanism
that has been judicially determined to be a
gambling device in any way contrary to law, or to
authorize or permit any other conduct otherwise
unlawful. Nothing in this Section shall preclude
an award of a free game or games upon a
mechanical amusement device.

(b) It shall be unlawful for any person to
install, operate or maintain to be operated any
mechanical amusement device in the City and
County of San Francisco without first having
obtained a permit in writing to do so from the
Entertainment Commission.

(c) The provisions of Sections 1036 to 1036.34,
inclusive, shall not be construed to apply to
mechanical amusement devices installed, oper-
ated or maintained in private residences or busi-
nesses intended for free use solely by the resi-
dents or employees at those locations. (Amended
by Ord. 401-82, App. 8/13/82; Ord. 164-02, File
No. 020783, App. 7/26/2002)

SEC. 1036.3. APPLICATION FOR
PERMIT.

Application for said permit shall be made to
the Entertainment Commission on forms pro-
vided by the Entertainment Commission, shall
be signed by the applicant and be accompanied
by payment of the filing fee and shall contain the
following information in addition to whatever
additional information is deemed necessary by
the Entertainment Commission:

(a) Name of the applicant.

(b) The name and address of any person,
other than the applicant, who holds any right,
title or interest in or to each mechanical amuse-
ment device for which a permit is sought, and in
those instances where such person is other than
an individual, there shall be filed with the En-
tertainment Commission and kept available for
public inspection, a statement showing, in the
case of a partnership, the names and addresses
of the partners; in the case of a corporation, the
names and addresses of the stockholders and
directors and in the case of a business trust, the
names of the trustor, trustee, and beneficiary or
beneficiaries.

(c) Place where said mechanical amuse-
ment device is to be placed, maintained to be
operated or operated; and, if said mechanical
amusement device or devices are to be placed,
maintained to be operated or operated in connec-
tion with any other business or calling, the
character of said business or calling.

(d) A complete description of the type of the
mechanical amusement device and the manner
in which it is to be placed, maintained to be
operated or operated.

(e) The total number of mechanical amuse-
ment devices to be placed, maintained to be
operated or operated at the location for which
the permit is requested. (Added by Ord. 555-81,
App. 11/12/81; amended by Ord. 164-02, File No.
020783, App. 7/26/2002)

SEC. 1036.4. NOTICE OF HEARING.

When an application is filed for a new permit
or for an increase in the number of mechanical
amusement devices pursuant to Section 1036.3
of this Article, the Entertainment Commission
shall fix a time and place for a public hearing
thereon. Not less than 10 days before the date of
such hearing, the Entertainment Commission
shall cause to be posted a notice of such hearing
in a conspicuous place on the property in which
or on which the mechanical amusement devices
are to be operated. Such notice shall set forth the
specific type of mechanical amusement devices
and the number thereof which the applicant
intends to operate. The posting shall be the
exclusive responsibility of the Entertainment
Commission, and the applicant shall maintain
said notice as posted until after the date of the
hearing. (Amended by Ord. 401-82, App. 8/13/82;
Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1036.5. INVESTIGATIONS.

Upon receipt of said application, the Enter-
tainment Commission shall cause to be investi-
gated the statements as set forth in the applica-
tion.

Any permit to maintain for operation me-
chanical amusement devices which are wired for
electricity must have been approved by the De-

571

Licenses for Amusements

Sec. 1036.8.

partment of Public Works prior to its final issu-
ance by the Entertainment Commission. The
Director of Public Works shall determine whether
the ordinances of the City and County of San
Francisco and the rules and regulations of said
department pertaining to such mechanical amuse-
ment devices are complied with.

The Entertainment Commission may grant a
permit for the operation of a mechanical amuse-
ment device conditional upon approval of the
Director of the Department of Public Works.

Any permit for operation of a mechanical
amusement device granted by the Entertain-
ment Commission conditionally upon the ap-
proval of the Director of the Department of
Public Works may be appealed to the Board of
Permit Appeals. Such appeal must be filed within
10 days of the final decision of the Entertain-
ment Commission issuing the conditional per-
mit.

Any permit granted by the Entertainment
Commission conditionally upon approval of the
Director of the Department of Public Works shall
expire within six months from the date of the
final decision of the Entertainment Commission
if the Director's approval is not granted. The
Entertainment Commission shall cause to be
forwarded to the Director of Public Works for
investigation those applications for permits to
maintain for operation mechanical amusement
devices which are wired for electricity. (Amended
by Ord. 401-82, App. 8/13/82; Ord. 164-02, File
No. 020783, App. 7/26/2002)

SEC. 1036.6. DISAPPROVAL OF
APPLICATION— CONDITIONS
CORRECTED— APPROVAL.

In the event that the application for a me-
chanical amusement device permit is disap-
proved by the Director of Public Works, the
Entertainment Commission shall notify the ap-
plicant for said permit of such fact. Upon receiv-
ing said notice from the Entertainment Commis-
sion, the applicant shall have the opportunity of
correcting such conditions as have been disap-
proved. This correction shall be made within 10
days after receipt of said notice; and, if such

conditions have been corrected to the satisfac-
tion of the Director of Public Works, the permit
may be issued. (Added by Ord. 555-81, App.
11/12/81; amended by Ord. 164-02, File No.
020783, App. 7/26/2002)

SEC. 1036.7. ISSUANCE OR DENIAL OF
PERMIT.

If the Entertainment Commission approves
the granting of said permit he may issue a
permit to said applicant, which permit shall be
serially numbered and the renewal or continu-
ance thereof shall be governed by the provisions
of Section 23, Article 1, Part III, of the San
Francisco Municipal Code; provided, if said me-
chanical amusement device is wired for electric-
ity, said application for such permit shall first be
approved by the Director of Public Works. The
Entertainment Commission may, in the exercise
of sound discretion, deny said permit.

The Entertainment Commission shall cause
to be forwarded to the Director of Public Works
written notice of his granting or denial of said
permit if said mechanical amusement device is
wired for electricity. (Added by Ord. 555-81, App.
11/12/81; amended by Ord. 164-02, File No.
020783, App. 7/26/2002)

SEC. 1036.8. CERTAIN MECHANICAL
AMUSEMENT DEVICES PROHIBITED.

No permit shall be issued to any applicant
relating to any mechanical amusement device,
which for each coin, slug or token inserted makes
available to the player, for actual play, only one
ball or marble, nor shall any permit be issued to
any applicant relating to any mechanical amuse-
ment device which permits or is adapted to the
insertion of more than one coin, slug or token, for
the playing of a single complete game; or which
permits or is adapted to the insertion of addi-
tional coins, slugs or tokens during the playing of
or before the completion of the game for which
the original coin, slug or token was inserted in
said mechanical amusement device. Nothing in
this Section is intended to prohibit the insertion
of more than one coin for the sole purpose of
reaching the amount or price required to play the
game, and the insertion of which does not change

Sec. 1036.8.

San Francisco - Police Code

572

the odds, grant bonuses, or otherwise affect the
method of play or the outcome of the game.
(Amended by Ord. 125-85, App. 3/14/85)

SEC. 1036.9. PERMIT FORWARDED TO
TAX COLLECTOR, LICENSE FEES.

When any permit is issued under the provi-
sions of this Article, the Entertainment Commis-
sion shall cause such permit to be forwarded to
the office of the Tax Collector for delivery to the
permittee upon the payment of the license fees.
(Added by Ord. 555-81, App. 11/12/81; amended
by Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1036.10. LICENSE FEES.

Every holder of a mechanical amusement
device permit shall pay at the office of the Tax
Collector for each separate mechanical amuse-
ment device which the permit authorizes, an
annual license fee, payable in advance. (Added
by Ord. 555-81, App. 11/12/81)

SEC. 1036.11. ELECTRICAL
INSPECTION COSTS.

In calculating the fees earned by the Electri-
cal Inspection division of the Department of
Public Works pursuant to the provisions of Sec-
tion 24 of the Charter of the City and County of
San Francisco a percentage of the license fees
derived pursuant to Section 1036.10 of this Ar-
ticle shall be credited to said division pursuant to
the annual determination by the Controller as
provided by Section 2.21 of this Code. (Added by
Ord. 555-81, App. 11/12/81)

SEC. 1036.12. CONTENTS OF LICENSES.

The Tax Collector shall issue a license for
such mechanical amusement device for which
the fee was paid, showing thereon the:

(a) Name of the permittee;

(b) Address at which the mechanical amuse-
ment device is to be operated or maintained to be
operated;

(d) Serial number of the permit and the
expiration date of the license. (Added by Ord.
555-81, App. 11/12/81)

SEC. 1036.13. POSTING LICENSE IN
PREMISES.

The license shall be permanently and con-
spicuously posted at the location of the machines
in the premises wherein said mechanical amuse-
ment devices are to be operated or maintained to
be operated, and shall not be removed from said
location during the period for which said license
was issued. (Added by Ord. 555-81, App. 11/12/
81)

SEC. 1036.14. REMOVAL OR TRANSFER
OF LICENSE TO OTHER PREMISES
PROHIBITED.

Nothing in Sections 1036 to 1036.34, inclu-
sive, shall permit the removing or transferring of
the license to any other premises other than
those for which the license was originally issued.
(Amended by Ord. 401-82, App. 8/13/82)

SEC. 1036.15. NO PRORATING OR
REFUNDING OF LICENSE FEE.

License fees paid under the provisions of
Sections 1036.9 shall not be prorated or re-
funded. (Added by Ord. 555-81, App. 11/12/81)

SEC. 1036.16. LICENSE FEE PAID BY
OWNER OR OPERATOR.

When any one of the persons mentioned in
subdivisions (a) and (b) of Section 1036 of this
Article, which subdivisions define the term "Owner
and Operator of a Mechanical Amusement De-
vice," obtains a permit and pays a license fee for
the maintenance or operation of said mechanical
amusement device, the said permit and license
fee shall cover each of the persons mentioned in
said subdivisions (a) and (b) of said Section 1036
of this Article. (Added by Ord. 555-81, App.
11/12/81)

SEC. 1036.17. RENEWAL OF LICENSE.

Licenses for mechanical amusement devices
shall be renewed as set forth in Sections 2.8 and
2.10 of this Code. (Amended by Ord. 401-82, App.
8/13/82)

573

Licenses for Amusements

Sec. 1036.21.

SEC. 1036.18. PROCEDURE WHERE NO
CURRENT LICENSE.

If any mechanical amusement device is placed,
operated or maintained to be operated without a
current license, the Chief of Police shall imme-
diately cause same to be impounded and shall
not release said mechanical amusement device
until a penalty equal to the filing fee for mechani-
cal amusement devices currently in effect plus
$25 for each mechanical amusement device im-
pounded has been paid to the Police Department.

Mechanical amusement devices impounded
under the provisions of this Section shall be held
for a period of 90 days and if not redeemed
within such period shall be destroyed or other-
wise disposed by the Chief of Police. Mechanical
amusement devices impounded under the provi-
sions of this Section and subsequently released
as set forth in this Section shall not be placed,
operated or maintained to be operated without
obtaining a mechanical amusement device per-
mit and paying the current license fee. (Amended
by Ord. 401-82, App. 8/13/82)

SEC. 1036.19. SUSPENSION,
REVOCATION OR REINSTATEMENT OF
A PERMIT, PROCEDURE FOR.

When the Entertainment Commission shall
determine that the permittee or any of the
permittee's servants, agents or employees, in the
use, operation or maintenance of any such me-
chanical amusement device or in the use, opera-
tion or maintenance of the premises is violating
or attempting to violate any law of the State of
California or any ordinance of the City and
County of San Francisco or the rules and regu-
lations of any department thereof concerned or
that the permittee has failed to take adequate
security measures to prevent patrons, on or
about the premises, from violating any of the
above laws; or, if in the opinion of the Entertain-
ment Commission, it is deemed necessary for the
protection of the health, safety and welfare of the
public, the Entertainment Commission, after writ-
ten notice to the permittee, shall have the power
to suspend and, after due and proper hearing,

shall have the power to revoke, any permit
issued under the provisions of Sections 1036 to
1036.34, inclusive.

The Entertainment Commission shall cause
to be forwarded to the Tax Collector, and, if said
mechanical amusement device is wired for elec-
tricity, to the Director of Public Works, written
notice of any revocation, suspension or reinstate-
ment of any permit herein provided for. (Amended
by Ord. 401-82, App. 8/13/82; Ord. 164-02, File
No. 020783, App. 7/26/2002)

SEC. 1036.20. RULES AND
REGULATIONS TO BE ADOPTED.

The Chief of Police, Entertainment Commis-
sion and the Director of Public Works, after
public hearing thereon, are authorized to adopt,
promulgate and enforce such rules and regula-
tions regarding mechanical amusement devices
as will enable the Police Department, Entertain-
ment Commission and the Department of Public
Works to enforce and carry out the meaning and
intent of Sections 1036 to 1036.34, inclusive, of
this Article. (Amended by Ord. 401-82, App.
8/13/82; Ord. 164-02, File No. 020783, App. 7/26/
2002)

SEC. 1036.21. ASCERTAINMENT OF
COMPLIANCE WITH ALL LAWS, ETC.—
INSPECTION THEREFOR.

It shall be the duty of the Chief of Police to
ascertain that all laws of the State of California,
the provisions of Sections 1036 to 1036.34, inclu-
sive, all ordinances of the City and County of San
Francisco, and the rules and regulations of any
departments thereof concerned, pertaining to
mechanical amusement devices are strictly com-
plied with, and for that purpose the representa-
tives of the Police Department, and, if said
mechanical amusement device is wired for elec-
tricity, the representatives of the Department of
Public Works, shall have access to any mechani-
cal amusement device at any and all times, and
the same shall be inspected by each of said
departments as often as may be deemed neces-
sary. (Amended by Ord. 401-82, App. 8/13/82)

Sec. 1036.22.

San Francisco - Police Code

574

SEC. 1036.22. WHEN DEEMED A PUBLIC
NUISANCE— PROCEDURE THEREON.

Any mechanical amusement device operated
or maintained to be operated in violation of any
law of the State of California or of Sections 1036
to 1036.34, inclusive, of this Article or any ordi-
nances of the City and County of San Francisco
or the rules and regulations of any state or
municipal departments thereof concerned shall
be deemed to be a public nuisance, and any such
mechanical amusement device so operated or
maintained to be operated shall be impounded
by the Chief of Police; and, if any court of
competent jurisdiction shall determine that said
mechanical amusement device, or the use or
operation thereof, violates or has violated any of
said laws, ordinances, rules or regulations, said
mechanical amusement device shall be confis-
cated by said Chief of Police; but, if said mechani-
cal amusement device is one which may be
legally operated under the provisions of Sections
1036 to 1036.34, inclusive, of this Article and is
seized for the failure of the owner or operator
thereof to obtain the necessary permit or to pay
the necessary license fee for the maintenance or
operation of said mechanical amusement device,
said mechanical amusement device shall be dealt
with as provided in Section 1036.18 of this Ar-
ticle. (Amended by Ord. 401-82, App. 8/13/82)

SEC. 1036.23. MACHINES EXCEPTED
FROM PROVISION HEREOF.

The provisions of Sections 1036 to 1036.34,
inclusive, shall not apply to any machine or
mechanical amusement device which, in return
for the coin deposited in said mechanical amuse-
ment device, will deliver the equivalent value of
said coin in merchandise; provided, that no prize,
reward, bonus or other thing of value is delivered
with said merchandise. (Amended by Ord. 401-
82, App. 8/13/82)

SEC. 1036.24. PENALTIES.

Any person violating any of the provisions of
Sections 1036 to 1036.34, inclusive, shall be
guilty of a misdemeanor and, in addition to such
other penalties as are provided by law, shall have
his permit or permits revoked by the Entertain-

ment Commission and shall be precluded from
procuring any further permits for a mechanical
amusement device. When, in the opinion of the
Entertainment Commission, any mechanical
amusement device is being used or operated in
violation of any section of any article relating to
the operation of mechanical amusement devices,
the Entertainment Commission shall in its dis-
cretion have the power to revoke the permit for
such mechanical amusement device. Any person
who knowingly and willingly furnishes a me-
chanical amusement device to any permittee,
which device violates any of the provisions of
Sections 1036 to 1036.34, inclusive, of this Ar-
ticle shall henceforth in the discretion of the
Entertainment Commission be precluded from
furnishing any mechanical amusement device or
devices to any permittee in the City and County
of San Francisco. (Amended by Ord. 401-82, App.
8/13/82; Ord. 164-02, File No. 020783, App. 7/26/
2002)

SEC. 1036.25. PERMIT AND LICENSE
REQUIRED NOTWITHSTANDING ANY
OTHER PROVISION OF CODE.

The issuance of a permit or license under the
provisions of Sections 1036 to 1036.34, inclusive,
shall not exempt the permittee or licensee, not-
withstanding any section of the San Francisco
Municipal Code or any section of any ordinance
of the City and County of San Francisco making
any section or sections thereof inapplicable, from
the provisions of the San Francisco Municipal
Code or any ordinance or ordinances of the City
and County of San Francisco requiring a permit
or license. (Amended by Ord. 401-82, App. 8/13/
82)

SEC. 1036.26. PARTIAL REPEAL.

Any and all ordinances, or parts thereof, in
conflict with the provisions of Sections 1036 to
1036.34, inclusive, are hereby repealed but only
to such extent as conflict may exist. (Amended by
Ord. 401-82, App. 8/13/82)

SEC. 1036.28. SAVING CLAUSE-
NONWAIVER OF DEBTS DUE AND
UNPAID.

If any section, subsection, subdivision, para-
graph, sentence, clause or phrase of Sections

575

Licenses for Amusements

Sec. 1036.31.

1036 to 1036.34, inclusive, is for any reason held
to be unconstitutional, such decisions shall not
affect the validity of the remaining portions of
Sections 1036 to 1036.34, inclusive. The Board of
Supervisors hereby declares that it would have
passed Sections 1036 to 1036.34, inclusive, and
each section, subsection, subdivision, paragraph,
sentence, clause and phrase thereof, irrespective
of the fact that any one or more other sections,
subsections, subdivisions, paragraphs, sentences,
clauses or phrases be declared unconstitutional.

The enactment of Sections 1036 to 1036.34,
inclusive, shall not in any manner be construed
as a waiver of any license or permit fees or any
other fees or money due and unpaid under the
provisions of any section of the San Francisco
Municipal Code or any ordinance of the City and
County of San Francisco. (Amended by Ord.
401-82, App. 8/13/82)

SEC. 1036.29. BILLIARD AND POOL
TABLES EXCEPTED.

Sections 1036 through 1036.34, inclusive, of
this Code shall not apply to coin-operated bil-
liard, pool or combination tables. All such tables
are subject to the licensing provisions of this
Code in accordance with Sections 1037 to 1037.3,
inclusive, and Sections 510 and 510.1. (Amended
by Ord. 401-82, App. 8/13/82)

SEC. 1036.30. PURPOSE AND FINDINGS.

The Board of Supervisors of the City and
County of San Francisco hereby finds and de-
clares as follows:

(a) The number of video game machines is
rapidly increasing in the City and County of San
Francisco. Between January 1, 1982 and March
31, 1982, the Police Department issued 81 per-
mits for mechanical amusement devices covering
a total of 493 machines, approximately 90 per-
cent of which were video game machines. Cur-
rently, there are approximately 48 applications
pending for mechanical amusement device per-
mits for an additional 178 video game machines.

(b) As the number of video game machines
has increased, public concern has grown with
respect to the location of these machines, the

number of machines permitted at any given
location, creation of street and sidewalk conges-
tion where these machines are concentrated,
accessibility to the machines by minors during
school hours, and the occurrence of public distur-
bances and petty crimes in the vicinity of these
machines.

(c) It is hereby declared to be the policy of
the Board of Supervisors to regulate reasonable
and orderly public access for patrons wishing to
play video game machines, while at the same
time protecting the health, safety and welfare of
the general public, both on the premises and in
the vicinity of the premises where video games
are located. (Added by Ord. 401-81, App. 8/13/82)

SEC. 1036.31. MECHANICAL
AMUSEMENT DEVICES; LOCATION.

(a) Prohibited. It shall be unlawful for any
owner or operator of a mechanical amusement
device to cause, permit or allow same to be
located, operated or maintained to be operated,
and the Entertainment Commission may not
issue a permit for said devices, in the following
areas:

(1) Within a building which has a public
entrance which is located within 300 feet of the
nearest street entrance to or exit from any public
playground or public or private school of elemen-
tary or high school grades; said 300 feet to be
measured from said entrance or exit in the most
direct line or route which may be walked, legally
or not, on, along or across said street or streets
adjacent said public playground or public or
private school of elementary or high school grades;
provided, however, that this Section is not in-
tended to prevent the placement of mechanical
amusement devices on the premises of public or
private schools of elementary or high school
grades.

(2) Within any area of the City and County
of San Francisco zoned exclusively for residen-
tial use, as defined in Part II, Chapter II (City
Planning Code) of the Municipal Code.

(3) In any service station or automobile
repair garage in areas zoned for neighborhood-
commercial or community business use as de-
fined in Part II, Chapter II (City Planning Code)
of the Municipal Code.

Sec. 1036.31.

San Francisco - Police Code

576

(b) One Through Ten Mechanical Amuse-
ment Devices Allowed. Subject to the permit
requirements set forth above in Section 1036.3
and except where prohibited by Subsection (a),
an owner or operator of a mechanical amuse-
ment device or devices may cause, permit or
allow same to be located, operated or maintained
to be operated within any area of the City and
County of San Francisco as an Accessory Use
subject to the restrictions of this subsection:

The maximum number of mechanical amuse-
ment devices allowed in each premises shall be
determined by the number of square feet of
enclosed public retail floor space on a single floor
under a single management as follows:

Square Feet Maximum Number of MADs

0—300
301—1000
1001—1500
1501—2000
2001—2500
2501—3000
3001—3500
3501—4000
4001—4500
4501 or more

2
3
4
5
6
7
8
9
10

(c) Eleven or More Mechanical Amuse-
ment Devices Allowed. Subject to the permit
requirements set forth above in Section 1036.3,
the owner or operator of mechanical amusement
devices may operate an arcade except in those
areas prohibited in Subsection (a) and in those
areas zoned exclusively for neighborhood-com-
mercial or community business use.

(d) Exceptions. The limitations and restric-
tions set forth in Subsections (a) and (b) above,
shall not apply in the following instances:

(1) Where the application is for mechanical
amusement devices in an industrial zone or in
the area bounded on the west by Van Ness
Avenue, on the south by North Point Street and
on the east and north by San Francisco Bay, or in
such similar areas as may be designated by
resolution of the Board of Supervisors from time
to time.

(2) Where a public or private school re-
quests authorization from the Entertainment
Commission for a permit to place mechanical
amusement devices on premises under the juris-
diction of said public or private school and in-
tended for the use of students and staff of said
school.

(3) Premises upon which the California De-
partment of Alcoholic Beverage Control has au-
thorized on-sale consumption of alcoholic bever-
ages, provided that the premises or operations
may not lawfully allow minors thereon.

(4) Bowling alleys, except that there shall
be no more than two mechanical amusement
devices for each bowling lane. The mechanical
amusement devices in bowling alleys shall not be
separately accessible from the street.

(5) Billiard parlors.

(6) Tourist hotels of more than 25 guest
rooms; provided, however, that the mechanical
amusement devices be intended for use of guests
only and provided further that the mechanical
amusement devices be neither accessible to the
public except by passing the front desk nor
visible from the street.

(7) Theaters, both for performing arts and
movies; provided, however, that the mechanical
amusement devices be located in an area in
which only patrons who have paid admission are
allowed, and that all provisions in the Fire Code
respecting the placement of machines be met.

(8) Churches, schools, hospitals, convales-
cent and nursing homes and nonprofit commu-
nity centers (e.g. YMCA); provided, however,
that the use of such machines be incidental and
subordinate to the primary purpose of the insti-
tution. (Added by Ord. 401-82, App. 8/13/82;
amended by Ord. 240-93, App. 8/4/93; Ord. 164-
02, File No. 020783, App. 7/26/2002)

SEC. 1036.31-1. ARCADE LOCATION;
LIMITATION.

Notwithstanding the provisions of Section
1036.31, it shall be unlawful for any owner or
operator of an arcade to cause, permit or allow
same to be located, operated or maintained to be
operated, and the Entertainment Commission

577

Licenses for Amusements

Sec. 1036.33.

may not issue a permit for said arcade, within a
building which has a public entrance which is
located within 1500 feet of the nearest public
entrance to or exit from any arcade which has a
valid permit. Said 1500 feet shall be measured
from said entrance or exit in the most direct
route which may be walked, legally or not, on,
along or across the street, streets or public rights-
of-way adjacent to said arcade. (Added by Ord.
401-82, App. 8/13/82; amended by Ord. 164-02,
File No. 020783, App. 7/26/2002)

SEC. 1036.32. ARCADES— OPERATING
STANDARDS.

The following standards and regulations shall
apply to the operation and maintenance of ar-
cades in the City and County of San Francisco.

(a) All mechanical amusement devices within
the premises shall be visible to and supervised
by an adult attendant or attendants, age 18
years or older. Said attendant(s) shall be present
at all times when the arcade is open to the
public.

(b) The supervision of the patrons on and
about the premises shall be adequate to protect
public against conduct of patrons that is detri-
mental to the public health, safety, and general
welfare.

(c) The permit holder shall be responsible
for ensuring that persons under the age of 18
years not be allowed to operate mechanical amuse-
ment devices during the school year from the day
after Labor Day to Memorial Day, Monday through
Friday, except legal holidays, between the hours
of 7:00 a.m. and 3:00 p.m., or between the hours
of 10:00 p.m. and 7:00 a.m. on all days preceding
school days and between 11:00 p.m. and 7:00
a.m. on all other days unless accompanied by an
authorized agent of the School District, parent or
legal guardian; provided, however, that premises
which have mechanical amusement devices as
provided under Section 1036.31(d), Subpara-
graphs 3, 4, 5, 6, 7 and 8 are exempted from the
provisions of this subsection.

(d) Establishments dispensing food services
shall provide adequate waste receptacles, which
shall be conveniently located in the vicinity of

the mechanical amusement devices; arcade pre-
mises shall be adequately ventilated and illumi-
nated.

(e) The permit holder shall comply with
security lighting requirements, token-use require-
ments and such other reasonable requirements
determined by the Entertainment Commission
to be necessary to minimize danger to the com-
munity resulting from the operation of the ar-
cade. These requirements shall be set forth in
the permit or, in the event circumstances alter,
by appropriate amendment to the permit.

(f) An arcade may have no more than one
mechanical amusement device per 30 square feet
of public retail floor space.

(g) As a condition for obtaining a permit for
mechanical amusement devices, the applicant
shall be required to provide a master switch or
switches, readily accessible to the permit holder,
employees or agent of the permit holder and the
Police Department, that can immediately turn
off all mechanical amusement devices in the
arcade. The permit shall also specify that the
applicant consents to and authorizes the Police
Department to turn off all mechanical amuse-
ment devices for a period of up to six hours at
any time there is a clear and present danger to
the public safety. (Added by Ord. 401-82, App.
8/13/82; amended by Ord. 164-02, File No. 020783,
App. 7/26/2002)

SEC. 1036.33. ACCESSORY USES-
OPERATING STANDARDS.

The following standards and regulations shall
apply to the operation and maintenance of all
premises containing mechanical amusement de-
vices except those premises regulated under Sec-
tion 1036.32 of this Code:

(a) Mechanical amusement devices shall be
located in the main body of the premises, not
separated therefrom by any wall or partition.

(b) The supervision of the patrons on the
premises shall be adequate to ensure that there
be no conduct that is detrimental to the public
health, safety, and general welfare. Where there
are five or more mechanical amusement devices
within the premises, all mechanical amusement

Sec. 1036.33.

San Francisco - Police Code

578

devices within said premises shall be visible to
and supervised by an adult attendant or atten-
dants, age 18 years or older. Said attendant(s)
shall be present at all times when any mechani-
cal amusement device is being operated.

(c) The permit holder shall comply with
such reasonable requirements as determined by
the Entertainment Commission to be necessary
to minimize danger to the community resulting
from the operation of the mechanical amusement
devices. These requirements shall be set forth in
the permit or, in the event circumstances alter,
by appropriate amendment to the permit.

(d) The permit holder shall be responsible
for ensuring that mechanical amusement de-
vices be kept turned off during the school year
from the day after Labor Day to Memorial Day,
Monday through Friday, except legal holidays,
between the hours of 7:00 a.m. and 3:00 p.m.,
and between the hours of 10:00 p.m. and 7:00
a.m. on all days preceding school days and be-
tween 11:00 p.m. and 7:00 a.m. on all other days;
provided, however, that premises which have
mechanical amusement devices as provided un-
der Section 1036.31(d), subparagraphs 3, 4, 5, 6,
7 and 8 be exempted from the provisions of this
subsection.

(e) Establishments dispensing food services
shall provide adequate waste receptacles which
shall be conveniently located in the vicinity of
the mechanical amusement devices. (Added by
Ord. 401-82, App. 8/13/82; amended by Ord.
164-02, File No. 020783, App. 7/26/2002)

SEC. 1036.34. EXCEPTION TO
REQUIREMENTS.

Notwithstanding the provisions of Section
1036.31 and 1036.31-1, any person who pos-
sesses a valid permit heretofore issued by the
Chief of Police for the ownership, operation and
maintenance of mechanical amusement devices
in accordance with the provisions of Sections
1036 to 1036.29, inclusive, may operate those
mechanical amusement devices included in said
permit upon the premises for which said permit
to operate was issued until the expiration, revo-
cation or suspension of said permit without ob-

taining a new permit; provided, however, that
the permit holder comply with the requirements
of Sections 1036 to 1036.33, excluding Sections
1036.31 and 1036.31-1, from the effective date of
this Section; provided further that said permit
may not be transferred. The operating standards
set forth in Section 1036.33 of this Article shall
apply to the operation and maintenance of all
premises containing mechanical amusement de-
vices in those areas zoned exclusively for neigh-
borhood-commercial or community business use,
regardless of the number of mechanical amuse-
ment devices on the premises. (Added by Ord.
401-82, App. 8/13/82)

SEC. 1036.35. EXEMPTION.

Notwithstanding any provisions of Sections
1036 to 1036.34, inclusive, to the contrary, the
Recreation and Park Commission of the City and
County of San Francisco shall have exclusive
jurisdiction to determine whether and under
what conditions mechanical amusement devices
may be placed on property under its jurisdiction.
(Added by Ord. 401-82, App. 8/13/82)

SEC. 1037.
TABLES.

BILLIARD AND POOL

No person, firm or corporation shall engage
in business under the provisions of this Section
without first obtaining from the Entertainment
Commission a permit to maintain and charge for
the use of such billiard or pool or combination
tables; such permits shall be issued annually,
and may be revoked for cause at any time by the
Entertainment Commission, and upon the revo-
cation of such permit such license issued thereon
shall immediately terminate and expire, and the
Tax Collector shall not issue any license under
the provisions of this Section unless the appli-
cant therefor shall have first obtained a permit
from the Entertainment Commission. (Added by
Ord. 555-81, App. 11/12/81; amended by Ord.
164-02, File No. 020783, App. 7/26/2002)

SEC. 1037.1. FILING FEE APPLICATION.

Applications for billiard or pool table permits
shall be filed with the Entertainment Commis-

579

Licenses for Amusements

Sec. 1041.

sion on a form provided for said permit together
with a nonrefundable fee. (Added by Ord. 555-81,
App. 11/12/81; amended by Ord. 164-02, File No.
020783, App. 7/26/2002)

SEC. 1037.2. LICENSE FEE.

Every person, firm or corporation owning,
leasing or maintaining any billiard table, pool
table, or combination table, for the use of patrons
of any place of business, shall pay an annual
license fee to the Tax Collector, payable in ad-
vance, for the first such table and additional
license fee for each additional such table in any
such place of business. The permit shall be
nontransferable .

The annual license fee prescribed in this
Section is due and payable on a calendar year
basis starting January 1st of each year. Fees for
new permits issued after the first day of January
of a particular year shall be prorated with regard
to the calendar year on a monthly basis. (Added
by Ord. 555-81, App. 11/12/81; amended by Ord.
193-05, File No. 051027, App. 7/29/2005)

SEC. 1037.3. PERMIT AND LICENSE
NOT EXEMPT FROM ANY OTHER
PROVISION OF CODE.

The issuance of a permit or license under the
provisions of Sections 1037 to 1037.2, inclusive,
shall not exempt the permittee or licensee from
any other provisions of the of San Francisco
Municipal Code or any ordinances of the City
and County of San Francisco requiring a permit
or license or otherwise regulating the use or
maintenance of billiard or pool tables. (Added by
Ord. 555-81, App. 11/12/81)

SEC. 1039. REGULATING SHOOTING
GALLERIES— PERMIT REQUIRED.

It shall be unlawful for any person, firm,
corporation, club or association to establish, main-
tain or conduct any shooting gallery or range
without a permit from the Police Department;
provided, however, that said Police Department
shall not grant a permit for the establishment or
maintenance of any shooting gallery or range
within that portion of the City and County
bounded as follows: On the north by the south-

erly line of Broadway; on the east by a line
parallel with and 30 feet west of the westerly line
of Kearny Street; on the south by the northerly
line of California Street, and on the west by the
easterly line of Larkin Street. (Added by Ord.
1.075, App. 10/11/38)

SEC. 1039.1. FILING FEE.

Every person, firm, corporation, club or asso-
ciation desiring a permit pursuant to Section
1039 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. 1039.2. SHOOTING GALLERIES.

Every person, firm or corporation, club or
association engaged in the business of maintain-
ing or conducting a shooting gallery or range, for
profit, shall pay a license fee for each gallery so
maintained or conducted.

The license herein provided is exclusive of
any powder license which now is or hereafter
may be required by law. (Added by Ord. 555-81,
App. 11/12/81)

SEC. 1040. FIREARMS REGULATED.

It shall be unlawful for any person, firm,
corporation, club or association, maintaining or
conducting any shooting gallery or range to use
or permit to be used or discharged therein any
firearms of greater than 22 caliber, unless the
cartridges used in such firearms be loaded with
reduced charges. (Added by Ord. 1.075, App.
10/11/38)

SEC. 1041. CLOSING DURING CERTAIN
HOURS.

It shall be unlawful for any person, firm,
corporation, club or association, maintaining or
conducting any shooting gallery or range to keep
the same open, or to discharge or permit to be
discharged therein any firearms, cartridge or
other explosive between the hours of midnight
and 7:00 a.m. of the following morning. (Added
by Ord. 1.075, App. 10/11/38)

Sec. 1042.

San Francisco - Police Code

580

SEC. 1042. BETTING PROHIBITED.

It shall be unlawful for any person, firm,
corporation, club or association maintaining or
conducting any shooting gallery or range to per-
mit any betting or wagering upon the result of
any shooting contest conducted or engaged in
within such gallery or range; and it shall be
unlawful for any person to bet or wager upon the
result of any shooting contest conducted or en-
gaged in within any shooting gallery or range.
(Added by Ord. 1.075, App. 10/11/38)

SEC. 1043. BULLET-PROOFING.

Every shooting gallery or range must be
bullet-proof and entirely enclosed. (Added by
Ord. 1.075, App. 10/11/38)

SEC. 1044. INSPECTION BY POLICE.

The Chief of Police is hereby authorized and
empowered to inspect shooting galleries and
ranges, and to direct any member of the Police
Department to make such inspection. (Added by
Ord. 1.075, App. 10/11/38)

SEC. 1045. MECHANICAL
CONTRIVANCES AND OTHER
AMUSEMENTS.

It shall be unlawful for any person, firm or
corporation to maintain or conduct any of the
following amusements without first having ob-
tained a permit for said amusement from the
Entertainment Commission:

(a) Any public roller or ice skating rink;

(b) Any revolving wheel, chute, toboggan
slide, merry-go-round, swing or other mechani-
cal contrivance where a fee or sum of money is
charged to carry any person thereon;

(c) Any museum or any collection of ma-
chines operated for the entertainment or amuse-
ment of the public, where an admission fee is
charged; provided, however, that permits for
museums shall not be required under this Sec-
tion from any museum maintained or conducted
by a federal, state or local entity or any corpora-
tion or foundation which is exempt from income

taxes under Section 501(c)(3) of the Internal
Revenue Code. (Added by Ord. 555-81, App.
11/12/81; amended by Ord. 164-02, File No.
020783, App. 7/26/2002)

SEC. 1045.1. FILING FEE.

Every person desiring a permit pursuant to
Section 1045 of this Article shall file an applica-
tion with the Entertainment Commission upon a
form provided by the Entertainment Commis-
sion and shall pay a filing fee. (Added by Ord.
555-81, App. 11/12/81; amended by Ord. 164-02,
File No. 020783, App. 7/26/2002)

SEC. 1045.2. LICENSE.

Every person, firm or corporation maintain-
ing or conducting any amusement for which a
permit is required by Section 1045 of this Article
shall pay a license fee.

The Tax Collector shall not issue a license
under the provisions of this Section, unless the
applicant therefor shall have first obtained from
the Entertainment Commission a permit to con-
duct such amusement.

Such permits shall be issued annually, and
may be revoked at any time by the Entertain-
ment Commission, and upon the revocation of
such permit such license issued thereon shall
immediately terminate and expire. (Added by
Ord. 555-81, App. 11/12/81; amended by Ord.
164-02, File No. 020783, App. 7/26/2002)

SEC. 1045.3. APPLICATION AND
POSTING.

The application for mechanical contrivances
and other amusements shall be filed in sufficient
time to allow the Entertainment Commission to
notice and fix the time and place for a public
hearing on the application. Not less than 10 days
before such hearing, the Entertainment Commis-
sion shall cause a notice of such hearing to be
posted in one or more conspicuous place(s) on or
about the property where the mechanical con-
trivances and other amusements are to be oper-
ated, in a fashion designed to inform the public of
the application. Failure to apply in sufficient
time for a noticed hearing to be held may be

581

Licenses for Amusements

Sec. 1052.

cause for the Entertainment Commission to deny
issuance of a permit. (Amended by Ord. 584-81,
App. 12/10/81; Ord. 164-02, File No. 020783,
App. 7/26/2002)

SEC. 1045.4. EXCEPTIONS.

The provisions of Sections 1045 to 1045.4,
inclusive, shall not apply to any person, firm or
corporation who is required to obtain a permit
for the same amusement pursuant to Sections
1015 to 1018, inclusive, or Sections 1031 to 1034,
inclusive, of this Article. (Added by Ord. 555-81,
App. 11/12/81)

SEC. 1049. PROVIDING FOR
INSPECTION AND REGULATION OF
MECHANICAL AMUSEMENT
CONTRIVANCES USED TO CONVEY
HUMAN BEINGS.

Every person, firm or corporation operating
or maintaining any revolving wheel, chute, sce-
nic railway, swing, slide or mechanical amuse-
ment contrivance for the purpose of conveying
human beings, shall cause an inspection of the
same to be made before a license therefor is
granted. Such inspection of said machine must
be made quarterly prior to the issuance of the
quarterly license therefor and may be made
either by the Department of Public Works of the
City and County of San Francisco or by a quali-
fied safety inspector employed by an insurance
company; provided, that said safety inspector
shall have first secured from the Industrial Ac-
cident Commission of the State of California a
certificate of competency to make such inspec-
tion. A safety certificate must be furnished to the
person conducting said contrivance, and pre-
sented to the Tax Collector before a license
therefor shall be granted. (Amended by Ord. 971,
Series of 1939, App. 12/26/40)

SEC. 1050. RECREATIONAL
EQUIPMENT VENDOR DEFINED.

Unless the context specifically indicates oth-
erwise, the term "recreational equipment ven-
dor" as used in this chapter shall mean or
include all persons, firms, corporations, clubs or
associations which rent, sell, lease, loan or oth-

erwise make available recreational equipment to
the public. (Added by Ord. 307-79: App. 6/29/79)

SEC. 1051. PERMIT REQUIRED.

It shall be unlawful for any recreational
equipment vendor to rent, sell, lease, loan or
otherwise make available recreational equip-
ment to the public from a truck, cart or otherwise
movable vehicle located on a public street or
other public property without first having ob-
tained a permit from the Entertainment Com-
mission. (Added by Ord. 307-79, App. 6/29/79;
amended by Ord. 164-02, File No. 020783, App.
7/26/2002)

SEC. 1052. APPLICATION FOR PERMIT.

Applications for said permit shall be made in
writing to the Entertainment Commission and
shall be made in such form and shall contain
such information as the Entertainment Commis-
sion shall require, including proof of liability
insurance in an amount of $1 million, naming
the City and County of San Francisco and its
officers and employees as an additional insured,
and an agreement to hold the City and County of
San Francisco harmless from any liability aris-
ing out of the vending and use of recreational
equipment. In granting or denying a permit, the
Entertainment Commission shall give particular
consideration to the peace, order, health, safety
and welfare of the public and on the business
reputation of the vendor; provided, that each
application be made for a single city street and
block and that at no time will a permit be issued
to more than one recreational equipment vendor
for the same street and block. No more than one
permit shall be issued to any person, firm, cor-
poration, partnership, club, association, or group
of any kind.

Upon application for a recreational equip-
ment vendor permit, the Entertainment Commis-
sion shall set a time, date and place for a public
hearing thereon and shall cause a notice thereof
to be conspicuously posted on all available utility
and light poles on the street and block for which
the permit is requested not less than 20 days
before the date set for public hearing. The notice
shall set forth the name of the applicant, the

Sec. 1052.

San Francisco - Police Code

582

purpose for which the application is made, and
the time, date, and place of public hearing on the
application.

Each applicant for a permit shall pay to the
Entertainment Commission a nonrefundable ap-
plication fee payable in advance. (Amended by
Ord. 555-81, App. 11/12/81; Ord. 164-02, File No.
020783, App. 7/26/2002)

SEC. 1053. LICENSE FEES.

Every person granted a recreational equip-
ment vendor permit by the Entertainment Com-
mission shall pay to the Tax Collector an annual
license fee, payable in advance. The permit shall
be nontransferable.

SEC. 1054. REGULATIONS.

(a) Hours. Recreational equipment can only
be rented, sold, leased, loaned or otherwise made
available to the public between sunrise and
sunset of any given day. The trucks, carts or
otherwise movable vehicles used by recreational
equipment vendors may be parked or positioned
for one-half hour before sunrise until one-half
hour after sunset.

(b) Location. Once a recreational equip-
ment vendor has positioned his vehicle and has
transacted his first business of the day, he can-
not reposition his vehicle except in the case of an
emergency or when ordered to do so by an
on-duty police officer or fireman. However, if he
is parked in a restricted parking area, he must
obey the time limits or other restrictions pro-
vided by the San Francisco Traffic Code or by the
California Vehicle Code, except that he is exempt
from the provisions of Traffic Code Section 63 as
provided therein.

(c) Equipment. No recreational equipment
vendor shall have available for vending more
than 400 items of recreational equipment or if
the item is commonly rented in pairs (such as
roller skates) 400 pairs of such them; provided,
however, that safety equipment related to the
use of said item is not included in this limit.
Every recreational equipment vendor shall cer-
tify that the equipment with which he deals is in
good condition and is safe for the use for which it
was intended.

(d) Attended Vehicles. At no time be-
tween sunset of one day and sunrise of the next
day shall the vehicle used by any recreational
equipment vendor in the conduct of his business
be left unattended on the public streets of San
Francisco.

(e) Limitation on Location. Recreational
equipment cannot be rented, sold, leased, loaned
or otherwise made available to the public on a
public street or sidewalk in an RH-1 (D), RH-1,
RH-1 (S), RH-2, RH-3, RM-1, RM-2, RM-3, RM-4,
RC-1, RC-2, RC-3 or RC-4 Use District or adja-
cent to a park within the City and County of San
Francisco.

(f) Further Regulations and Rules. The

Entertainment Commission shall have the au-
thority to adopt further rules and regulations as
required. (Amended by Ord. 352-80, App. 7/3/80;
Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1055. PENALTY.

Any person who shall violate any of the
provisions of Sections 1050 to and including 1054
of this Chapter shall be guilty of a misdemeanor,
and, upon conviction thereof, shall be subject to a
fine of not less than $100 and not more than
$500, or by imprisonment in the jail of the City
and County for a term of not more than six
months or by both such fine and imprisonment.

In the alternative any violations of Sections
1050 to and including 1054 of this Chapter by a
permittee hereunder shall be deemed to be dis-
orderly and improper conduct as that term is
used in Section 3.537 of the Charter of the City
and County of San Francisco, and the Entertain-
ment Commission may, after hearing, revoke

583 Licenses for Amusements Sec. 1055.

said permittee's permit pursuant to Section 3.537
of said Charter; or, in lieu thereof, may, after
hearing, suspend said permit for such length of
time as he deems proper. (Added by Ord. 307-79,
App. 6/29/79; amended by Ord. 164-02, File No.
020783, App. 7/26/2002)

Sec. 1055. San Francisco - Police Code 584

[The next page is 605]

ARTICLE 15.1: ENTERTAINMENT REGULATIONS PERMIT AND LICENSE PROVISIONS

Sec.

1060.

Definitions.

Sec.

1060.1.

Permit Required.

Sec.

1060.1-1

. License Fees.

Sec.

1060.2.

Filing.

Sec.

1060.3.

Application Form.

Sec.

1060.4.

Verification of Application.

Sec.

1060.5.

Determination of Application.

Sec.

1060.6.

Private Club.

Sec.

1060.7.1.

Solicitation of Drinks or
Merchandise.

Sec.

1060.8.

Lighting.

Sec.

1060.9.

Miscellaneous Rules.

Sec.

1060.9.1.

Requirement For Stage.

Sec.

1060.10.

Booths.

Sec.

1060.11.

Police — Inspection.

Sec.

1060.12.

Noise Abatement.

Sec.

1060.13.

Minors.

Sec.

1060.14.

Regulation of Signs.

Sec.

1060.15.

Signs, Continued.

Sec.

1060.17.

Removal of Signs and Pictorial
Representation.

Sec.

1060.18.

Visibility From the Street.

Sec.

1060.19.

Permit Fee; Exemptions.

Sec.

1060.20.

Suspension and Revocation.

Sec.

1060.21.

Forfeiture of Fee.

Sec.

1060.22.

License Fees.

Sec.

1060.23.

Limited Suspension.

Sec.

1060.24.

Transfer of Permit.

Sec.

1060.25.

Penalty.

Sec.

1060.26.

Severability.

Sec.

1060.27.

Time Limit For Obtaining
Permit.

Sec.

1060.28.

Earplugs and Free Drinking
Water.

Sec.

1060.29.

One Night Event Permit.

SEC. 1060. DEFINITIONS.

For the purpose of this Article, the following
words and phrases shall mean and include:

(a) "Place of Entertainment." Every pre-
mises to which patrons or members are admitted
which serves food, beverages, or food and bever-
ages, including but not limited to alcoholic bev-
erages, for consumption on the premises and
wherein entertainment as defined in Subsec-
tions (b), (c), or (e) is furnished or occurs upon the
premises.

(b) "Entertainment." Any act, play, review,
pantomime, scene, song, dance act, song and
dance act, or poetry recitation, conducted or
participated in by any professional entertainer
in or upon any premises to which patrons or
members are admitted.

"Entertainment," in addition, is defined to
mean and include the playing upon or use by any
professional entertainer of any instrument that
is capable of or can be used to produce musical
sounds or percussion sounds, including but not
limited to, reed, brass, percussion or string-like
instruments, or recorded music presented by a
live disc jockey on the premises.

(c) "Entertainment," Continued. "Entertain-
ment" also includes a fashion or style show in
which the models are professional entertainers,
except when conducted by a bona fide nonprofit
club or organization as a part of the social
activities of such club or organization, and when
conducted solely as a fundraising activity for
charitable purposes.

(d) "Professional Entertainer. " A person who
is compensated for his or her performance.

(e) "Entertainment," Continued; Exhibition
of Human Body. "Entertainment" also includes
the act of any female professional entertainer,
while visible to any customer, who exposes the
breast or employs any device or covering which is

605

Sec. 1060.

San Francisco - Police Code

606

intended to simulate the breast, or wears any
type of clothing so that the breast may be ob-
served.

(f) "Person." Any person, individual, firm,
partnership, joint venture, association, social
club, fraternal organization, joint stock company,
corporation, estate, trust, business trust, re-
ceiver, 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.

(g) "Operator." Any person operating a place
of entertainment in the City and County of San
Francisco, including, but not limited to, the owner
or proprietor of such premises, lessee, sublessee,
mortgagee in possession, permittee or any other
person operating such place of entertainment or
amusement.

(h) "Bona Fide Nonprofit Club or Organiza-
tion." Any fraternal, charitable, religious or be-
nevolent, or any other nonprofit organization
having a regular membership association prima-
rily for mutual social, mental, political and civic
welfare, to which admission is limited to mem-
bers and guests and revenue accruing therefrom
shall be used exclusively for the benevolent pur-
poses of said organization and which organiza-
tion or agency is exempt from taxation under the
Internal Revenue laws of the United States as a
bona fide fraternal, charitable, religious, benevo-
lent or nonprofit organization.

(i) "Admission Charge." Any charge for the
right or privilege to enter any place of entertain-
ment including a minimum service charge, a
cover charge or a charge made for the use of
seats and tables, reserved or otherwise.

(j) "Tax Collector." Tax Collector of the City
and County of San Francisco.

(k) "Security Plan." A plan that (i) provides
at least 1 security guard for every 100 persons
authorized by the Occupancy Permit, (ii) secures
a 50 foot perimeter in all directions around the
location of the Place of Entertainment to prevent
injury to persons and/or damage to property, and
(iii) provides for the orderly disbursement of
persons and traffic from the Place of Entertain-
ment. The Entertainment Commission, in con-

sultation with the San Francisco Police Depart-
ment, shall develop rules and regulations
implementing this section. (Amended by Ord.
42-83, App. 2/4/83; Ord. 325-91, App. 9/4/91; Ord.
165-93, App. 5/28/93; Ord. 262-04, File No. 041148,
App. 11/4/2004)

SEC. 1060.1. PERMIT REQUIRED.

It shall be unlawful for any person to own,
conduct, operate, maintain or to participate
therein, or to cause or permit to be conducted,
operated or maintained, any place of entertain-
ment in the City and County of San Francisco
without first having obtained a permit from the
Entertainment Commission.

Any place or premises where a permit to
operate is sought must conform to all existing
health, safety, zoning and fire ordinances of the
City and County of San Francisco, and must
have a valid public eating place permit from the
Department of Public Health. The Entertain-
ment Commission may issue a permit under this
Section conditional upon the applicant receiving
the other required permits.

Any permit granted by the Entertainment
Commission conditional upon the applicant re-
ceiving other required permits may be appealed
to the Board of Permit Appeals. Such appeal
must be filed within ten (10) days of the final
decision of the Entertainment Commission issu-
ing the conditional permit.

Any conditional permit granted by the Enter-
tainment Commission will expire nine (9) months
from the date of the final decision of the Enter-
tainment Commission, if all the other required
permits have not been received. (Amended by
Ord. 284-80, App. 6/17/80; Ord. 164-02, File No.
020783, App. 7/26/2002)

SEC. 1060.1-1. LICENSE FEES.

Every person granted a place of entertain-
ment permit by the Entertainment Commission
under this Article shall pay to the Tax Collector
an annual license fee, payable in advance.

The license fee prescribed in this Section is
due and payable on a calendar year basis, start-
ing January 1st of each year. Fees for new

607

Entertainment Regulations Permit and License Provisions

Sec. 1060.3.

permits issued after the first day of January of a
particular year shall be prorated with regard to
the calendar year on a monthly basis. The amount
of the license fee for the 2005-2006 fiscal year
shall be as set forth in Section 2.27 of this Code,
and such amount shall be adjusted for inflation
commencing with the 2006-2007 fiscal year, and
annually thereafter, in accordance with Section
2.31 of this Code. (Added by Ord. 193-05, Fife No.
051027, App. 7/29/2005)

SEC. 1060.2. FILING.

Every person desiring a permit pursuant to
this Article shall file an application with the
Entertainment Commission upon a form pro-
vided by the Entertainment Commission and
shall pay a filing fee. (Amended by Ord. 555-81,
App. 11/12/81; Ord. 164-02, File No. 020783, App.
7/26/2002)

SEC. 1060.3. APPLICATION FORM.

Operators under any permit issued pursuant
to this Article shall be limited to the terms of the
application. 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 ad-
dress 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 percent of the stock of the corpo-
ration. If the applicant is a partnership, the
application shall set forth the name and resi-
dence address of each of the partners, including
limited partners. If one or more of the partners is
a corporation, the provisions of this Section per-
taining to a corporate applicant apply.

(c) Whether or not the applicant or any
officer or director or member of applicant, as the
case may be, has ever been convicted of any

crime except misdemeanor traffic violations. In
addition to the foregoing, any corporate appli-
cant shall state whether or not any stockholder
owning more than 10 percent of the stock of such
corporation has ever been convicted of any crime
except misdemeanor traffic violations. If any
person mentioned in this subsection has been so
convicted, a statement must be made giving the
name of the person so convicted, the place and
court in which the conviction was had, the spe-
cific 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 state-
ment of the nature and extent of such authority
and control.

(e) Such information pertinent to the opera-
tion of the proposed activity, including informa-
tion as to management, authority control, finan-
cial agreements, and lease arrangements, that is
reasonably related to the factual determinations
this ordinance empowers the Entertainment Com-
mission to make in reviewing and acting upon
permit applications as the Entertainment Com-
mission may require of an applicant in addition
to the other requirements of this Section. The
foregoing examples are in explanation of and not
in limitation of the information which the Enter-
tainment Commission may require.

(f) A business plan for the proposed place of
entertainment, specifying the days and hours of
operation, the number of patrons, the numbers
of employees and their duties, the identity of the
manager or managers who shall be on premises
during all hours of operation, the types or classes
of entertainment (in terms of the types of instru-
ments, numbers of performers and sound levels)
to be provided, and the amount of parking, both
on-site and off-site, to be provided. If sound
amplification is to be used, the plan shall also
include a specific description of the amplification
system.

(g) The address to which notice, when re-
quired, 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.

Sec. 1060.3.

San Francisco - Police Code

608

(h) Whether the application is for a new
permit or for the renewal of an existing permit.

(i) The Entertainment Commission may re-
quire further information as it deems necessary.
(Added by Ord. 140-70, App. 4/28/70; amended
Ord. 325-91, App. 9/4/91; Ord. 164-02, File No.
020783, App. 7/26/2002)

SEC. 1060.4. VERIFICATION OF
APPLICATION.

Every application for a permit under this
Article shall be verified as provided in the Cali-
fornia Code of Civil Procedure for the verification
of pleadings. (Added by Ord. 140-70, App. 4/28/
70)

SEC. 1060.5. DETERMINATION OF
APPLICATION.

(a) When an application is filed for a new
permit under this Article, the Entertainment
Commission shall fix a time and place for a
public hearing thereon to determine whether
issuance of the permit would result in any of the
conditions set forth in Subsection (e). The hear-
ing must be held within 45 working days of the
date the completed application is received.

(b) At the time of filing of an application,
the applicant shall notify the Entertainment
Commission of any outstanding requests for per-
mits or approvals from other City departments
relating to the premises of the proposed place of
entertainment. The Entertainment Commission
shall notify those departments of the filing of the
application. Those departments shall complete
all necessary inspections and report their deter-
minations to the Entertainment Commission
within 20 working days of the filing of the
application.

mission, and the applicant shall maintain said
notice as posted the required number of days.
Notice of such hearing shall be mailed by the
Entertainment Commission at least 30 days prior
to the date of such hearing to any person who has
filed a written request for such notice.

(d) At the hearing, the applicant and any
other interested party, including the Police De-
partment or any other public agency, shall be
allowed to introduce evidence and present argu-
ment. The Entertainment Commission shall make
a final decision upon the application at a public
hearing, and shall notify the applicant, and any
other interested party who has made a written
request, of the final decision by first class mail.

(e) No time limit shall commence running
until the submission of a completed application.
Upon the applicant's request, the Entertainment
Commission shall continue the hearing to allow
the applicant opportunity to comply with the
requirements of this Article or any other state or
local law. Notice of the date of any continuance of
the hearing shall be posted in the same place and
manner as the original notice for not less than
seven (7) days. Upon the applicant's request, the
Entertainment Commission shall also issue a
conditional approval of the permit application,
pending approval of the permit by other City
agencies, if sufficient information has been pro-
vided to allow for adequate evaluation of the
proposal and if grounds for denial, as set forth in
Subsection (f), are not present.

(f) The Entertainment Commission shall
grant a permit pursuant to this Article unless it
finds that:

(i) The building, structure, equipment or
location of the proposed place of entertainment
does not comply with or fails to meet all of the
health, zoning, fire and safety requirements or
standards of all the laws of the State of Califor-
nia or ordinances of the City and County of San
Francisco applicable to such business operation;
or

(ii) The building, structure, equipment or
location of the proposed place of entertainment
cannot adequately accommodate the type and
volume of vehicle and pedestrian traffic antici-
pated; or

609

Entertainment Regulations Permit and License Provisions

Sec. 1060.12.

(iii) The building, structure, equipment or
location of the proposed place of entertainment
lack adequate safeguards to prevent emissions of
noise, glare, dust and odor that substantially
interfere with the public health, safety and wel-
fare or the peaceful enjoyment of neighboring
property; or

(iv) The building, structure, or location of
the proposed one night event does not have an
adequate security plan as required by this Sec-
tion.

(g) An applicant whose application for a
permit has been denied pursuant to this Section
may seek immediate judicial review pursuant to
Code of Civil Procedure Section 1085 or Section
1094.5. The applicant is not required to exhaust
his or her administrative remedies before the
Board of Appeals. (Added by Ord. 140-70, App.
4/28/70; amended by Ord. 325-91, App. 9/4/91
Ord. 164-02, File No. 020783, App. 7/26/2002
Ord. 216-02, File No. 021460, App. 11/1/2002
Ord. 262-04, File No. 041148, App. 11/4/2004)

SEC. 1060.6. PRIVATE CLUB.

No establishment issued a permit pursuant
to this Article may allow the premises to be used
solely for the purpose of conducting a private
club between the hours of 2:00 a.m. and 6:00 a.m.
(Added by Ord. 140-70, App. 4/28/70)

SEC. 1060.7.1. SOLICITATION OF
DRINKS OR MERCHANDISE.

No operator of a place of entertainment shall
employ or permit any hostess, entertainer or
person to solicit any patron or customer of or
visitor in said place of entertainment to purchase
any beverage or merchandise for the one solicit-
ing or for any other person. (Added by Ord.
306-73, App. 8/6/73)

SEC. 1060.8. LIGHTING.

Every establishment which has received a
permit pursuant to this Article shall be lighted
throughout to an intensity of not less than 12
foot candles during all hours of operation except
while the floor show is in progress. (Added by
Ord. 140-70, App. 4/28/70)

SEC. 1060.9. MISCELLANEOUS RULES.

No professional entertainer or employee may
dance with any customer on the premises in any
place of entertainment. (Added by Ord. 140-70,
App. 4/28/70)

SEC. 1060.9.1. REQUIREMENT FOR
STAGE.

Entertainers whose breasts are exposed to
view shall perform only upon a stage at least 18
inches above the immediate floor level and re-
moved at least 6 feet from the nearest patron.
(Added by Ord. 273-73, App. 7/6/73)

SEC. 1060.10. BOOTHS.

It shall be unlawful for any person operating
a place of entertainment under the provisions of
this Article in the City and County of San Fran-
cisco, or any agent, employee or representative
thereof, to erect, construct, maintain, or cause or
permit to be erected, constructed or maintained,
within such place of entertainment any private
rooms, booths, enclosures or compartments, or
any closed stalls, or any alcoves of any nature, so
arranged that the inner portion of the same shall
not at all times be visible from any point in the
place of entertainment where such rooms, booths,
enclosures, compartments, stalls or alcoves should
be reasonably within view. (Added by Ord. 140-
70, App. 4/28/70)

SEC. 1060.11. POLICE— INSPECTION.

The Police Department, in addition to their
several other duties, shall inspect any and all
establishments which have been issued a permit
pursuant to this Article. (Added by Ord. 140-70,
App. 4/28/70)

SEC. 1060.12. NOISE ABATEMENT.

Whenever, upon due notice and hearing, it
shall be determined that noise from any estab-
lishment which has been issued a permit pursu-
ant to this Article interfered with the right of
persons dwelling in the vicinity of such establish-
ment to the peaceful and quiet use and enjoy-
ment of their property, the Entertainment Com-
mission may require that the premises be
soundproofed in a manner that in the judgment

Sec. 1060.12.

San Francisco - Police Code

610

of the Entertainment Commission will be effec-
tive to eliminate the noise or reduce it to a
reasonable level. In taking any action under this
Section, the Entertainment Commission must
balance all of the interests of the respective
parties, as well as the hardship which will result
from any order. If the Entertainment Commis-
sion finds that the noise complained of is of a
minimum or inconsequential degree, no action
shall be taken under this Article. If a permittee
fails, within a reasonable time and in no event
more than 60 days after having been ordered to
do so pursuant to this Article, to abate any noise,
his permit shall be suspended after a second
hearing, due notice of which is given, until such
time as he complies with the order. (Added by
Ord. 140-70, App. 4/28/70; amended by Ord.
164-02, File No. 020783, App. 7/26/2002)

SEC. 1060.13. MINORS.

No person under 21 years of age shall enter,
be, or remain in or on any premises on or in
which any exhibition of the human body, as
defined in Section 1060(f), is presented and per-
mittee shall not permit such a person to enter,
be, or remain in or on any such premises. (Added
by Ord. 140-70, App. 4/28/70)

SEC. 1060.14. REGULATION OF SIGNS.

No sign or signs, paintings, photographs,
pictorial representations, or any other visual
means shall be maintained, erected, used or
placed upon or adjacent to the outside of any
building, or in connection with any premises
therein, which has received a permit pursuant to
this Article, if it shows, reveals or depicts, in
whole or in part, the following:

(1) The performance of acts, or simulated
acts, of sexual intercourse, masturbation, sod-
omy, bestiality, copulation (oral, anal or vaginal),
flagellation or any sexual acts which are prohib-
ited by law;

(2) The actual or simulated caressing or
fondling by one adult human being of the breast,
buttocks, anus or genitals of another adult hu-
man being;

(3) The actual or simulated displaying of
the pubic hair, anus, vagina, penis, vulva, but-
tocks, or any other external genitalia of the
human body;

(4) Any portion of the nude female breast
below the top of the areola. (Amended by Ord.
71-73, App. 2/23/73)

SEC. 1060.15. SIGNS, CONTINUED.

No sign or signs which, in whole or in part,
advertise any entertainment and which sign or
signs use the word "nude," "bottomless," "naked"
or words of like import, except that the words
"adult entertainment" or "adult show" or "topless
entertainment" will be permissible, shall be main-
tained, erected, used, or placed upon or adjacent
to the outside of any building where it is visible
from public streets or from adjacent buildings, or
premises, the purpose of which sign is intended
to attract, lure or entice customers. (Amended by
Ord. 71-73, App. 2/23/73)

SEC. 1060.17. REMOVAL OF SIGNS AND
PICTORIAL REPRESENTATION.

Any sign, or signs, or portions thereof, in
violation of Sections 1060.14 and 1060.15 shall
be removed within 60 days after the effective
date of this Article. (Amended by Ord. 71-73,
App. 2/23/73)

SEC. 1060.18. VISIBILITY FROM THE
STREET.

No operator of a place of entertainment shall
permit, or cause to be permitted, any entertain-
ment as defined in Section 1060(e) so that said
entertainment would be visible at any time from
the street, sidewalk or highway. (Added by Ord.
140-70, App. 5/28/70)

SEC. 1060.19. PERMIT FEE;
EXEMPTIONS.

The provisions of Section 1060.2 relating to a
permit fee shall not apply to any place of enter-
tainment used exclusively for any of the follow-
ing purposes:

(a) Places of entertainment that are oper-
ated by any public agency or by any educational,
recreational or social agency, or by any bona fide

611

Entertainment Regulations Permit and License Provisions

Sec. 1060.20.

fraternal, charitable, or religious or benevolent
or any other nonprofit organization having a
regular membership association primarily for
mutual social, mental, political and civic welfare,
to which admission is limited to members and
guests and revenue accruing therefrom to be
used exclusively for the benevolent purposes of
said organization and which organization or
agency is exempt from taxation under the Inter-
nal Revenue laws of the United States as a bona
fide fraternal, charitable, religious, benevolent
or nonprofit organization. (Added by Ord. 140-
70, App. 4/28/70)

SEC. 1060.20. SUSPENSION AND
REVOCATION.

(a) Any permit issued under the terms of
this Article may be suspended at any time by the
Entertainment Commission if the Entertain-
ment Commission determines after a noticed
public hearing that any of the following condi-
tions exist:

(1) The building, structure, equipment or
location of the proposed place of entertainment
does not comply with or fails to meet all of the
health, zoning, fire and safety requirements or
standards of all the laws of the State of Califor-
nia or ordinances of the City and County of San
Francisco applicable to such business operation;
or

(2) The establishment has been operated in
a manner that has harmed the public health,
safety or welfare by significantly increasing pe-
destrian traffic, the incidence of disorderly con-
duct, or the level of noise in the area in which the
premises are located, and the permittee has
failed, after being requested by the Police De-
partment or Entertainment Commission to do
so, to take reasonable steps to alleviate these
conditions, such as providing additional off-
street parking, security, soundproofing, restroom
facilities, or refuse containers; or

(3) The proprietor or person or persons in
charge thereof have violated, permitted the vio-
lation, or failed to take reasonable steps, after
being requested by the Police Department or
Entertainment Commission to do so, to halt

violations on the premises or in connection with
the operation of the establishment of any follow-
ing laws of the State of California: Penal code
Sections 266h, 266i, 315, 316, 330, 337a, 647(b);
Business and Professions Code Sections 23300,
25602, 25631, 25657, 25658; Health and Safety
Code Sections 11351, 11352, 11359, 11360, 11378,
11379, 11378.5, 11379.5; or, the proprietor or
persons in charge thereof have implemented,
maintained or permitted any admission or re-
lated policy or practice which violates Section
3305 of the San Francisco Police Code.

(4) The proprietor or persons in charge
thereof have violated or permitted the violation
of any other provision of this Article or of the
permit, on the premises or in connection with the
operation of the establishment.

(b) The penalty for the first violation under
Subsection (a) within a period of six months shall
be suspension of said permit for a period of 30
days. The penalty for the second violation within
a period of six months shall be suspension of said
permit for a period of 60 days. The penalty for
the third and subsequent violations within a
period of six months shall be suspension of said
permit for a period of 90 days. For the purposes
of this Subsection, calculation of the six months
shall not include any period of time during which
the permit was suspended.

(c) Any permit issued under the terms of
this Article may be revoked at any time by the
Entertainment Commission if the Entertain-
ment Commission determines after a noticed
public hearing that any of the following condi-
tions exist:

(1) The permittee has knowingly made any
false, misleading or fraudulent statement of ma-
terial fact in the application for a permit;

(2) The permittee has failed to pay any fee
or charge required under this Article; or

(3) The permittee has permanently ceased
operation of the business.

(d) A revocation pursuant to Subsection (c)
shall not prejudice the right of an applicant to
apply for a new permit.

Sec. 1060.20.

San Francisco - Police Code

612

(e) The Entertainment Commission may not
consider any request for emergency medical or
ambulance services to treat a permittee's pa-
trons as a basis for suspending a permit pursu-
ant to subdivision (a). (Added by Ord. 140-70,
App. 4/28/70; amended by Ord. 325-91, App.
9/4/91; Ord. 81-00, File No. 000390, App. 5/5/
2000; Ord. 164-02, File No. 020783, App. 7/26/
2002)

SEC. 1060.21. FORFEITURE OF FEE.

On revocation of the permit, no part of the
permit fee shall be returned, but the said permit
fee shall be forfeited to the City and County of
San Francisco. (Added by Ord. 140-70, App.
4/28/70)

SEC. 1060.22. LICENSE FEES.

Every permittee who conducts, permits or
assists in conducting or permitting any enter-
tainment as defined in Sections 1060 (b) and (c)
to be shown, staged, exhibited, or produced in or
upon any permitted premise shall pay to the Tax
Collector an annual license fee, payable in ad-
vance.

The license fee prescribed in this Section is
due and payable on a calendar year basis start-
ing 120 days after the effective date of this
Article, prorated with regard to the calendar
year on a monthly basis. Fees for new licenses
issued after the first day of January, 1971, or in
any subsequent calendar year shall be prorated
with regard to the calendar year on a monthly
basis. (Amended by Ord. 555-81, App. 11/12/81;
Ord. 165-93, App. 5/28/93)

SEC. 1060.23. LIMITED SUSPENSION.

Any permit issued under the terms of this
Article may be suspended for a period of 30 days
by the Entertainment Commission if the Enter-
tainment Commission determines after a noticed
hearing that violation of the regulations or any
provision of the Municipal Code has occurred.
(Added by Ord. 140-70, App. 4/28/70; amended
by Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1060.24. TRANSFER OF PERMIT.

No permit shall be transferable except with
the written consent of the Entertainment Com-
mission. An application for such a transfer shall
be in writing and shall be accompanied by the
same filing fee as for an initial application. The
written application for such transfer shall con-
tain the same information as requested herein
for an initial application for such a permit.
(Amended by Ord. 555-81, App. 11/12/81; Ord.
164-02, File No. 020783, App. 7/26/2002)

SEC. 1060.25. PENALTY.

Any person who violates any provisions of
this Article shall be deemed guilty of an infrac-
tion. Any person who violates this Article more
than once in a 12 month period shall be guilty of
an infraction or a misdemeanor, at the discretion
of the prosecutor. A violation which is an infrac-
tion is punishable by a fine of not more than
$100. A violation which is a misdemeanor is
punishable by a fine not to exceed $1000 or by
imprisonment in the County Jail for a period not
to exceed six months, or by both such fine and
imprisonment.

Additionally, any violation of the provisions
of this Article Section 3305 of Article 33 by a
permittee hereunder shall be deemed cause to or
to revoke or suspend a permit pursuant to Sees.
1060.20 and/or 1060.23 of this Article. (Amended
by Ord. 273-73, App. 7/6/73; Ord. 262-04, File No.
041148, App. 11/4/2004)

SEC. 1060.26. SEVERABILITY.

613

Entertainment Regulations Permit and License Provisions

Sec. 1060.29.

be declared unconstitutional or invalid or inef-
fective. (Added by Ord. 140-70, App. 4/28/70)

SEC. 1060.27. TIME LIMIT FOR
OBTAINING PERMIT.

All premises required to obtain a permit and
license pursuant to this Article because of the
inclusion of recorded music presented by a live
disc jockey on the premises within the definition
of entertainment must obtain a permit within 90
days of the effective date of the amendments to
this Article; failure so to do shall make continued
operation of said place of entertainment a viola-
tion of Section 1060.25 hereof.

Permits must be obtained from the Entertain-
ment Commission as Sections 1060.1, 1060.2,
1060.3 and 1060.4 hereof provided. (Added by
Ord. 140-70, App. 4/28/70; amended by Ord.
325-91, App. 9/4/91; Ord. 164-02, File No. 020783,
App. 7/26/2002)

SEC. 1060.28. EARPLUGS AND FREE
DRINKING WATER.

If the location for which the place of enter-
tainment permit is issued holds over 500 persons
and contains a dance floor or other place prima-
rily designated for dancing, the permit holder
shall provide:

(a) Free cool drinking water to patrons by
means of an automatic drinking fountain or by
providing cups of water at all beverage service
locations, or both; and

(b) Earplugs for free, or for sale on the
premises at a reasonable price. (Added by Ord.
176-00, File No. 000477, App. 7/28/2000; amended
by Ord. 215-02, File No. 021459, App. 11/1/2002)

SEC. 1060.29.
PERMIT.

ONE NIGHT EVENT

(a) It shall be unlawful for any person with-
out a valid Place of Entertainment permit to
conduct, promote, or sponsor or to cause or to
permit to be conducted, promoted, or sponsored
any one night occurrence of "entertainment" as
defined by this Article without first obtaining a
One Night Event permit from the Entertainment
Commission.

(b) Any place or premises for which a per-
mit to operate a one night event is sought must
conform to all existing health, safety, zoning and
fire ordinances of the City and County of San
Francisco; must have a valid public eating place
permit from the Department of Public Health,
and is subject to all other requirements of this
Article. The Entertainment Commission may
issue a permit under this Section conditional
upon the applicant receiving the other required
permits.

(c) Every person desiring a permit pursuant
to this Article shall file an application with the
Entertainment Commission upon a form pro-
vided by the Entertainment Commission and
shall pay a filing fee. Every application for a
permit under this Article shall be verified as
provided in the California Code of Civil Proce-
dure for the verification of pleadings.

(d) Any place or premises where a one night
event is to be held must have a Security Plan.
Proof of such shall be provided by permit appli-
cant at the time of application for a one night
event permit.

(e) The Entertainment Commission shall
grant a permit pursuant to this Article unless it
finds that:

(i) The building, structure, equipment or
location of the proposed one night event does not
comply with or fails to meet all of the health,
zoning, fire and safety requirements or stan-
dards of all the laws of the State of California or
ordinances of the City and County of San Fran-
cisco applicable to such business operation; or

(ii) The building, structure, equipment or
location of the proposed one night event cannot
adequately accommodate the type and volume of
vehicle and pedestrian traffic anticipated; or

(hi) The building, structure, equipment or
location of the proposed one night event lack
adequate safeguards to prevent emissions of
noise, glare, dust and odor that substantially
interfere with the public health, safety and wel-
fare or the peaceful enjoyment of neighboring
property.

Sec. 1060.29. San Francisco - Police Code 614

(iv) The building, structure, or location of
the proposed one night event does not have an
adequate security plan as required by this Sec-
tion.

(f) An applicant whose application for a
permit has been denied pursuant to this Section
may appeal to the Board of Permit Appeals. The
applicant is required to exhaust his or her ad-
ministrative remedies before the Board of Ap-
peals. (Added by Ord. 262-04, File No. 041148,
App. 11/4/2004)

[The next page is 621]

ARTICLE 15.2: ENTERTAINMENT REGULATIONS FOR EXTENDED-HOURS PREMISES

Sec. 1070. Definitions.

Sec. 1070.1. Permit Required.

Sec. 1070.1-1. License Fees.

Sec. 1070.2. Filing.

Sec. 1070.3. Application Form.

Sec. 1070.4. Verification of Application.

Sec. 1070.5. Determination of Application.

Sec. 1070.6. Private Club.

Sec. 1070.7.1. Solicitation of Drinks or

Merchandise.
Sec. 1070.8. Solicitation of Trade.
Sec. 1070.9. Procurement.
Sec. 1070.10. Attire.
Sec. 1070.11. Lighting.
Sec. 1070.12. Miscellaneous Rules.
Sec. 1070.13. Booths.
Sec. 1070.14. Police; Inspection.
Sec. 1070.15. Noise Abatement.
Sec. 1070.16. Minors.
Sec. 1070.17. Suspension and Revocation.
Sec. 1070.18. Forfeiture of Fee.
Sec. 1070.19. Exceptions.
Sec. 1070.20. Limited Suspension.
Sec. 1070.20-1. License Fees.
Sec. 1070.21. Stay Orders.
Sec. 1070.22. Transfer of Permit.
Sec. 1070.23. Permit Required.
Sec. 1070.24. Penalty.
Sec. 1070.25. Severability.
Sec. 1070.26. Moratorium on the Granting of

Permits.
Sec. 1070.27. Earplugs and Free Drinking

Water.

SEC. 1070. DEFINITIONS.

For the purpose of this Article, the following
words and phrases shall mean and include:

(a) Extended-Hours Premises. Every pre-
mises to which patrons or members are admitted
or which allows patrons or members to remain

on the premises between the hours of 2:00 a.m.
and 6:00 a.m. which serves food, beverages, or
food and beverages, including but not limited to,
alcoholic beverages, for consumption on the pre-
mises or wherein entertainment as defined in
Subsections (b) and (c) is furnished or occurs
upon the premises.

(1) Dance Academies. An extended-hours
premises shall also include a dance academy
wherein students are admitted between the hours
of 2:00 a.m. and 6:00 a.m., and instruction is
given in ballroom or other types of dancing,
whether given to the students in groups or
individually.

(b) Entertainment. Any act, play, review,
pantomime, scene, song, dance act, song and
dance act, or poetry recitation, conducted or
participated in by any professional entertainer
in or upon any premises to which patrons or
members are admitted. "Entertainment" also
includes a fashion or style show, except when
conducted by a bona fide nonprofit club or orga-
nization as part of the social activities of such
club or organization, and when conducted solely
as a fund-raising activity for charitable pur-
poses. (The term "professional entertainer" as
used herein means a person or persons who
engage in the presentation of entertainment for
livelihood or gain.)

"Entertainment," in addition, is defined to
mean and include the playing upon or use of any
instrument that is capable of or can be used to
produce musical sounds or percussion sounds,
including but not limited to, reed, brass, percus-
sion or string-like instruments; provided, fur-
ther, that "entertainment" is defined to mean
any instrument or device capable of producing or
reproducing sound, which device is located in a
premises open between the hours of 2:00 a.m.
and 6:00 a.m.

(c) Informal Entertainment. Any act, play,
review, pantomime, scene, song, dance act, song
and dance act, or poetry recitation, conducted or

621

Sec. 1070.

San Francisco - Police Code

622

participated in by any nonprofessional person or
persons in or upon any premises to which pa-
trons or members are admitted.

(d) Person. An individual, firm, partner-
ship, joint venture, association, social club, fra-
ternal organization, joint stock company, corpo-
ration, estate, trust, business trust, receiver,
syndicate, or any other group or combination
acting as a unit excepting the United States of
America, the State of California, and any politi-
cal subdivision of either thereof.

(e) Operator. Any person operating an ex-
tended-hours premises in the City and County of
San Francisco, including, but not limited to, the
owner or proprietor of such premises, lessee,
sublessee, mortgagee in possession, licensee or
any other person operating such place of enter-
tainment or amusement.

(f) Bona Fide Nonprofit Club or Orga-
nization. Any fraternal, charitable, religious or
benevolent, or any other nonprofit organization
having a regular membership association prima-
rily for mutual social, mental, political and civil
welfare, to which admission is limited to mem-
bers and guests and revenue accruing therefrom
to be used exclusively for the benevolent purpose
of said organization and which organization or
agency is exempt from taxation under the Inter-
nal Revenue laws of the United States as a bona
fide fraternal, charitable, religious, benevolent
or nonprofit organization.

(g) Admission Charge. Any charge for the
right or privilege to enter any extended-hours
premises including a minimum service charge, a
cover charge or a charge made for the use of
seats and tables, reserved and otherwise.

(h) Tax Collector. Tax Collector of the City
and County of San Francisco.

(i) "Bona Fide Public Eating Place." A

place which is regularly and in bona fide manner
used and kept open for the serving of meals to
guests for compensation and which has suitable
kitchen facilities connected therewith, contain-
ing conveniences for cooking an assortment of
foods which may be required for ordinary meals,
the kitchen of which must be kept in a sanitary
condition with the proper amount of refrigera-

tion for keeping of food on said premises and
must comply with all the regulations of the
Department of Public Health. "Meals" means the
usual assortment of foods commonly ordered at
various hours of the day; the service of such food
and victuals only as sandwiches or salads shall
not be deemed a compliance with this require-
ment. "Guests" shall mean persons who, during
the hours when meals are regularly served therein,
come to a bona fide public eating place for the
purpose of obtaining, and actually order and
obtain at such time, in good faith, a meal therein.
Nothing in this Section, however, shall be con-
strued to require that any food be sold or pur-
chased with any beverage. (Amended by Ord.
229-74, App. 5/16/74; Ord. 192-89, App. 6/5/89;
Ord. 76-98, App. 3/6/98)

SEC. 1070.1. PERMIT REQUIRED.

It shall be unlawful for any person to own,
conduct, operate, maintain or to participate
therein, or to cause or permit to be conducted,
operated or maintained, any extended-hours pre-
mises in the City and County of San Francisco
without first having obtained a permit from the
Entertainment Commission.

Any place or premises where a permit to
operate is sought must conform to all existing
health, safety, and fire ordinances of the City and
County of San Francisco, and must have a valid
public eating place permit from the Department
of Public Health. The Entertainment Commis-
sion may issue a permit under this Section
conditional upon the applicant receiving the other
required permits.

Any permit granted by the Entertainment
Commission conditional upon the applicant re-
ceiving other required permits may be appealed
to the Board of Appeals. Such appeal must be
filed within 10 days of the final decision of the
Entertainment Commission issuing the condi-
tional permit.

Any conditional permit granted by the Enter-
tainment Commission will expire nine months
from the date of the final decision of the Enter-
tainment Commission, if all the other required
permits have not been received. (Amended by
Ord. 284-80, App. 6/17/80; Ord. 76-98, App. 3/6/
98; Ord. 164-02, File No. 020783, App. 7/26/2002)

623

Entertainment Regulations for Extended-Hours Premises

Sec. 1070.3.

SEC. 1070.1-1. LICENSE FEES.

Every person granted an extended hours
premises permit by the Entertainment Commis-
sion under this Article shall pay to the Tax
Collector an annual license fee, payable in ad-
vance.

The license fee prescribed in this Section is
due and payable on a calendar year basis, start-
ing January 1st of each year. Fees for new
permits issued after the first day of January of a
particular year shall be prorated with regard to
the calendar year on a monthly basis. The amount
of the license fee for the 2005-2006 fiscal year
shall be as set forth in Section 2.27 of this Code,
and such amount shall be adjusted for inflation
commencing with the 2006-2007 fiscal year, and
annually thereafter, in accordance with Section
2.31 of this Code. (Added by Ord. 193-05, File No.
051027, App. 7/29/2005)

SEC. 1070.2. FILING.

Every person desiring a permit pursuant to
this Article shall file an application with the
Entertainment Commission upon a form pro-
vided by the Entertainment Commission and
shall pay a filing fee. (Added by Ord. 555-81,
App. 11/12/81; amended by Ord. 164-02, File No.
020783, App. 7/26/2002)

SEC. 1070.3. APPLICATION FORM.

(a) The address of the location for which the
permit is required, together with the business
name of such location.

ration. If the applicant is a partnership, the
application shall set forth the name and resi-
dence address of each of the partners, including
limited partners. If one or more of the partners is
a corporation, the provisions of this Section per-
taining to a corporate applicant apply.

(c) Whether or not the applicant or any
officer or director or member of applicant, as the
case may be, has ever been convicted of any
crime except misdemeanor traffic violations. In
addition to the foregoing, any corporate appli-
cant shall state whether or not any stockholder
owning more than 10 percent of the stock of such
corporation has ever been convicted of any crime
except misdemeanor traffic violations. If any
person mentioned in this subsection has been so
convicted, a statement must be made giving the
name of the person so convicted, the place and
court in which the conviction was had, the spe-
cific 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 brief state-
ment of the nature and extent of such authority
and control.

(e) Such information pertinent to the opera-
tion of the proposed activity, including informa-
tion as to management, authority, control, finan-
cial agreements, and lease arrangements, that is
reasonably related to the factual determinations
this ordinance empowers the Chief to make in
reviewing and acting upon permit applications
as the Chief of Police may require of an applicant
in addition to the other requirements of this
Section. The foregoing examples are in explana-
tion and not in limitation of the information
which the Entertainment Commission may re-
quire.

(f) A business plan for the proposed extended-
hours premises, specifying the days and hours of
operation, the number of patrons, the numbers
of employees and their duties, the identity of the
manager or managers who shall be on premises
during all hours of operation, the types or classes
of entertainment (in terms of the types of instru-

Sec. 1070.3.

San Francisco - Police Code

624

ments, numbers of performers and sound levels)
to be provided, and the amount of parking, both
on-site and off-site, to be provided. If sound
amplification is to be used, the plan shall also
include a specific description of the amplification
system.

(g) The address to which notice, when re-
quired, 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.

(h) Whether the application is for a new
permit or for the renewal of an existing permit.

(i) The Entertainment Commission may re-
quire further information as he or she deems
necessary. (Added by Ord. 252-70, App. 7/23/70;
amended by Ord. 325-91, App. 9/4/91; Ord. 76-98,
App. 3/6/98; Ord. 164-02, File No. 020783, App.
7/26/2002)

SEC. 1070.4. VERIFICATION OF
APPLICATION.

Every application for a permit under this
Article shall be verified as provided in the Cali-
fornia Code of Civil Procedure for the verification
of pleadings. (Added by Ord. 252-70, App. 7/23/
70)

SEC. 1070.5. DETERMINATION OF
APPLICATION.

(b) At the time of filing of an application,
the applicant shall notify the Entertainment
Commission of any outstanding requests for per-
mits or approvals from other City departments
relating to the premises of the proposed extended-
hours premises. The Entertainment Commission
shall notify those departments of the filing of the
application. Those departments shall complete
all necessary inspections and report their deter-

minations to the Entertainment Commission
within 20 working days of the filing of the
application.

(c) Not less than 30 days before the date of
such hearing, the Entertainment Commission
shall cause to be posted a notice of such hearing
in a conspicuous place on the property in which
or on which the proposed extended-hours pre-
mises is to be operated. Such notice shall set
forth the specific type of entertainment which
the applicant intends to conduct. Such posting of
notice shall be carried out by the Entertainment
Commission, and the applicant shall maintain
said notice as posted the required number of
days. Notice of such hearing shall be mailed by
the Chief of Police at least 30 days prior to the
date of such hearing to any person who has filed
a written request for such notice.

(e) No time limit shall commence running
until the submission of a completed application.
Upon the applicant's request, the Entertainment
Commission shall continue the hearing to allow
the applicant opportunity to comply with the
requirements of this Article or any other State or
local law. Upon the applicant's request, the En-
tertainment Commission shall also issue a con-
ditional approval of the permit application, pend-
ing approval of the permit by other City agencies,
if sufficient information has been provided to
allow for adequate evaluation of the proposal
and if grounds for denial, as set forth in Subsec-
tion (f), are not present.

(f) The Entertainment Commission shall
grant a permit pursuant to this Article unless he
or she finds that:

(i) The building, structure, equipment or
location of the proposed place of entertainment
does not comply with or fails to meet all of the

625

Entertainment Regulations for Extended-Hours Premises

Sec. 1070.12.

health, zoning fire and safety requirements or
standards of all the laws of the State of Califor-
nia or ordinances of the City and County of San
Francisco applicable to such business operation;
or

(ii) The building, structure, equipment or
location of the proposed extended-hours pre-
mises cannot adequately accommodate the type
and volume of vehicle and pedestrian traffic
anticipated; or

(iii) The building, structure, equipment or
location of the proposed extended-hours pre-
mises lack adequate safeguards to prevent emis-
sions of noise, glare, dust and odor that substan-
tially interfere with the public health, safety and
welfare or the peaceful enjoyment of neighboring
property.

(g) An applicant whose application for a
permit has been denied pursuant to this Section
may seek immediate judicial review pursuant to
Code of Civil Procedure Section 1085 or Section
1094.5. The applicant is not required to exhaust
his or her administrative remedies before the
Board of Appeals. (Added by Ord. 252-70, App.
7/23/70; amended by Ord. 325-91, App. 9/4/91;
Ord. 76-98, App. 3/6/98; Ord. 164-02, File No.
020783, App. 7/26/2002; Ord. 216-02, File No.
021460, App. 11/1/2002)

SEC. 1070.6. PRIVATE CLUB.

No establishment licensed pursuant to this
Article may allow the premises to be used solely
for the purpose of conducting a private club
between the hours of 2:00 a.m. and 6:00 a.m.
(Added by Ord. 252-70, App. 7/23/70)

SEC. 1070.7. SOLICITATION OF DRINKS
OR MERCHANDISE.

(a) No operator of an extended-hours pre-
mises shall employ or permit any hostess, enter-
tainer, or person to solicit any patron or cus-
tomer of or visitor in said extended-hours premises
to purchase any beverage or merchandise for the
one soliciting or for any other person.

(b) No operator of an extended-hours pre-
mises shall employ any hostess or entertainer for
the purpose of procuring or encouraging the

purchase or sale of beverages or merchandise, or
pay any such hostess or entertainer a percentage
or commission on the sale of beverages or mer-
chandise for procuring or encouraging the pur-
chase or sale of beverages or merchandise on
said premises. (Amended by Ord. 306-73, App.
8/6/73; Ord. 76-98, App. 3/6/98)

SEC. 1070.8. SOLICITATION OF TRADE.

No operator of an extended-hours premises
shall permit or allow or cause any employee of
the extended-hours premises to solicit by per-
sonal solicitation or otherwise, or by means of
any device whereby the voice of the person
soliciting can be heard at or near such entrance.
(Added by Ord. 252-70, App. 7/23/70; amended
by Ord. 76-98, App. 3/6/98)

SEC. 1070.9. PROCUREMENT.

No person shall permit, procure, counsel, or
assist any person to expose himself or herself.
(Added by Ord. 252-70, App. 7/23/70)

SEC. 1070.10. ATTIRE.

No person shall enter, be, or remain in any
establishment licensed pursuant to this Article
or required to be licensed pursuant to this Ar-
ticle, except when attired in such a manner that
the pubic area, private parts, the crease of the
buttocks are completely covered and are not
visible to the human eye. (Added by Ord. 252-70,
App. 7/23/70)

SEC. 1070.11. LIGHTING.

Every establishment licensed pursuant to
this Article shall be lighted throughout an inten-
sity of not less than 12 footcandles during all
hours of operation. (Added by Ord. 252-70, App.
7/23/70)

SEC. 1070.12. MISCELLANEOUS RULES.

No professional entertainer or employee may
dance, unnecessarily converse, or associate with
any customer on the premises in any extended-
hours premises; provided, however, that a regu-
larly scheduled audience participation type of
entertainment may be presented during the time
slated and in the manner described in an adver-

Sec. 1070.12.

San Francisco - Police Code

626

tisement posted in a regularly printed program.
Provided, further, that a copy of said advertise-
ment shall be received by the Entertainment
Commission 24 hours prior to the conducting of
said audience participation entertainment. (Added
by Ord. 252-70, App. 7/23/70; amended by Ord.
76-98, App. 3/6/98; Ord. 164-02, File No. 020783,
App. 7/26/2002)

SEC. 1070.13. BOOTHS.

It shall be unlawful for any person operating
an extended-hours premises under the provi-
sions of this Article, in the City and County of
San Francisco, or any agent, employee or repre-
sentative thereof, to erect, construct, maintain,
or cause or permit to be erected, constructed or
maintained, within such extended-hours pre-
mises any private rooms, booths, enclosures or
compartments, or any closed stalls, or any al-
coves of any nature, so arranged that the inner
portion of the same shall not at all times be
visible from any point in the extended-hours
premises where such rooms, booths, enclosures,
compartments, stalls, or alcoves should be rea-
sonably within view. (Added by Ord. 252-70, App.
7/23/70; amended by Ord. 76-98, App. 3/6/98)

SEC. 1070.14. POLICE; INSPECTION.

The Police Department, in addition to its
several other duties, shall inspect any and all
establishments licensed pursuant to this Article.
(Added by Ord. 252-70, App. 7/23/70)

SEC. 1070.15. NOISE ABATEMENT.

Whenever, upon due notice and hearing, it
shall be determined that noise from any estab-
lishment licensed under this Article interfered
with the right of persons dwelling in the vicinity
of such establishment to the peaceful and quiet
use and enjoyment of their property, the Enter-
tainment Commission may require that the pre-
mises be soundproofed in a manner that in the
judgment of the Entertainment Commission will
be effective to eliminate the noise or reduce it to
a reasonable level. In taking any action under
this Section, the Entertainment Commission must
balance all of the interests of the respective
parties, as well as the hardship which will result

from any order, if the Entertainment Commis-
sion finds that the noise complained of is of a
minimum or unconsequential degree, no action
shall be taken under this Article. If a licensee
fails, within a reasonable time and in no event
more than 60 days after having been ordered to
do so pursuant to this Article, to take such steps
as were ordered to abate any noise, his license
shall be suspended after a second hearing, due
notice of which is given, until such time as he
complies with the order. (Added by Ord. 252-70,
App. 7/23/70; amended by Ord. 164-02, File No.
020783, App. 7/26/2002)

SEC. 1070.16. MINORS.

Except as provided in this Section, no person
under 21 years of age shall enter, be, or remain
in or on any premises operated as an extended-
hours premises. A licensee shall not permit such
a person to enter, be, or remain in or on any such
premises except on Friday and Saturday nights
there shall be a one-half hour grace period, until
2:30 a.m., for the departure from extended-hours
premises of persons 18 to 21 years of age. (Added
by Ord. 252-70, App. 7/23/70; amended by Ord.
192-89, App. 6/5/89; Ord. 76-98, App. 3/6/98)

SEC. 1070.17. SUSPENSION AND
REVOCATION.

(1) The building, structure, equipment or
location of the proposed extended-hours pre-
mises does not comply with or fails to meet all of
the health, zoning, fire and safety requirements
or standards of all the laws of the State of
California or ordinances of the City and County
of San Francisco applicable to such business
operation; or

627

Entertainment Regulations for Extended-Hours Premises

Sec. 1070.19.

premises are located, and the permittee has
failed, after being requested by the Police De-
partment or Entertainment Commission to do
so, to take reasonable steps to alleviate these
conditions, such as providing additional off-
street parking, security, soundproofing, restroom
facilities, or refuse containers; or

(3) The proprietor or persons in charge
thereof have violated, permitted the violation, or
failed to take reasonable steps, after being re-
quested by the Police Department or Entertain-
ment Commission to do so, to halt violations on
the premises or in connection with the operation
of the establishment, of any following laws of the
State of California: Penal Code Sections 266h,
266i, 315, 316, 330, 337a, 657(b); Business and
Professions Code Sections 23300, 25602, 25631,
25657, 25658; Health and Safety Code Sections
11351, 11352, 11359, 11360, 11378, 11379, 11378.5,
11379.5; or, the proprietor or persons in charge
thereof have implemented, maintained or per-
mitted any admission or related policy or prac-
tice which violates Section 3305 of the San
Francisco Police Code.

(c) Any permit issued under the terms of
this Article may be revoked at any time by the
Entertainment Commission if it determines af-
ter a noticed public hearing that any of the
following conditions exist:

(1) The permittee has knowingly made any
false, misleading or fraudulent statement of ma-
terial fact in the application for a permit;

(2) The permittee has failed to pay any fee
or charge required under this Article; or

(3) The permittee has permanently ceased
operation of the business.

(d) A revocation pursuant to Subsection (c)
shall not prejudice the right of an applicant to
apply for a new permit.

(e) The Entertainment Commission may not
consider any request for emergency medical or
ambulance services to treat a permittee's pa-
trons as a basis for suspending a permit pursu-
ant to subdivision (a). (Added by Ord. 252-70,
App. 7/23/70; amended by Ord. 325-91, App.
9/4/91; Ord. 76-98, App. 3/6/98; Ord. 81-00, File
No. 000390, App. 5/5/2000; Ord. 164-02, File No.
020783, App. 7/26/2002)

SEC. 1070.18. FORFEITURE OF FEE.

On revocation of the permit, no part of the
permit fee shall be returned, but the said permit
fee shall be forfeited to the City and County of
San Francisco. (Added by Ord. 252-70, App.
7/23/70)

SEC. 1070.19. EXCEPTIONS.

(a) The Entertainment Commission may
grant an exception to an extended-hours pre-
mises as defined herein from the provisions of
Sections 1070.11, 1070.13 and 1070.16 relating
to lighting of the premises, booths and minors
being on the premises if the Entertainment Com-
mission shall find that the extended-hours pre-
mises is used exclusively for any of the following
purposes:

(1) A bona fide public eating place as de-
fined herein to which a public eating place per-
mit has been issued by the Department of Public
Health.

(2) A place of entertainment that has no
liquor license.

(3) An extended-hours premises that is op-
erated by any public agency or by any educa-
tional, recreational or social agency, or by any
bona fide fraternal, charitable, or religious or
benevolent or any other nonprofit organization
having a regular membership association prima-
rily for mutual social, mental, political and civic

Sec. 1070.19.

San Francisco - Police Code

628

welfare, to which admission is limited to mem-
bers and guests and revenue accruing therefrom
is used exclusively for the benevolent purposes of
said organization and which organization or
agency is exempt from taxation under the Inter-
nal Revenue laws of the United States as a bona
fide fraternal, charitable, religious, benevolent
or nonprofit organization.

(b) Any determination as to the exception
status of any applicant pursuant to this Section
shall be made by the Entertainment Commis-
sion.

(c) A decision by the Entertainment Com-
mission denying the exception from the regula-
tions shall be final except that an appeal there-
from may be taken within 10 days to the Board of
Review created by Ordinance No. 245-68. The
Board of Review will consist of the Director of
Administrative Services, the Controller and As-
sessor-Recorder. Any member of the Board may
deputize in writing, filed with the Board, any
member of his office to serve in his place on such
Board or in such hearing as he may desire. A
majority of the members of the Board shall
constitute a quorum.

(d) The Board, in addition to its several
other duties, shall have the power and it shall be
its duty to hear and determine appeals from the
decisions of the Entertainment Commission made
upon petition for an exception from the regula-
tions. The Board may affirm or reverse such
decision by the Entertainment Commission or
dismiss the appeals therefrom as may be just,
and shall prescribe such forms, rules and regu-
lations relating to appeals as it may deem nec-
essary. In the review of the decision by the
Entertainment Commission the Board may take
such evidence and make such investigation as it
may deem necessary. It shall give notice of its
determinations in writing to the petitioner and
shall file a copy of each determination with the
Entertainment Commission. The determination
shall become final 10 days thereafter. If the
Board of Review concurs with the determination
of the Entertainment Commission, the regula-
tions shall become effective as an order or deci-
sion of the Entertainment Commission. If the

Board of Review overrules the order or decision
of the Entertainment Commission, the regula-
tions shall not be enforced by the Entertainment
Commission. (Added by Ord. 252-70, App. 7/23/
70; amended by Ord. 76-98, App. 3/6/98; Ord.
164-02, File No. 020783, App. 7/26/2002; Ord.
47-04, File No. 032029, App. 4/1/2004)

SEC. 1070.20. LIMITED SUSPENSION.

Any permit issued under the terms of this
Article may be suspended for a period of 30 days
by the Entertainment Commission if the Enter-
tainment Commission determines after a noticed
hearing that violation of the regulations or any
provisions of the Municipal Code has occurred.
(Added by Ord. 252-70, App. 7/23/70; amended
by Ord. 164-02, File No. 020783, App. 7/26/2002)

SEC. 1070.20-1. LICENSE FEES.

Every permittee who conducts, permits or
assists in conducting or permitting any extended-
hours premises as defined, shall pay to the Tax
Collector an annual license fee, payable in ad-
vance.

The license fee prescribed in this Section is
due and payable on a calendar year basis start-
ing 90 days after the effective date of this Article,
prorated with regard to the calendar year on a
monthly basis. Fees for new licenses issued after
the first day of January, 1971, or in any subse-
quent calendar year shall be prorated with re-
gard to the calendar year on a monthly basis.
(Amended by Ord. 555-81, App. 11/12/81; Ord.
76-98, App. 3/6/98)

SEC. 1070.21. STAY ORDERS.

Notwithstanding Section 8, Part III, of the
San Francisco Municipal Code, the action of the
Entertainment Commission in suspending a per-
mit for a period not to exceed 30 days shall not be
suspended by an appeal to the Board of Appeals.
(Added by Ord. 252-70, App. 7/23/70; amended
by Ord. 76-98, App. 3/6/98; Ord. 164-02, File No.
020783, App. 7/26/2002)

SEC. 1070.22. TRANSFER OF PERMIT.

No permit shall be transferable except with
the written consent of the Entertainment Com-

629

Entertainment Regulations for Extended-Hours Premises

Sec. 1070.27.

mission. An application for such a transfer shall
be in writing and shall be accompanied by the
same filing fee as for an initial application. The
written application for such transfer shall con-
tain the same information as requested herein
for an initial application for such a permit.
(Amended by Ord. 555-81, App. 11/12/81; Ord.
164-02, File No. 020783, App. 7/26/2002)

SEC. 1070.23. PERMIT REQUIRED.

All premises operating as an extended-hours
premises as defined in Section 1070(a) herein are
required to conform with all provisions con-
tained in Sections 1070 through 1070.17 of this
Article within 90 days of the effective date thereof,
unless excepted pursuant to Section 1070.19;
failure so to do shall make continued operation of
said extended-hours premises establishment a
violation of Section 1070.24 hereof.

New permits must be obtained from the
Entertainment Commission as Sections 1070.1,
1070.2, 1070.3 and 1070.4 hereof provide. (Added
by Ord. 252-70, App. 7/23/70; amended by Ord.
76-98, App. 3/6/98; Ord. 164-02, File No. 020783,
App. 7/26/2002)

SEC. 1070.24. PENALTY.

SEC. 1070.25. SEVERABILITY.

If any section, subsection, subdivision, para-
graph, 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 de-
clares 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, sub-
divisions, paragraphs, sentences, clauses or
phrases be declared unconstitutional or invalid
or ineffective. (Added by Ord. 252-70, App. 7/23/
70)

SEC. 1070.26. MORATORIUM ON THE
GRANTING OF PERMITS.

Notwithstanding any provision of this Code,
neither the Chief of Police, nor the Board of
Appeals on appeal, shall grant or issue to any
person a permit to own, conduct, operate, main-
tain or to participate therein, or to cause or
permit to be conducted, operated or maintained,
any extended-hours premises in the Moratorium
Area described below in Subsection (a).

(a) Moratorium Area Described. The
"Moratorium Area" includes the area bounded by
Bush Street to the North, O'Farrell Street to the
South, Taylor Street to the East, and Van Ness
Avenue to the West, including the properties
fronting on each side of O'Farrell, Bush, and
Taylor Streets, but not including the properties
fronting Van Ness Avenue.

(b) Sunset Provision. The moratorium pro-
vided by this ordinance shall expire on December
31, 2000 unless repealed or further extended by
ordinance. (Added by Ord. 75-98, App. 3/6/98;
amended by Ord. 217-00, File No. 001313, App.
9/8/2000)

SEC. 1070.27. EARPLUGS AND FREE
DRINKING WATER.

If the location for which the extended hours
premises permit is issued holds over 500 persons
and contains a dance floor or other place prima-
rily designated for dancing, the permit holder
shall provide:

(a) Free cool drinking water to patrons by
means of an automatic drinking fountain or by
providing cups of water at all beverage service
locations, or both; and

(b) Earplugs for free, or for sale on the
premises at a reasonable price. (Added by Ord.
176-00, File No. 000477, App. 7/28/2000; amended
by Ord. 215-02, File No. 021459, App. 11/1/2002)

Sec. 1070.27. San Francisco - Police Code 630

[The next page is 643]

ARTICLE 15.3: PROHIBITING NUDE PERFORMERS, WAITERS AND WAITRESSES

Sec. 1071. Definition.
Sec. 1071.1. Prohibition.

Sec. 1071.2. Employment or Payment Not

Necessary For Offense.
Sec. 1071.3. Counseling or Assisting.
Sec. 1071.4. Exceptions.
Sec. 1071.5. Severability.
Sec. 1071.6. Penalty.

SEC. 1071. DEFINITION.

For the purpose of this Article, the following
words and phrases shall mean and include:

(a) Theater. A building, playhouse, room,
hall or other place having a permanent stage
upon which movable scenery and theatrical or
vaudeville or similar performances are given,
with permanently affixed seats so arranged that
a body of spectators can have an unobstructed
view of the stage, whose primary function is to
give such performance. (Added by Ord. 260-73,
App. 7/5/73)

SEC. 1071.1. PROHIBITION.

Every person is guilty of a misdemeanor who,
while acting as a waiter, waitress or entertainer
in an establishment which serves food, bever-
ages, or food and beverages, including but not
limited to, alcoholic beverages; (a) exposes his or
her genitals, pubic hair, buttocks, natal cleft,
perineum, anal region or pubic hair region; or (b)
exposes or employs any device, costume or cover
which gives the appearance of or simulates the
genitals, pubic hair, buttocks, natal cleft,
perineum, anal region or pubic hair region; or (c)
exposes any portion of the female breast at or
below the areola thereof; or (d) employs any
device or covering which is intended to simulate
such portion of the breast. (Added by Ord. 260-
73, App. 7/5/73)

SEC. 1071.2. EMPLOYMENT OR
PAYMENT NOT NECESSARY FOR
OFFENSE.

A person shall be deemed to be a waiter,
waitress, or entertainer if such person acts in

that capacity without regard to whether or not
such person is paid any compensation by the
management of the establishment in which the
activity is performed. (Added by Ord. 260-73,
App. 7/5/73)

SEC. 1071.3. COUNSELING OR
ASSISTING.

Every person is guilty of a misdemeanor who
permits, counsels, or assists any person to vio-
late any provision of this Article. (Added by Ord.
260-73, App. 7/5/73)

SEC. 1071.4. EXCEPTIONS.

This Article does not apply to: (a) a theater,
concert hall, or similar establishment which is
primarily devoted to theatrical performances; (b)
any act authorized or prohibited by any state
statute; (c) entertainment as defined in Section
1060(e), Article 15.1 of this Code, and as regu-
lated by Section 1060.9.1 of said Code. (Added by
Ord. 260-73, App. 7/5/73)

SEC. 1071.5. SEVERABILITY.

If any section, subsection, subdivision, para-
graph, sentence, clause or phrase of this Article,
or application thereof to any person or circum-
stances, is for any reason held to be unconstitu-
tional or invalid or ineffective by any court of
competent jurisdiction, such decision shall not
affect the validity or effectiveness of the remain-
ing portions of this ordinance or any part thereof.
The Board of Supervisors hereby declares that it
would have passed each section, subsection, sub-
division, paragraph, sentence, clause or phrase
thereof, irrespective of the fact that any one or
more sections, subsections, subdivisions, para-
graphs, sentences, clauses or phrases be de-
clared unconstitutional or invalid or ineffective.
(Added by Ord. 260-73, App. 7/5/73)

SEC. 1071.6. PENALTY.

A violation of this Article is punishable by a
fine not exceeding $500 or by imprisonment in

643

Sec. 1071.6. San Francisco - Police Code 644

the County Jail for not exceeding six months, or
by both such fine and imprisonment. (Added by
Ord. 260-73, App. 7/5/73)

[The next page is 651]

ARTICLE 15.4: ENCOUNTER STUDIOS

Sec. 1072.1.

Sec. 1072.2.

Sec. 1072.3.

Sec. 1072.4.

Sec. 1072.5.

Sec. 1072.6.

Sec. 1072.7.

Sec. 1072.8.

Sec. 1072.9.

Sec. 1072.10.

Sec. 1072.11.

Sec. 1072.12.

Sec. 1072.13.

Sec. 1072.14.

Sec. 1072.15.

Sec. 1072.16.

Sec. 1072.17.

Sec. 1072.18.

Sec. 1072.19.

Sec. 1072.20.

Sec. 1072.21.

Sec. 1072.22.

Sec. 1072.23.

Sec. 1072.24.

Sec. 1072.25.

Sec. 1072.26.

Sec. 1072.27.

Definitions.

Permit Required.

Employee Permit Required

Display.

Filing and Fee Provision.

Employee Permit.

Application for Encounter

Studio Permit.

Application For Employee of an

Encounter Studio.

Verification of Application.

Corporate, Applicants;

Exemption.

Corporate Permittee;

Maintenance of Stock Register;

Report.

Notice of Hearing.

Referral of Application to Other

Departments.

Issuance of Permit For an

Encounter Studio.

Applications Barred For One

Year.

Issuance of Employee Permits.

Revocation or Suspension of

Permit.

Employment of Persons Under

the Age of 18 Prohibited.

Age of Customer.

Sale or Transfer.

Name and Place of Business

Change of Location.

Display of Permit.

Inspection.

Daily Register.

Prohibited Activities.

Solicitation of Trade.

Lighting.

Noise.

Sec.

1072.28.

Booths and Cubicles.

Sec.

1072.29.

Hours of Operation.

Sec.

1072.30.

Signs Regulated.

Sec.

1072.31.

Signs; Continued.

Sec.

1072.32.

Signs Required.

Sec.

1072.33.

Entertainment, Visibility from
the Street.

Sec.

1072.34.

Advertising.

Sec.

1072.35.

Locked Doors.

Sec.

1072.36.

Counseling or Assisting.

Sec.

1072.37.

Exemptions.

Sec.

1072.38.

Exemptions Continued.

Sec.

1072.39.

Exemptions Continued.

Sec.

1072.40.

License Fees.

Sec.

1072.40-1. Employee License.

Sec.

1072.41.

Transfer or Assignment of
Permit.

Sec.

1072.42.

Penalty, Misdemeanor or
Infraction.

Sec.

1072.43.

Penalty Limited Suspension or
Revocation.

Sec.

1072.44.

Time Limit For Obtaining
Permit.

Sec.

1072.45.

Severability.

SEC. 1072.1. DEFINITIONS.

For the purposes of this Article, the following
words and phrases shall mean and include:

(a) Theater. A building, playhouse, room,
hall, or other place having therein a permanent
stage upon which movable scenery is or may be
placed and upon which theatrical or vaudeville
or similar performances are given, with seats so
arranged in proximity to such stage that a body
of spectators may have an unobstructed view of
said stage, the primary function of which is to
serve as the locale of such performance.

(b) Encounter Studio. An establishment
to which patrons or members are invited and is
so arranged as to provide booths, cubicles, room

651

Sec. 1072.1.

San Francisco - Police Code

652

or rooms, compartments or stalls wherein an
entertainer provides entertainment as defined
herein to patrons or members or groups of mem-
bers or patrons within the aforesaid booths,
cubicles, room or rooms, compartments or stalls.

(c) Entertainment. Any act, play, review,
pantomime, scene, song, dance act, song and
dance act, modeling, conversation, appearance
or any other live act, demonstration, exhibition,
or poetry recitation, conducted or participated in
by any person in or upon any premises to which
patrons or members are admitted. "Entertain-
ment" also includes a fashion or style show,
except when conducted by a bona fide nonprofit
club or organization as part of the social activi-
ties of such club or organization, and when
conducted solely as a fund-raising activity for
charitable purposes.

"Entertainment," in addition, is defined to
mean and include the playing upon or use of any
instrument that is capable of or can be used to
produce musical sounds or percussion sounds,
including but not limited to reed, brass, percus-
sion or stringlike instruments; provided, further,
that "entertainment" is defined to mean any
instrument or device capable of producing or
reproducing sound.

(d) Person. An individual, firm, partner-
ship, joint adventure, association, social club,
fraternal organization, joint stock company, cor-
poration, estate, trust, business trust, receiver,
trustee, syndicate, or any other group or combi-
nation acting as a unit, excepting the United
States of America, the State of California, and
any political subdivision of either thereof.

(e) Operator. Any person operating an En-
counter Studio, including but not limited to the
owner or proprietor of the premises upon which
it is located, and the lessee, sublessee, or mort-
gagee in possession.

(f) Bona Fide Nonprofit Clubs or Orga-
nizations. Any fraternal charitable, religious or
benevolent, or any other nonprofit organization,
having a regular membership association prima-
rily for mutual social, mental, political and civil
welfare to which admission is limited to mem-
bers and guests and revenue accruing therefrom

to be used exclusively for the benevolent pur-
poses of said organization and which organiza-
tion or agency is exempt from taxation under the
Internal Revenue Laws of the United States as a
bona fide fraternal, charitable, religious, benevo-
lent or nonprofit organization.

(g) Entertainer. An entertainer, for the
purposes of this Article, is any person who per-
forms any act enumerated in Section 1072.1(c) of
this Article within an Encounter Studio whether
for any consideration or not.

(h) Employee. Any and all persons who
work in or about or render any services whatso-
ever to the patrons or customers of an Encounter
Studio and who receives compensation for such
service.

(i) Specified Sexual Activities. (1) Hu-
man genitals in a state of sexual stimulation or
arousal; (2) Acts of human masturbation, sexual
intercourse or sodomy; and (3) Fondling or other
erotic touching of human genitals, pubic region,
buttock or female breast.

(j) Specified Anatomical Areas. (1) Less
than completely and opaquely covered: (a) hu-
man genitals, pubic hair, buttock, natal cleft,
perineum, anal region, and (b) female breast at
or below the areola thereof; and (2) Human male
genitals in a discernibly turgid state, even if
completely and opaquely covered. (Added by Ord.
241-77, App. 6/17/77)

SEC. 1072.2. PERMIT REQUIRED.

It shall be unlawful for any person to engage
in, conduct or carry on, or to permit to be
engaged in, conducted or carried on, in or upon
any premises in the City and County of San
Francisco, the operation of an Encounter Studio
as herein defined, without first having obtained
a permit from the Police Department. (Added by
Ord. 241-77, App. 6/17/77)

SEC. 1072.3. EMPLOYEE PERMIT
REQUIRED DISPLAY.

It shall be unlawful for any entertainer or
other employee to work in or about, or to perform

653

Encounter Studios

Sec. 1072.6.

any services for a customer of an Encounter
Studio without first securing a permit from the
Chief of Police.

Every person to whom an employee permit is
granted pursuant to the provisions of this Article
shall display said permit in plain view on his
person at all times while on an Encounter Studio
premises in such a manner that the same may be
readily seen by customers on the premises. Said
permit shall contain a recent photograph of the
entertainer as well as said entertainer's name
and permit number. (Added by Ord. 241-77, App.
6/17/77)

SEC. 1072.4. FILING AND FEE
PROVISION.

Every applicant desiring a permit to main-
tain, operate or conduct an Encounter Studio
shall file an application with the Chief of Police
upon a form provided by said Chief of Police and
pay a filing fee which shall not be refundable.
Each such applicant shall pay an additional fee
of $500 which shall be used by the Chief of Police
to investigate said applicant's application as
provided in Section 1072.6 herein. Any unused
portion of such additional fee shall be returned to
the applicant at the conclusion of the hearing on
his application provided by Section 1072.1.
(Amended by Ord. 555-81, App. 11/12/81)

SEC. 1072.5. EMPLOYEE PERMIT.

Application to Chief of Police. Every appli-
cant for an Employee Permit for an Encounter
Studio shall file an application with the Chief of
Police on a form provided by said Chief of Police
and pay a filing fee which shall not be refund-
able. Said applicant shall file for a permit within
30 days of the effective date of this Article.
(Amended by Ord. 555-81, App. 11/12/81)

SEC. 1072.6. APPLICATION FOR
ENCOUNTER STUDIO PERMIT.

The application for a permit to operate an
Encounter Studio shall set forth the proposed
place of business and facilities therefor and the
name and address of each applicant.

In addition to the foregoing, any applicant for
a permit shall furnish the following information:

(a) The two previous addresses immedi-
ately prior to the present address of the appli-
cant.

(b) Written proof that the applicant is at
least 18 years of age.

(d) Three portrait photographs at least 2"x2".

(e) Business, occupation, or employment of
the applicant for the three years immediately
preceding the date of application.

(f) All criminal convictions except minor
traffic violations.

(g) If the applicant is a corporation, the
name of the corporation shall be set forth exactly
as shown in its articles of incorporation together
with the names and residence addresses of each
of the officers, directors, and each stockholder
holding more than 10 percent of the stock or
beneficial ownership of the corporation. If the
applicant is a partnership, the application shall
set forth the name and the residence addresses
of each of the partners, including limited part-
ners. If one or more of the partners is a corpora-
tion, the provisions of this Section pertaining to
a corporate applicant apply.

(h) Whether applicant or any other person
who will be directly engaged in the management
or operation of the Encounter Studio has been
previously granted permits or licenses to engage
in a business or occupation by the State of
California or by the City and County of San
Francisco, any of which permits or licenses has/
have been revoked by the granting authority
because of violation of law or violation of rules
promulgated by the regulating agency where the
issuing agency or the regulating agency is either
the Alcoholic Beverage Control Commission or
the San Francisco Police Department. The Chief
of Police shall not take into account such revoca-
tion if the applicant suffered such revocation at
least three years prior to the date of the applica-
tion.

Sec. 1072.6.

San Francisco - Police Code

654

(i) Such other identification and informa-
tion necessary to discover the truth of the mat-
ters hereinbefore specified as required to be set
forth in the application.

(j) Nothing contained herein shall be con-
strued to deny to the Chief of Police the right to
take the fingerprints and additional photo-
graphs of the applicant, nor shall anything con-
tained herein be construed to deny the right of
said Chief of Police to confirm, by independent
investigation, the truth and accuracy of the above
information. (Added by Ord. 241-77, App. 6/17/
77)

SEC. 1072.7. APPLICATION FOR
EMPLOYEE OF AN ENCOUNTER
STUDIO.

The employee of an Encounter Studio filing
for a permit shall furnish the following informa-
tion:

(a) Name.

(b) Residence address.

(d) Two previous addresses immediately prior
to the present address of the applicant.

(e) Applicant's weight, height, color of eyes
and hair.

(f) Written proof that applicant is at least
18 years of age.

(g) Three portrait photographs of at least 2"
x 2".

(h) Previous employment of the applicant
for three years immediately preceding the date
of application.

(i) All criminal convictions except minor traf-
fic violations.

(j) Such other identification and informa-
tion necessary to discover the truth of the mat-
ters hereinbefore specified.

(k) Whether applicant or any other person
who will be directly engaged in the management
and operation of the Encounter Studio has been
previously granted permits or licenses to engage
in a business or occupation by the State of

California or the City and County of San Fran-
cisco, any of which permits or licenses has/have
been revoked by the granting authority.

(1) Nothing contained herein shall be con-
strued to deny the Chief of Police the right to
take the fingerprints and additional photo-
graphs of the applicant, nor shall anything con-
tained herein be construed to deny the right of
said Chief of Police to confirm, by independent
investigation, the truth and accuracy of the above
information. (Added by Ord. 241-77, App. 6/17/
77)

SEC. 1072.8. VERIFICATION OF
APPLICATION.

Every application for a permit under this
Article shall be verified as provided in the Code
of Civil Procedure of the State of California for
the verification of pleadings. (Added by Ord.
241-77, App. 6/17/77)

SEC. 1072.9. CORPORATE,
APPLICANTS; EXEMPTION.

The provisions of Section 1072.6(a), (b), (c),
(d), (e) and (f) entitled "Application for Permit"
relating to requirement 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
the City of New York, State of New York.

(2) A bank, trust company, financial institu-
tion or title 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. 241-77,
App. 6/17/77)

SEC. 1072.10. CORPORATE PERMITTEE;
MAINTENANCE OF STOCK REGISTER;
REPORT.

(A) Any corporation holding a permit under
this Article shall maintain a stock register at the
principal office of the corporation in San Fran-
cisco and the stock register shall be available to

655

Encounter Studios

Sec. 1072.13.

the Police Department for inspection. Such cor-
poration shall report to the department in writ-
ing any of the following:

(1) Issuance or transfer of any shares of
stock or beneficial ownership thereof to any
person where the issuance or transfer results in
the person owning 10 percent or more of the
corporate stock.

(2) Change in any of the corporate officers
which are required by Section 821 of the Corpo-
rations Code.

(3) Change of the members of its Board of
Directors.

The report shall be filed with the Police
Department within 30 days after the issuance or
transfer of corporate stock or beneficial owner-
ship thereof, change in corporate officers, or
change in members of the Board of Directors, as
the case may be.

(B) The provisions of this Section shall not
apply to any of the following:

(1) A corporation, the stock of which is listed
on a stock exchange in this state or in the City of
New York, State of New York.

(2) A bank, trust company, financial institu-
tion or title company to which a permit 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. 241-77,
App. 6/17/77)

SEC. 1072.11. NOTICE OF HEARING.

When an application is filed for a permit
under this Article, the Chief of Police shall fix a
time and place for a public hearing thereon. 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
Encounter Studio is to be operated. Such posting
of notice shall be carried out by the Chief of
Police, and the applicant shall maintain said
notice as posted for the required number of days.
(Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.12. REFERRAL OF
APPLICATION TO OTHER
DEPARTMENTS.

The Chief of Police, upon receiving an appli-
cation for an Encounter Studio permit, shall
refer the application to the Bureau of Building
Inspection, the Fire Department, and the City
Planning Department which departments shall
inspect the premises proposed to be operated as
an Encounter Studio and shall make written
recommendations to the Chief of Police concern-
ing compliance with the codes that they admin-
ister. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.13. ISSUANCE OF PERMIT
FOR AN ENCOUNTER STUDIO.

The Chief of Police shall issue a permit
within 14 days following a hearing if all require-
ments for an Encounter Studio described in this
Article are met and shall issue a permit to all
persons who apply to perform Encounter Studio
services unless he finds:

(1) That the operation as proposed by the
applicant if permitted would not have complied
with all applicable laws, including, but not lim-
ited to the Building, City Planning, Housing and
Fire Code of the City and County of San Fran-
cisco or regulations by the Chief of Police.

(2) That the operation as proposed by the
applicant if permitted would not result in a
density of more than one Encounter Studios,
Massage Establishments, Adult Theaters or Adult
Bookstores within an area of 500 square feet of
the premises for which a permit is sought.

(3) That the applicant and any other person
who will be directly engaged in the management
and operation of an Encounter Studio has been
convicted of any of the following offenses or
convicted of an offense within, or without the
State of California that would have constituted
any of the following offenses if committed within
the State of California:

(a) An offense involving conduct which re-
quires registration pursuant to Section 290 of
the Penal Code;

(b) An offense involving the use of force and
violence upon the person of another.

Sec. 1072.13.

San Francisco - Police Code

656

(d) An offense as defined in Sections 311,
647(a), 647a, 647(b), 315, 316, 318 or 266 through
267 inclusive of the Penal Code of the State of
California;

(e) The applicant has had revoked his li-
cense or permit issued by either the Alcoholic
Beverage Control Commission of the State of
California or the San Francisco Police Depart-
ment.

(4) That the applicant or any other person
who will be directly engaged in the management
and operation of the Encounter Studio has had a
permit or license to engage in a business or
occupation granted by the State of California or
the City and County of San Francisco revoked by
the granting authority.

The Chief of Police shall issue a permit to any
person convicted of any of the crimes described
in Subsections (3a), (3b), (3c), (3d), or (3e) of this
Section or subjected to a license or permit revo-
cation as described in Subsection (4) of this
Section if he finds that the termination of any
disability resulting from such conviction or revo-
cation occurred at least three years to the date of
the application and the applicant has had no
subsequent felony convictions of any nature, no
subsequent misdemeanor convictions for crimes
mentioned in this Section and no permit or
license revocations as mentioned in Subsection
(4) of this Section. (Added by Ord. 241-77, App.
6/17/77)

SEC. 1072.14. APPLICATIONS BARRED
FOR ONE YEAR.

shall not be heard by the Chief of Police until the
expiration of one year from the date of the
previous denial or revocation of said permit or
application and there shall be no appeal to said
Board of Permit Appeals for failure or refusal to
hear any such application or appeal within said
one-year period. (Added by Ord. 241-77, App.
6/17/77)

SEC. 1072.15. ISSUANCE OF EMPLOYEE
PERMITS.

The Chief of Police shall issue a permit
within 14 days following a hearing unless he
finds that the applicant has had a permit or
license to engage in a business or occupation
granted by the State of California or the City and
County of San Francisco revoked by the granting
authority or that the applicant has been con-
victed of any of the following offenses or if
convicted of an offense within or without the
State which would have constituted any of the
following offenses if committed within the State
of California:

(a) An offense involving conduct which re-
quires registration pursuant to Section 290 of
the Penal Code.

(b) An offense involving the use of force and
violence on the person of another.

(d) An offense as defined in Sections 311,
647(a), 647a, 647(b), 315, 316, 318 or 266 through
267 inclusive of the Penal Code of the State of
California.

(e) The applicant has had revoked his li-
cense or permit issued by either the Alcoholic
Beverage Control Commission of the State of
California or the San Francisco Police Depart-
ment.

657

Encounter Studios

Sec. 1072.23.

applicant has had no subsequent felony convic-
tions of any nature, no subsequent misdemeanor
convictions for crimes mentioned in this Section
and no subsequent permit revocations men-
tioned in this Section. (Added by Ord. 241-77,
App. 6/17/77)

SEC. 1072.16. REVOCATION OR
SUSPENSION OF PERMIT.

Any permit issued for an Encounter Studio or
employee may be revoked or suspended by the
Chief of Police after a hearing, in any case where
any of the provisions of this Article or local or
State law are violated or where any employee of
the permittee has engaged in any conduct which
violates any of the state or local laws or ordi-
nances at permittee's place of business, or in any
case where the permittee or licensee refuses to
permit any duly authorized Police officer of the
City and County of San Francisco to inspect the
premises or the operations therein. (Added by
Ord. 241-77, App. 6/17/77)

SEC. 1072.17. EMPLOYMENT OF
PERSONS UNDER THE AGE OF 18
PROHIBITED.

It shall be unlawful for any owner, proprietor,
manager or other person in charge of any En-
counter Studio to employ any person who is not
at least 18 years of age. (Added by Ord. 241-77,
App. 6/17/77)

SEC. 1072.18. AGE OF CUSTOMER.

It shall be unlawful for any owner, proprietor,
manager or other person in charge of an Encoun-
ter Studio to allow any person under the age of
18 years to patronize an Encounter Studio as a
customer or patron. (Added by Ord. 241-77, App.
6/17/77)

SEC. 1072.19. SALE OR TRANSFER.

Upon sale, transfer or relocation of an En-
counter Studio, the permit and license therefor
shall be null and void unless approved as pro-
vided in Section 1072.24 herein; provided, how-
ever, that upon the death or incapacity of the

permittee the Encounter Studio may continue in
business for a reasonable period of time to allow
for an orderly transfer of the permit.

If the permittee is a corporation, a transfer of
25 percent of the stock ownership of the permit-
tee will be deemed to be a sale or transfer and
the permit and license therefor shall be null and
void unless approved as provided in Section
1072.24 herein; provided, however, that the pro-
vision shall not apply to a permittee corporation,
the stock of which is listed on a stock exchange in
this state or in the City of New York, State of
New York, or which is required by law to file
periodic reports with the Securities and Ex-
change Commission unless approved as provided
in Section 1072.19 herein. (Added by Ord. 241-
77, App. 6/17/77)

SEC. 1072.20. NAME AND PLACE OF
BUSINESS CHANGE OF LOCATION.

No person granted a permit pursuant to this
Article shall operate under any name or conduct
his business under any designation for any loca-
tion not specified in his permit. (Added by Ord.
241-77, App. 6/17/77)

SEC. 1072.21. DISPLAY OF PERMIT.

Every person to whom or for whom a permit
to operate an Encounter Studio shall have been
granted pursuant to the provisions of this Article
shall display said permit in a conspicuous place
within the Encounter Studio so that the same
may be readily seen by persons entering the
premises. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.22. INSPECTION.

The Police Department shall, from time to
time and at least twice a year, make an inspec-
tion of each Encounter Studio in the City and
County of San Francisco for the purposes of
determining that the provisions of this Article
are complied with. (Added by Ord. 241-77, App.
6/17/77)

SEC. 1072.23. DAILY REGISTER.

Every person who engages in, conducts, or
carries on the operation of an Encounter Studio

Sec. 1072.23.

San Francisco - Police Code

658

shall keep a daily register, approved as to form
by the Police Department, of the following infor-
mation:

(a) The identification of all employees em-
ployed by such establishment, together with a
duplicate of each of said employees' employee
permit;

(b) The hours of employment of each em-
ployee for each day;

(c) The rooms, cubicles, booths, compart-
ments or stalls assigned to or used by each
employee for that day and the time at which each
employee used or was assigned to each room,
cubicle, booth, compartment or stall; and

(d) All patrons, with said patrons' true full
names, residential street, city and state ad-
dresses and hours of arrival and the rooms,
cubicles, booths, compartments or stalls used by
each patron, if any.

Said daily register shall at all times during
business hours be subject to inspection by the
Police Department and by the Health Depart-
ment and shall be kept on file for one year on the
premises. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.24. PROHIBITED ACTIVITIES.

(A) No person, while acting as an enter-
tainer in an Encounter Studio, shall:

(1) Expose his or her genitals, pubic hair,
buttocks, natal cleft, perineum, anal region or
pubic hair region; or

(2) Expose or employ any device, costume or
cover which gives the appearance of or simulates
the genitals, pubic hair, buttocks, natal cleft,
perineum, anal region or pubic hair region; or

(3) Expose any portion of the female breast
at or below the areola thereof; or

(4) Employ any device or covering which is
intended to simulate such portion of the breast;
or

(5) Touch a customer; or

(6) Permit a customer or patron to touch an
entertainer; or

(7) Leave the encounter studio with or meet
a customer or patron outside of said premises.

(B) No person who is a patron of an Encoun-
ter Studio shall place, or cause to be placed in the
daily register false name, or residential street,
city and state addresses. (Added by Ord. 241-77,
App. 6/17/77)

SEC. 1072.25. SOLICITATION OF
TRADE.

No operator or employee of an Encounter
Studio shall permit or allow or cause any person
or employee to solicit trade on the public side-
walk or shall engage in such activity. (Added by
Ord. 241-77, App. 6/17/77)

SEC. 1072.26. LIGHTING.

Every Encounter Studio shall be lighted
throughout to an intensity of at least 12 foot
candles during all hours of operation. (Added by
Ord. 241-77, App. 6/17/77)

SEC. 1072.27. NOISE.

It shall be unlawful for any operator or
employee of an Encounter Studio to make or
continue, or cause, or permit to be made or
continued, any vocal or instrumental music and
related sounds, whether live or reproduced me-
chanically by radio, television, stereo or other-
wise, so as to create any sound or noise which
would cause the sound level (noise level) mea-
sured at any point within the Encounter Studio
to exceed the sound level of 55 decibels, mea-
sured on the A-weighted scale as defined in the
American National Standard S-l.4-1971. (Added
by Ord. 241-77, App. 6/17/77)

SEC. 1072.28. BOOTHS AND CUBICLES.

It shall be unlawful for any operator of an
Encounter Studio to maintain or construct any
booth, cubicle, room or rooms, compartment or
stall that is so arranged that the entire interior
portion of same is not visible from the exterior of
the booth, cubicle, room or rooms, compartment
or stall. No booth, cubicle, room, compartment or
stall shall be so maintained or constructed so
that the entrance to same may be blocked by a
door or curtain or similar device. (Added by Ord.
241-77, App. 6/17/77)

659

Encounter Studios

Sec. 1072.35.

SEC. 1072.29. HOURS OF OPERATION,

Encounter Studios shall be operated only
between the hours of 10:00 a.m., and 10:00 p.m.,
of the same day. (Added by Ord. 241-77, App.
6/17/77)

SEC. 1072.30. SIGNS REGULATED.

No sign or signs which, in whole or in part,
advertise any Encounter Studio and which sign
or signs use the words "nude," "topless," "bottom-
less," "naked," or words of like import in any
language, or which, either expressly or by impli-
cation, indicate that any act which is prohibited
by this Article or by state or local law is available
or performed in said Encounter Studio, shall be
maintained, erected, used or placed in upon or
adjacent to the outside or inside of any building
where it is visible from public streets or from
adjacent buildings and premises, the purposes of
which sign is intended to attract, lure or entice
customers. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.31. SIGNS; CONTINUED.

No operator of an Encounter Studio shall
permit, or cause to be permitted, any sign to be
posted on the premises which depicts, describes
or relates to "Specified Sexual Activities" or
"Specified Anatomical Areas" as defined herein.
(Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.32. SIGNS REQUIRED.

(a) Each operator of an Encounter Studio
shall post and display signs in a conspicuous
place, one inside and one outside the Encounter
Studio which lists the services provided by said
studio and the fee or charge for each such ser-
vice;

(b) Each operator of an Encounter Studio
shall post and display signs in a conspicuous
place, one inside and one outside the Encounter
Studio which read as follows: "THIS ENCOUN-
TER STUDIO IS REGULATED BY THE CITY
AND COUNTY OF SAN FRANCISCO. UPON
ENTRY, ALL PATRONS MUST SIGN A REGIS-
TER, GIVING THEIR TRUE NAME AND AD-
DRESS. THE SIGNING OF A FALSE NAME
AND/OR GIVINGAFALSE ADDRESS WILL BE
DEEMED A MISDEMEANOR. ENTERTAIN-

ERS ARE: (1) NOT PERMITTED TO ENGAGE
IN ANY TYPE OF SEXUAL CONDUCT; (2)
NOT PERMITTED TO REMOVE THEIR CLOTH-
ING; (3) NOT PERMITTED TO EXPOSE
BREASTS OR GENITAL AREAS; (4) NOT PER-
MITTED TO TOUCH OR BE TOUCHED BY
CUSTOMERS; (5) NOT PERMITTED TO LEAVE
WITH OR MEET A CUSTOMER OFF THE
PREMISES."

(c) The signs described above must be printed
in upper case block letters no less than one inch
in height and V4 inch in width. Each such sign
shall state the required information in English,
Spanish, Chinese and Japanese. (Added by Ord.
241-77, App. 6/17/77)

SEC. 1072.33. ENTERTAINMENT,
VISIBILITY FROM THE STREET.

No operator of an Encounter Studio shall
permit or cause to be permitted or allow any
entertainment as defined in this Article in such a
manner that said entertainment would be visible
at any time from the street, sidewalk or highway.
(Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.34. ADVERTISING.

No operator of an Encounter Studio shall
place or cause to be placed or distribute or cause
to be distributed any advertising brochures, pam-
phlets, handbills, posters, announcements, or
the like, that depict the human form or portions
thereof, or contain such wording in such a man-
ner that such depictions of the human form or
portions thereof or words would violate Section
1072.25 of this Article if such pictorial represen-
tation were on a sign upon or adjacent to an
Encounter Studio. (Added by Ord. 241-77, App.
6/17/77)

SEC. 1072.35. LOCKED DOORS.

No operator of an Encounter Studio shall lock
or otherwise bar the entrance door to the En-
counter Studio through which customers or pa-
trons are customarily admitted during the hours
of operation. If there is more than one door
through which customers or patrons are custom-

Sec. 1072.35.

San Francisco - Police Code

660

arily admitted, only one such door need remain
in an unlocked condition during the hours of
operation.

Nothing in this Section shall be construed to
relieve the owner, manager, proprietor or person
in charge of an Encounter Studio from compli-
ance with the several sections of Part II, Chapter
IV of the San Francisco Municipal Code (Fire
Code). (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.36.
ASSISTING.

COUNSELING OR

No person shall permit, counsel or assist any
other person in the violation of any provision of
this Article. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.37. EXEMPTIONS.

The provisions of Section 1072.2 relating to
requirement for a permit shall not apply to an
Encounter Studio operated by any public agency
or by any educational or social agency, or any
bona fide charitable organization as defined in
Section 1072.1(f) herein. (Added by Ord. 241-77,
App. 6/17/77)

SEC. 1072.38. EXEMPTIONS
CONTINUED.

This Article shall not apply to any of the
following who hold current, unrevoked licenses
or certificates from the State of California:

(a) Physicians as defined in Section 4033 of
the Business and Professions Code;

(b) Drugless Practitioners as defined in Sec-
tion 2138 of the Business and Professions Code;

(d) Psychologist as defined in Section 2903
of the Business and Professions Code; or

(e) Persons working under the immediate
control and direction of persons specified in Sub-
sections (a), (b), (c) or (d) of this Section. (Added
by Ord. 241-77, App. 6/17/77)

SEC. 1072.39. EXEMPTIONS
CONTINUED.

This Article shall not apply to:

(a) A theater, concert hall, or similar estab-
lishment which is primarily devoted to theatrical
performances;

(b) Any act authorized or prohibited by any
state statute;

(c) Entertainment as defined in Section
1060(e), Article 15.1 of this Code, and as regu-
lated by Section 1060.9.1 of said Code. (Added by
Ord. 241-77, App. 6/17/77)

SEC. 1072.40. LICENSE FEES.

Every permittee who conducts or assists in
conducting or permitting any Encounter Studio
as defined herein shall pay to the Tax Collector
an annual license fee payable in advance. The
license fee prescribed in this Section is due and
payable on a calendar year basis starting 45 days
after the effective date of this Article prorated
with regard to the calendar year on a monthly
basis. Fees for new licenses issued after the first
day of January, 1974 or in any subsequent cal-
endar year shall be prorated with regard to the
calendar year on a monthly basis. (Amended by
Ord. 555-81, App. 11/12/81)

SEC. 1072.40-1. EMPLOYEE LICENSE.

Every person engaged as an employee of an
Encounter Studio who requires a permit from
the Police Department pursuant to the provi-
sions of Section 1072.3 of this Article shall pay
an annual license fee. (Added by Ord. 555-81,
App. 11/12/81)

SEC. 1072.41. TRANSFER OR
ASSIGNMENT OF PERMIT.

No permit shall be transferable or assignable
except with the written consent of the Chief of
Police. An application for such a transfer shall be
in writing and shall be accompanied by the same
filing fee as for an initial application. The writ-
ten application for such transfer shall contain
the same information as requested herein for
initial application for such a permit. (Amended
by Ord. 555-81, App. 11/12/81)

661

Encounter Studios

Sec. 1072.45.

SEC. 1072.42. PENALTY, MISDEMEANOR
OR INFRACTION.

Any person who violates any provisions of
this Article shall be deemed guilty of a misde-
meanor or an infraction.

(a) If charged as an infraction the penalty,
upon conviction of such person, shall be by a fine
not exceeding $500;

(c) The complaint charging such violation
shall specify whether the violation charged is a
misdemeanor or an infraction. Such charging
decisions shall be at the sole discretion of the
District Attorney;

(d) Nothing herein shall prohibit the Dis-
trict Attorney from exercising the sole discretion
vested in him by law to charge an operator,
employee, or any other person associated with an
Encounter Studio with violating this or any
other local or state law. (Added by Ord. 241-77,
App. 6/17/77)

1072.2, 1072.3, 1072.4, 1072.5, and 1072.6 pro-
vide. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.45. SEVERABILITY.

If any section, subsection, subdivision, para-
graph, sentence, clause or phrase of this Article,
or application thereof to any person or circum-
stances, is for any reason held to be unconstitu-
tional or invalid or ineffective by any court of
competent jurisdiction, such decision shall not
affect the validity or effectiveness of the remain-
ing portions of this Article or any part thereof.
The Board of Supervisors hereby declares that it
would have passed such section, subsection, sub-
division, paragraph, sentence, clause or phrase
thereof, irrespective of the fact that any one or
more sections, subsections, subdivisions, para-
graphs, sentences, clauses or phrases be de-
clared unconstitutional or invalid or ineffective.
(Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.43. PENALTY LIMITED
SUSPENSION OR REVOCATION.

Any permit issued under the terms of this
Article may be suspended for a period of 30 days
by the Chief of Police if the Chief of Police deems
after a noticed hearing, that violation of the
regulations or any provisions of the Municipal
Code has occurred. A permit may be revoked for
such violations as set forth in Section 1072.16,
above. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.44. TIME LIMIT FOR
OBTAINING PERMIT.

All premises required to obtain a permit and
license pursuant to this Article must obtain a
permit within 45 days of the effective date of this
Article; failure to do so shall make continued
operation of said Encounter Studio a violation of
Section 1072.42 hereof. Permits must be ob-
tained from the Police Department as Sections

Sec. 1072.45. San Francisco - Police Code 662

[The next page is 683]

ARTICLE 15.5: NUDE MODELS IN PUBLIC PHOTOGRAPHY STUDIOS

Sec. 1073

Sec. 1073,

Sec. 1073.

1.
.2.
.2.1
.3.
.3.1

.4.1

Sec. 1073.10

Sec. 1073
Sec. 1073.

Sec. 1073.12

Sec. 1073.

Definition.
Permit Required.
Employee Permit Required.
Filing and Fee Provision.
Employee Permit — Application
to Chief of Police.
Application For Public
Photography Studio.
Application For Employee of a
Public Photography Studio.
Corporate Applicants:
Exemption.
Corporate Permittee:
Maintenance of Stock Register;
Report.

Verification of Application.
Notice of Hearing.

Referral of Application to Other

Departments.

Issuance of Permit For a Public

Photography Studio.
10.1. Issuance of Employee Permit.
11. Revocation or Suspension of

Permit.

Employment of Persons Under

the Age of Eighteen Prohibited.

Sale or Transfer.

Name and Place of Business —

Change of Location.

Display of Permit.

Inspection.

License Fees.
Employee License.

13.
14.

15.

16.

17.

17.1

18.

19.

20.

21.

22.

23.

Transfer of Permit.

Prohibition.

Solicitation of Trade.

Lighting.

Booths and Cubicles.

Employment or Payment Not

Necessary for Offense.

Sec. 1073.24.

Sec. 1073.25.

Sec. 1073.26.

Sec. 1073.27.

Sec. 1073.28.

Sec. 1073.29.

Sec. 1073.30.

Sec. 1073.31.

Sec. 1073.32.

Sec. 1073.33.

Sec. 1073.34.

Signs Regulated.

Signs Continued.

Visibility From the Street.

Advertising.

Counseling or Assisting.

Exemptions.

Exemptions Continued.

Penalty.

Time Limit for Obtaining

Permit.

Limited Suspension.

Severability.

SEC. 1073.1. DEFINITION.

For the purpose of this Article, the following
words and phrases shall mean and include:

(a) Theater. A building, playhouse, room,
hall or other place having a permanent stage
upon which movable scenery is or may be placed
and upon which theatrical or vaudeville or simi-
lar performances are given, with permanently
affixed seats so arranged in proximity to such
stage that a body of spectators may have an
unobstructed view of said stage, the primary
function of which is to serve as the locale of such
performances.

(b) Public Photography Studio. An es-
tablishment to which patrons or members are
invited or allowed to photograph or purportedly
photograph or graphically reproduce in any man-
ner persons or models.

(c) Entertainment. Any act, play, review,
pantomime, scene, dance act, song, song and
dance act, poetry recitation, reading, style show
or modeling for photographing or graphic repro-
duction by any means whatsoever within a pub-
lic photography studio as defined herein.

(d) Person. An individual, firm, partner-
ship, joint adventure, association, social club,
fraternal organization, joint stock company, cor-
poration, estate, trust, business trust, receiver,

683

Sec. 1073.1.

San Francisco - Police Code

684

trustee, syndicate, or any other group or combi-
nation acting as a unit, excepting the United
States of America, the State of California, and
any political subdivision of either thereof.

(e) Operator. Any person operating a Pub-
lic Photography Studio, including but not limited
to the owner or proprietor of the premises upon
which it is located, and the lessee, sublessee, or
mortgagee in possession.

(f) Bona Fide Nonprofit Clubs or Orga-
nizations. Any fraternal, charitable, religious or
benevolent, or any other nonprofit organization
having a regular membership association prima-
rily for mutual social, mental, political and civic
welfare, to which admission is limited to mem-
bers and guests and revenue accruing therefrom
to be used exclusively for the benevolent pur-
poses of said organization and which organiza-
tion or agency is exempt from taxation under the
Internal Revenue Laws of the United States as a
bona fide fraternal, charitable, religious, benevo-
lent or nonprofit organization.

(g) Entertainer. An entertainer is any per-
son who performs any act enumerated in Section
1073.1(c) of this Article for any compensation
whatsoever.

(h) Employee. Any and all persons who
render any service whatsoever to the patrons or
customers of a Public Photography Studio and
who receive compensation for such service. (Added
by Ord. 428-74, App. 9/5/74)

SEC. 1073.2. PERMIT REQUIRED.

It shall be unlawful for any person to engage
in, conduct or carry on, or permit to be engaged
in, conducted or carried on in any premises in the
City and County of San Francisco, the operation
of a Public Photography Studio as defined herein,
without first obtaining a permit from the Police
Department. (Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.2.1. EMPLOYEE PERMIT
REQUIRED.

It shall be unlawful for any person, as de-
fined in Section 1073.1(h), to perform any service
for a customer of a Public Photography Studio

without first securing a permit from the Chief of
Police. (Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.3. FILING AND FEE
PROVISION.

Every applicant desiring a permit to main-
tain, operate or conduct a Public Photography
Studio shall file an application with the Chief of
Police upon a form provided by said Chief of
Police and pay a filing fee which shall not be
refundable. (Amended by Ord. 555-81, App. 11/
12/81)

SEC. 1073.3.1. EMPLOYEE PERMIT-
APPLICATION TO CHIEF OF POLICE.

Every applicant for an Employee Permit for a
Public Photography Studio shall file an applica-
tion with the Chief of Police on a form provided
by said Chief of Police and pay a filing fee which
shall not be refundable. Said applicant shall file
for a permit within 30 days of the effective date
of this Article. (Amended by Ord. 555-81, App.
11/12/81)

SEC. 1073.4. APPLICATION FOR
PUBLIC PHOTOGRAPHY STUDIO.

The application for a permit to operate a
Public Photography Studio shall set forth the
proposed place of business and facilities therefor
and the name and address of each applicant.

In addition to the foregoing, any applicant for
a permit shall furnish the following information:

(a) The two previous addresses immedi-
ately prior to the present address of the appli-
cant.

(b) Written proof that the applicant is at
least 18 years of age.

(d) Two portrait photographs at least 2" by
2".

(e) Business, occupation, or employment of
the applicant for the three years immediately
preceding the date of application.

(f) All criminal convictions except minor
traffic violations.

685

Nude Models in Public Photography Studios

Sec. 1073.6.

(g) Such other identification and informa-
tion necessary to discover the truth and the
matters hereinbefore specified as required to be
set forth in the application.

(h) Nothing contained herein shall be con-
strued to deny to the Chief of Police the right to
take fingerprints and additional photographs of
the applicant, nor shall anything contained herein
be construed to deny the right of said Chief of
Police to confirm the height and weight of the
applicant.

(i) If the applicant is a corporation, the
name of the corporation shall be set forth exactly
as shown in its articles of incorporation together
with the names and residence addresses of each
of the officers, directors, and each stockholder
holding more than 10 percent of the stock of the
corporation. If the applicant is a partnership, the
applicant 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 per-
taining to a corporate applicant apply. (Added by
Ord. 428-74, App. 9/5/74)

SEC. 1073.4.1. APPLICATION FOR
EMPLOYEE OF A PUBLIC
PHOTOGRAPHY STUDIO.

The employee of a Public Photography Studio
filing for a permit shall furnish the following
information:

(a) Name.

(b) Residence address.

(d) Two previous addresses immediately prior
to the present address of the applicant.

(e) Applicant's weight, height, color of eyes
and hair.

(f) Written proof that applicant is at least
18 years of age.

(g) Two portrait photographs at least 2" x
2".

(h) Previous employment of the applicant
for three years immediately preceding the date
of application.

(i) All criminal convictions except minor traf-
fic violations.

(j) Such other identification and informa-
tion necessary to discover the truth of the mat-
ters hereinbefore specified.

(k) Nothing contained herein shall be con-
strued to deny the Chief of Police the right to
take the fingerprints and additional photo-
graphs of the applicant, nor shall anything con-
tained herein be construed to deny the right of
said Chief of Police to confirm the height and
weight of the applicant. (Added by Ord. 428-74,
App. 9/5/74)

SEC. 1073.5. CORPORATE APPLICANTS:
EXEMPTION.

The provisions of Section 1073.4(a), (b), (c),
(d), (e) and (f) entitled "Application for Public
Photography Studio" 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
the City of New York, State of New York.

(2) A bank, trust company, financial institu-
tion or title 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. 428-74,
App. 9/5/74)

SEC. 1073.6. CORPORATE PERMITTEE:
MAINTENANCE OF STOCK REGISTER;
REPORT.

(A) Any corporation holding a permit under
this Article shall maintain a stock register at the
principal office of the corporation in San Fran-
cisco and the stock register shall be available to
the Police Department for inspection. Such cor-
poration shall report to the department in writ-
ing any of the following:

(1) Issuance or transfer of any shares of
stock to any person where the issuance or trans-
fer results in the person owning 10 percent or
more of the corporate stock.

Sec. 1073.6.

San Francisco - Police Code

686

(2) Change in any of the corporate officers
which are required by Section 821 of the Corpo-
rations Code.

(3) Change of the members of its Board of
Directors.

The report shall be filed with the Police
Department within 30 days after the issuance or
transfer of corporate stock, change in corporate
officers, or change in members of the Board of
Directors, as the case may be.

(B) The provisions of this Section shall not
apply to any of the following:

(1) A corporation, the stock of which is listed
on a stock exchange in this state or in the City of
New York, State of New York.

(2) A bank, trust company, financial institu-
tion or title company to which a permit 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. 428-74,
App. 9/5/79)

SEC. 1073.7. VERIFICATION OF
APPLICATION.

Every application for a permit under this
Article shall be verified as provided in the Cali-
fornia Code of Civil Procedure for the verification
of pleadings. (Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.8. NOTICE OF HEARING.

When an application is filed for a permit
under this Article, the Chief of Police shall fix a
time and place for a public hearing thereon. 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
Public Photography Studio is to be operated.
Such posting of notice shall be carried out by the
Chief of Police, and the applicant shall maintain
said notice as posted for the required number of
days. (Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.9. REFERRAL OF
APPLICATION TO OTHER
DEPARTMENTS.

The Chief of Police, upon receiving an appli-
cation for a Public Photography Studio permit,
shall refer the application to the Bureau of
Building Inspection, the Fire Department, and
the City Planning Department, which depart-
ments shall inspect the premises proposed to be
operated as a Public Photography Studio and
shall make written recommendations to the Chief
of Police concerning compliance with the codes
that they administer. (Added by Ord. 428-74,
App. 9/5/74)

SEC. 1073.10. ISSUANCE OF PERMIT
FOR A PUBLIC PHOTOGRAPHY STUDIO.

The Chief of Police may issue a permit within
14 days following a hearing if all requirements
for a Public Photography Studio described in this
Article are met and may issue a permit to all
persons who apply to perform Public Photogra-
phy Studio services unless he finds:

(1) That the operation as proposed by the
applicant if permitted would not have complied
with all applicable laws, including but not lim-
ited to the Building, City Planning, Housing and
Fire Codes of the City and County of San Fran-
cisco or regulations adopted by the Chief of
Police.

(2) That the applicant and any other person
who will be directly engaged in the management
and operation of a Public Photography Studio
has been convicted of any of the following of-
fenses or convicted of an offense without the
State of California that would have constituted
any of the following offenses if committed within
the State of California:

(a) An offense involving conduct which re-
quires registration pursuant to Section 290 of
the Penal Code;

(b) An offense involving the use of force and
violence upon the person of another that amounts
to a felony;

687

Nude Models in Public Photography Studios

Sec. 1073.13.

(d) An offense as defined in Sections 311,
647(a), 647a, 647b, 315, 316 or 318 of the Penal
Code of the State of California.

The Chief of Police may refuse to issue any
permit if it shall appear that the character of the
business is not a proper or suitable place in
which to conduct or maintain such business or
calling or the applicant requesting such permit
does not warrant the issuance thereof.

The Chief of Police may issue a permit to any
person convicted of any of the crimes described
in Subsections (a), (b), (c) or (d) of this Section if
he finds that such conviction occurred at least
five years prior to the date of the application and
the applicant has had no subsequent felony con-
victions of any nature and no subsequent misde-
meanor convictions for crimes mentioned in this
Section. (Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.10.1. ISSUANCE OF
EMPLOYEE PERMIT.

The Chief of Police may issue a permit within
14 days following a hearing unless he finds that
the applicant has been convicted of any of the
following offenses or if convicted of an offense
without the State of California that would have
constituted any of the following offenses if com-
mitted within the State of California:

(a) An offense involving conduct which re-
quires registration pursuant to Section 290 of
the Penal Code.

(b) An offense involving the use of force and
violence on the person of another that amounts
to a felony.

(d) An offense as defined in Section 311,
647(a), 647a, 647b, 315, 316 or 318 of the Penal
Code of the State of California.

The Chief of Police may refuse to issue any
permit if it shall appear that the character of the
applicant does not warrant the issuance thereof.

The Chief of Police may issue a permit to any
person convicted of any of the crimes enumer-
ated in Subsections (a), (b), (c), or (d) of this
Section if he finds that such conviction occurred
at least five years prior to the date of the appli-

cation and the applicant has had no subsequent
felony convictions of any nature and no subse-
quent misdemeanor convictions for crimes men-
tioned in this Section. (Added by Ord. 428-74,
App. 9/5/74)

SEC. 1073.11. REVOCATION OR
SUSPENSION OF PERMIT.

Any permit issued for a Public Photography
Studio or employee may be revoked or suspended
by the Chief of Police, after a hearing, for good
cause, or in any case where any of the provisions
of this Article are violated or where any em-
ployee of the permittee is engaged in any conduct
which violates any of the state or local laws or
ordinances at permittee's place of business and
the permittee has actual or constructive knowl-
edge of such violations, or in any case where the
permittee or licensee refuses to permit any duly
authorized Police Officer of the City and County
of San Francisco to inspect the premises or the
operations therein. (Added by Ord. 428-74, App.
9/5/74)

SEC. 1073.12. EMPLOYMENT OF
PERSONS UNDER THE AGE OF
EIGHTEEN PROHIBITED.

It shall be unlawful for any owner, proprietor,
manager or other person in charge of any Public
Photography Studio to employ any person who is
not at least 18 years of age. (Added by Ord.
428-74, App. 9/5/74)

SEC. 1073.13. SALE OR TRANSFER.

Upon sale, transfer or relocation of a Public
Photography Studio, the permit and license there-
for shall be null and void unless approved as
provided in Section 1073.18 herein; provided,
however, that upon the death or incapacity of the
permittee the Public Photograph}^ Studio may
continue in business for a reasonable period of
time to allow for an orderly transfer of the
permit.

Sec. 1073.13.

San Francisco - Police Code

688

1073.18 herein; provided, however, that the pro-
vision shall not apply to a permittee corporation,
the stock of which is listed on a stock exchange in
this state or in the City of New York, State of
New York, or which is required by law to file
periodic reports with the Securities and Ex-
change Commission unless approved in Section
1073.18 herein. (Added by Ord. 428-74, App.
9/5/74)

SEC. 1073.14. NAME AND PLACE OF
BUSINESS— CHANGE OF LOCATION.

SEC. 1073.15. DISPLAY OF PERMIT.

Every person to whom or for whom a permit
shall have been granted pursuant to the provi-
sions of this article shall display said permit in a
conspicuous place within the Public Photogra-
phy Studio so that the same may be readily seen
by persons entering the premises. (Added by
Ord. 428-74, App. 9/5/74)

SEC. 1073.16. INSPECTION.

The Police Department shall, from time to
time and at least twice a year, make an inspec-
tion of each Public Photography Studio in the
City and County of San Francisco for the pur-
poses of determining that the provisions of this
Article are complied with. (Added by Ord. 428-
74, App. 9/5/74)

SEC. 1073.17. LICENSE FEES.

Every permittee who conducts or assists in
conducting or permitting any Public Photogra-
phy Studio as defined herein shall pay to the Tax
Collector an annual license fee, payable in ad-
vance. The license fee prescribed in this Section
is due and payable on a calendar year basis
starting 45 days after the effective date of this
Article prorated with regard to the calendar year
on a monthly basis. Fees for new licenses issued
after the first day of January, 1975, or in any
subsequent calendar year shall be prorated with

regard to the calendar year on a monthly basis.
(Amended by Ord. 555-81, App. 11/12/81)

SEC. 1073.17.1. EMPLOYEE LICENSE.

Every person engaged as an employee of a
public photography studio who requires a permit
from the Police Department pursuant to the
provisions of Section 1073.2.1 of this Article shall
pay an annual license fee. (Added by Ord. 555-
81, App. 11/12/81)

SEC. 1073.18. TRANSFER OF PERMIT.

No permit shall be transferable except with
the written consent of the Chief of Police. An
application for such a transfer shall be in writing
and shall be accompanied by the same filing fee
as for an initial application. The written appli-
cation for such transfer shall contain the same
information as requested herein for initial appli-
cation for such a permit. (Amended by Ord.
555-81, App. 11/12/81)

SEC. 1073.19. PROHIBITION.

Every person is guilty of a misdemeanor who,
while acting as an entertainer in a Public Pho-
tography Studio as defined herein:

(a) Exposes his or her genitals, pubic hair,
buttocks, natal cleft, perineum, anal region or
pubic hair region; or

(b) Exposes or employs any device, costume
or cover which gives the appearance of or simu-
lates the genitals, pubic hair, buttocks, natal
cleft, perineum, anal region or pubic hair region;
or

(d) Employs any device or covering which is
intended to simulate such portion of the breast.
(Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.20. SOLICITATION OF
TRADE.

No operator or employee of a Public Photog-
raphy Studio shall permit or allow or cause any
person or employee to solicit trade on the public
sidewalk at or near the entrance to the Public

689

Nude Models in Public Photography Studios

Sec. 1073.29.

Photography Studio or shall engage in such
activity. (Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.21. LIGHTING.

Every Public Photography Studio shall be
lighted throughout to an intensity of at least 12
foot candles during all hours of operation. (Added
by Ord. 428-74, App. 9/5/74)

SEC. 1073.22. BOOTHS AND CUBICLES.

It shall be unlawful for any operator of a
Public Photography Studio to maintain or con-
struct any booth, cubicle, room or rooms, com-
partment or stall that is so arranged that the
entire interior portion of same is not visible from
the exterior of the booth, cubicle, room or rooms,
compartment or stall. No booth, cubicle, room,
compartment or stall shall be so maintained or
constructed so that the entrance to same may be
blocked by a door or curtain or similar device.
(Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.23. EMPLOYMENT OR
PAYMENT NOT NECESSARY FOR
OFFENSE.

A person shall be deemed to be an enter-
tainer if such person acts in that capacity with-
out regard to whether or not such person is paid
any compensation by the management of the
establishment in which the activity is performed.
(Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.24. SIGNS REGULATED.

No sign or signs which, in whole or in part,
advertise any Public Photography Studio and
which sign or signs use the words "nude", "top-
less", "bottomless", "naked", or words of like
import, shall be maintained, erected, used or
placed upon or adjacent to the outside of any
building where it is visible from public streets or
from adjacent buildings and premises, the pur-
pose of which sign is intended to attract, lure or
entice customers. (Added by Ord. 428-74, App.
9/5/74)

SEC. 1073.25. SIGNS CONTINUED.

No sign or signs, paintings, photographs,
pictorial representations, or any other visual

means shall be maintained, erected, used or
placed upon or adjacent to the outside of any
building, or in connection with any premises
therein, if it shows, reveals or depicts, in whole
or in part, the following:

(1) The actual or simulated displaying of
the pubic hair, anus, vagina, penis, vulva, but-
tocks, or any other genitalia of the human body;

(2) Any portion of the nude female breast
below the top of the areola. (Added by Ord.
428-74, App. 9/5/74)

SEC. 1073.26. VISIBILITY FROM THE
STREET.

No operator of a Public Photography Studio
shall permit or cause to be permitted or allow
any entertainment as defined in this Article in
such a manner that said entertainment would be
visible at any time from the street, sidewalk or
highway. (Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.27. ADVERTISING.

No operator of a Public Photography Studio
shall place or cause to be placed or distribute or
cause to be distributed any advertising bro-
chures, pamphlets, handbills, posters, announce-
ments, or the like, that depict the human form or
portions thereof, or contain such wording in such
a manner that such depictions of the human
form or portions thereof or words would violate
Section 1073.19 of this Article if such pictorial
representation were on a sign upon or adjacent
to a Public Photography Studio. (Added by Ord.
428-74, App. 9/5/74)

SEC. 1073.28. COUNSELING OR
ASSISTING.

Every person is guilty of a misdemeanor who
permits, counsels or assists any person to violate
any provision of this Article. (Added by Ord.
428-74, App. 9/5/74)

SEC. 1073.29. EXEMPTIONS.

The provisions of Section 1073.2 relating to
requirement for a permit shall not apply to a
Public Photography Studio operated by any pub-
lic agency or by any educational or social agency,

Sec. 1073.29.

San Francisco - Police Code

690

or any bona fide charitable organization as de-
fined in Section 1073.1(f) herein. (Added by Ord.
428-74, App. 9/5/74)

SEC. 1073.30. EXEMPTIONS
CONTINUED.

This Article shall not apply to any of the
following:

(a) A school or institute approved by the
Superintendent of Public Instruction pursuant
to the provisions of Section 29007.5 of the Edu-
cation Code of the State of California.

(b) A theater, concert hall or similar estab-
lishment which is primarily devoted to theatrical
performances.

(d) Entertainment as defined in Section
1060(e) of Article 15.1 of this Code and as regu-
lated by Section 1060.9.1 of said Code. (Added by
Ord. 428-74, App. 9/5/74)

SEC. 1073.31. PENALTY.

A violation of this article is punishable by a
fine not exceeding $500 or by imprisonment in
the County Jail for not exceeding six months, or
by both such fine and imprisonment. (Added by
Ord. 428-74, App. 9/5/74)

SEC. 1073.32. TIME LIMIT FOR
OBTAINING PERMIT.

All premises required to obtain a permit and
license pursuant to this Article must obtain a
permit within 45 days of the effective date of this
Article; failure so to do shall make continued
operation of said Public Photography Studio a
violation of Section 1073.31 hereof. Permits must
be obtained from the Police Department as Sec-
tions 1073.2, 1073.3 and 1073.4 hereof provide.
(Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.33. LIMITED SUSPENSION.

Any permit issued under the terms of this
Article may be suspended for a period of 30 days
by the Chief of Police if the Chief of Police deems
after the noticed hearing that violation of the

regulations or any provision of the Municipal
Code has occurred. (Added by Ord. 428-74, App.
9/5/74)

SEC. 1073.34. SEVERABILITY.

If any section, subsection, subdivision, para-
graph, sentence, clause or phrase of this Article,
or application thereof to any person or circum-
stances, is for any reason held to be unconstitu-
tional or invalid or ineffective by any court of
competent jurisdiction, such decision shall not
affect the validity or effectiveness of the remain-
ing portions of this Article or any part thereof.
The Board of Supervisors hereby declares that it
would have passed each section, subsection, sub-
division, paragraph, sentence, clause or phrase
thereof, irrespective of the fact that any one or
more sections, subsections, subdivisions, para-
graphs, sentences, clauses or phrases be de-
clared unconstitutional or invalid or ineffective.
(Added by Ord. 428-74, App. 9/5/74)

[The next page is 711]

ARTICLE 15.6: ESCORT SERVICES

Sec. 1074.1.

Sec. 1074.2.

Sec. 1074.3.

Sec. 1074.4.

Sec. 1074.5.

Sec. 1074.6.

Sec. 1074.7.

Sec. 1074.8.

Sec. 1074.9.

Sec. 1074.10.

Sec. 1074.11.

Sec. 1074.12.

Sec. 1074.13.

Sec. 1074.14.

Sec. 1074.15.

Sec. 1074.16.

Sec. 1074.17.

Sec. 1074.18.

Sec. 1074.19.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1074.20.
1074.21.
1074.22.
1074.23.
1074.24.
1074.25.

Sec. 1074.26.
Sec. 1074.27.

Definitions.

Permit Required.

Filing Fee.

Application For Escort Service

Permit.

Employee Permit Required.

Employee Permit.

Application For Employee of an

Escort Service.

Verification of Application.

Corporate Applicants;

Exemption.

Corporate Permittee;

Maintenance of Stock Register;

Report.

Notice of Hearing.

Issuance of Permit For an

Escort Service.

Applications Barred For One

Year.

Issuance of Employee Permits.

Revocation or Suspension of

Permit.

Employment of Persons Under

The Age of 18 Prohibited.

Age of Customer.

Sale or Transfer.

Name and Place of Business —

Change of Location.

Inspection.

Daily Register.

Prohibited Activities.

Counseling or Assisting.

License Fees.

Transfer or Assignment of

Permit.

Penalty; Misdemeanor or

Infraction.

Time Limit For Obtaining

Permit.

Sec. 1074.28.
Sec. 1074.29.

Rules and Regulations.
Severability.

SEC. 1074.1. DEFINITIONS.

For the purpose of this Article, the following
words and phrases shall mean and include:

(a) Escort Service. -Any business, agency
or person who, for a fee, commission, hire, re-
ward or profit, furnishes or offers to furnish
names of persons, or who introduces, furnishes
or arranges for persons, who may accompany
other persons to or about social affairs, entertain-
ments or places of amusement, or who may
consort with others about any place of public
resort or within any private quarters. Excluded
from this definition are any businesses, agencies
or persons which provide escort services for older
persons as defined in California Welfare and
Institutions Code Section 9406, when such ser-
vices are provided as part of a social welfare and
health program for such older persons.

(b) Escort. Any person who, for a fee, com-
mission, hire, reward or profit, accompanies other
persons to or about social affairs, entertainments
or places of amusement or consorts with others
about any place of public resort or within any
private quarters. Excluded from this definition
are any persons employed by any business, agency
or person excluded from the definition of "escort
service" above.

(c) Person. An individual, firm, partner-
ship, joint venture, association, social club, fra-
ternal organization, joint stock company, corpo-
ration, estate, trust, business trust, receiver,
trustee, syndicate, or any other group or combi-
nation acting as a unit, excepting the United
States of America, the State of California, and
any political subdivision thereof.

(d) Operator. Any person operating an es-
cort service, including but not limited to the
owner or proprietor of the premises upon which
it is located, and the lessee, sublessee, or mort-
gagee in possession.

711

Sec. 1074.1.

San Francisco - Police Code

712

(e) Employee. Any and all persons who
work in or about or render any services whatso-
ever to the patrons or customers of an Escort
Service and who receive compensation for such
service. (Added by Ord. 323-81, App. 6/19/81)

SEC. 1074.2. PERMIT REQUIRED.

It shall be unlawful for any person to engage
in, conduct or carry on, or to permit to be
engaged in, conducted or carried on in the City
and County of San Francisco, the operation of an
escort service as herein defined, without first
having obtained a permit from the Police Depart-
ment. (Added by Ord. 323-81, App. 6/19/81)

SEC. 1074.3. FILING FEE.

Every person desiring a permit to maintain,
operate or conduct an escort service shall file an
application with the Chief of Police upon a form
provided by said Chief of Police and pay a filing
fee which shall not be refundable. Each such
person shall pay an additional fee of $500 which
shall be used by the Chief of Police to investigate
said person's application as provided herein. Any
unused portion of such additional fee shall be
returned to the applicant at the conclusion of the
hearing on his application. (Amended by Ord.
555-81, App. 11/12/81)

SEC. 1074.4. APPLICATION FOR
ESCORT SERVICE PERMIT.

The application for a permit to operate an
escort service shall set forth the proposed place
of business and facilities therefor and the name
and present address of each applicant.

In addition to the foregoing, any applicant for
a permit shall furnish the following information
or documents about the applicant if he is an
individual, about each director and officer if it is
a corporation, about each partner if it is a part-
nership, or about each member if it is some other
organization as listed in Section 1074.1(c):

(a) The present address and the two previ-
ous addresses immediately prior to the present
address;

(b) Written proof that each person is at
least 18 years of age;

(d) Three portrait photographs at least 2inch;
x 2";

(e) Business occupation, or employment for
the three years immediately preceding the date
of application;

(f) A listing of all criminal convictions ex-
cept minor traffic violations including date and
place of each such conviction;

(g) If the applicant is a corporation, the
name of the corporation exactly as shown in its
articles of incorporation together with the names
and residence addresses of each stockholder hold-
ing more than 10 percent of the stock or benefi-
cial ownership of the corporation. (If one or more
of the partners of applicant is a corporation,
these provisions apply to corporate applicant);

(h) Whether applicant or each person of
whom the above information is required or any
other person who will be directly engaged in the
management or operation of the Escort Service
has been previously granted permits or licenses
to engage in a business or occupation by the
State of California or by the City and County of
San Francisco, or a license or permit issued by
the Alcoholic Beverage Control Commission, any
of which permits or licenses has/have been re-
voked by the granting authority because of vio-
lation of law or violation of rules promulgated by
the regulating agency. (The Chief of Police shall
not take into account such revocation if such
revocation occurred at least three years prior to
the date of the application); and

(i) Such other identification and informa-
tion necessary to discover the truth of the mat-
ters hereinbefore specified as required to be set
forth in the application.

Nothing contained herein shall be construed
to deny to the Chief of Police the right to take the
fingerprints and additional photographs of the
applicant, its officers, directors, or partners nor
shall anything contained herein be construed to
deny the right of said Chief of Police to confirm,
by independent investigation, the truth and ac-
curacy of the above information. (Added by Ord.
323-81, App. 6/19/81)

713

Escort Services

Sec. 1074.10.

SEC. 1074.5. EMPLOYEE PERMIT
REQUIRED.

It shall be unlawful for any escort or other
employee to work in or about an escort service in
the City and County of San Francisco or to
perform any services in the City and County of
San Francisco for a customer of an escort service
wherever located without first securing a permit
from the Chief of Police. (Added by Ord. 323-81,
App. 6/19/81)

SEC. 1074.6. EMPLOYEE PERMIT.

Every person desiring an employee permit
shall file an application with the Chief of Police
on a form provided by said Chief of Police and
pay a filing fee which shall not be refundable and
shall pay to the Tax Collector a license fee
annually, payable in advance. Every person now
working as an escort or employee shall file for a
permit within 30 days of the effective date of this
Article. (Amended by Ord. 555-81, App. 11/12/81)

SEC. 1074.7. APPLICATION FOR
EMPLOYEE OF AN ESCORT SERVICE.

The employee of an escort service filing for a
permit shall furnish the following information:

(a) Name;

(b) Residence address;

(d) Two previous addresses immediately prior
to the present address of the employee;

(e) Weight, height, color of eye and hair;

(f) Written proof that employee is at least
18 years of age;

(g) Three portrait photographs of at least 2"
x 2";

(h) Previous employment of the employee
for three years immediately preceding the date
of application;

(i) All criminal convictions except minor traf-
fic violations including date and place of each
such conviction;

(j) Such other identification and informa-
tion necessary to discover the truth of the mat-
ters hereinbefore specified; and

(k) Whether employee has been previously
granted permits or licenses to engage in a busi-
ness or occupation by the State of California or
the City and County of San Francisco, any of
which permits or licenses has/have been revoked
by the granting authority.

Nothing contained herein shall be construed
to deny the Chief of Police the right to take the
fingerprints and additional photographs of the
applicant, nor shall anything contained herein
be construed to deny the right of said Chief of
Police to confirm, by independent investigation,
the truth and accuracy of the above information.
(Added by Ord. 323-81, App. 6/19/81)

SEC. 1074.8. VERIFICATION OF
APPLICATION.

SEC. 1074.9. CORPORATE APPLICANTS;
EXEMPTION.

The provisions Subsections (a), (b), (c), (d), (e)
and (f) of the Section 1074.4 relating to require-
ments 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
the City of New York, State of New York;

(2) A bank, trust company, financial institu-
tion or title company to which application is
made or to whom a license is issued in a fiduciary
capacity; and

(3) A corporation which is required by law
to file periodic reports with the Securities and
Exchange Commission. (Added by Ord. 323-81,
App. 6/19/81)

SEC. 1074.10. CORPORATE PERMITTEE;
MAINTENANCE OF STOCK REGISTER;
REPORT.

A. Any corporation holding a permit under
this Article shall maintain a stock register at the
principal office of the corporation in San Fran-

Sec. 1074.10.

San Francisco - Police Code

714

cisco and the stock register shall be available to
the Police Department for inspection. Such cor-
poration shall report to the department in writ-
ing any of the following:

(1) Issuance or transfer of any shares of
stock or beneficial ownership thereof to any
person where the issuance or transfer results in
the person owning 10 percent or more of the
stock or beneficial ownership of the corporation.

(2) Changes of any of the corporate officers
required to be reported by Section 821 of the
California Corporations Code.

(3) Changes of the members of its Board of
Directors. The report shall be filed with the
Police Department within 30 days after the issu-
ance or transfer of corporate stock or beneficial
ownership thereof, changes of corporate officers,
or changes of members of the Board of Directors.

B. The provisions of this Section 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 institu-
tion or title company to which a permit is issued
in a fiduciary capacity; or

(3) A corporation which is required by law
to file periodic reports with the Securities and
Exchange Commission. (Added by Ord. 323-81,
App. 6/19/81)

SEC. 1074.11. NOTICE OF HEARING.

When an application is filed for a permit
under this Article, the Chief of Police shall fix a
time and place for a public hearing thereon
within 60 days from the date of 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
escort service is to be operated. Such posting of
notice shall be carried out by the Chief of Police
or his designee, and the applicant shall maintain
said notice as posted until the date of the hear-
ing. (Added by Ord. 323-81, App. 6/19/81)

SEC. 1074.12. ISSUANCE OF PERMIT
FOR AN ESCORT SERVICE.

The Chief of Police shall issue an escort
service permit within 14 days following the hear-
ing if all requirements for an escort service
described in this Article are met unless he finds:

(1) That the premises where the escort ser-
vice business will be conducted does not comply
with all applicable laws, including, but not lim-
ited to, the Building, City Planning, Housing and
Fire Codes of the City and County of San Fran-
cisco, and the rules and regulations adopted by
the Chief of Police pursuant to this Article;

(2) That the applicant or an officer, director
or partner thereof and any other person who will
be directly engaged in the management and
operation of an escort service has been convicted
of an offense within or without the State of
California that would have constituted any of the
following offenses if committed within the State
of California:

(a) An offense involving conduct which re-
quires registration pursuant to Section 290 of
the Penal Code;

(b) An offense involving the use of force and
violence upon the person of another:

(d) An offense as defined in Sections 311,
647(a), 647a, 647(b), 315, 316, 318, or 266 through
267 inclusive of the Penal Code of the State of
California; or

(3) That the applicant, an officer, director or
partner thereof or any other person who will be
directly engaged in the management and opera-
tion of the escort service has had a permit or
license to engage in a business or occupation
granted by the State of California or the City and
County of San Francisco or a license or permit
issued by the Alcohol Beverage Control Commis-
sion revoked by the granting authority.

The Chief of Police shall issue a permit to any
person convicted of any of the crimes described
in Subsections (2)(a), (2)(b), (2)(c), or (2)(d) of this
Section or subjected to a license or permit revo-
cation as described in Subsection (3) of this
Section if he finds that the termination of any

715

Escort Services

Sec. 1074.15.

disability resulting from such conviction or revo-
cation occurred at least three years prior to the
date of the application and the applicant, its
officers, directors and partners have had no
subsequent felony convictions of any nature, no
subsequent misdemeanor convictions for crimes
mentioned in this Section and no permit or
license revocations as mentioned in Subsection
(3) of this Section. (Added by Ord. 323-81, App.
6/19/81; amended by Ord. 217-87, App. 6/19/87)

SEC. 1074.13. APPLICATIONS BARRED
FOR ONE YEAR.

Whenever any application is filed for a per-
mit under this Article and said application has
been denied by the Chief of Police, or a permit
issued under this Article has been revoked, and
no appeal has been taken to the Board of Permit
Appeals or when any appeal from such denial or
revocation has been taken to the Board of Permit
Appeals and said Board has concurred in the
judgment or order of denial or revocation, said
application for said permit, or for a like permit
for the same location or by the same applicant
shall not be heard by the Chief of Police until the
expiration of one year from the date of the
previous denial or revocation of said permit or
application and there shall be no appeal to said
Board of Permit Appeals for failure or refusal to
hear any such application or appeal within said
one year period. For the purposes of this Section,
"same applicant" shall mean a corporation hav-
ing substantially the same shareholders as a
prior corporate applicant, or a partnership hav-
ing substantially the same membership as a
prior partnership applicant; furthermore, "same
applicant" shall mean any officer, director, share-
holder or partner of a prior corporate or partner-
ship applicant; provided, that when any permit
is denied by reason of definite existing conditions
which prevent the granting of said permit, and
said conditions are removed or remedied, the one
year's prohibition against reapplication will not
apply. (Added by Ord. 323-81, App. 6/19/81;
amended by Ord. 217-87, App. 6/19/87)

SEC. 1074.14. ISSUANCE OF EMPLOYEE
PERMITS.

The Chief of Police shall issue an employee
permit within 14 days following a hearing unless

he finds that the applicant has had a permit or
license to engage in a business or occupation
granted by the State of California or the City and
County of San Francisco or a permit or license
granted by the Alcoholic Beverage Control Com-
mission revoked by the granting authority or
that the applicant has been convicted of any of
the following offenses, or convicted of an offense
within or without the State which would have
constituted any of the following offenses if com-
mitted within the State of California:

(a) An offense involving conduct which re-
quires registration pursuant to Section 290 of
the Penal Code;

(b) An offense involving the use of force and
violence on the person of another;

(d) An offense as defined in Sections 311,
647(a), 647a, 647(b), 315, 316, 318 or 266 through
267, inclusive, of the Penal Code of the State of
California.

The Chief of Police shall issue a permit to any
person subjected to a revocation as described in
this Section or to any person convicted of any of
the crimes enumerated in Subsections (a), (b), (c)
or (d) of this Section if he finds that the termi-
nation of any disability resulting from such con-
viction or revocation occurred at least three
years prior to the date of the application and the
applicant has had no subsequent felony convic-
tions of any nature, no subsequent misdemeanor
convictions for crimes mentioned in this Section
and no subsequent permit revocation mentioned
in this Section. (Added by Ord. 323-81, App.
6/19/81)

SEC. 1074.15. REVOCATION OR
SUSPENSION OF PERMIT.

Any permit issued for an escort service or
employee may be revoked or suspended by the
Chief of Police after a hearing, in any case where
any of the provisions of this Article or local or
State law are violated or where any employee of
the permittee has engaged in any conduct which
violates any of the State or local laws or ordi-
nances at permittee's place of business, or in any

Sec. 1074.15.

San Francisco - Police Code

716

case where the permittee or licensee refuses to
permit any duly authorized police officer of the
City and County of San Francisco to inspect the
premises or the operations therein or when any
of the rules or regulations adopted by the Chief
of Police pursuant to this Article are violated.
(Added by Ord. 323-81, App. 6/19/81)

SEC. 1074.16. EMPLOYMENT OF
PERSONS UNDER THE AGE OF 18
PROHIBITED.

It shall be unlawful for any owner, proprietor,
manager or other person in charge of any escort
service to employ any person who is not at least
18 years of age. (Added by Ord. 323-81, App.
6/19/81)

SEC. 1047.17. AGE OF CUSTOMER.

It shall be unlawful for any owner, proprietor,
manager or other person in charge of an escort
service to allow any person under the age of 18
years to patronize an escort service as a cus-
tomer or patron. (Added by Ord. 323-81, App.
6/19/81)

SEC. 1074.18. SALE OR TRANSFER.

Upon sale, transfer or relocation of an escort
service, the permit and license therefor shall be
null and void unless approved as provided in
Section 1074.25 herein; provided, however, that
upon the death or incapacity of the permittee,
the escort service may continue in business for a
reasonable period of time to allow for an orderly
transfer of the permit.

If the permittee is a corporation, a transfer of
25 percent of the stock ownership of the permit-
tee will be deemed to be a sale or transfer and
the permit and license therefor shall be null and
void unless approved as provided in Section
1074.25 herein; provided, however, that the pro-
vision shall not apply to a permittee corporation,
the stock of which is listed on a stock exchange in
this State or in the City of New York, State of
New York, or which is required by law to file
periodic reports with the Security and Exchange
Commission. (Added by Ord. 323-81, App. 6/19/
81)

SEC. 1074.19. NAME AND PLACE OF
BUSINESS— CHANGE OF LOCATION.

SEC. 1074.20. INSPECTION.

The Police Department may, from time to
time during business hours, inspect each escort
service in the City and County of San Francisco
for the purposes of determining that there is
compliance with the provisions of this Article.
(Added by Ord. 323-81, App. 6/19/81; amended
by Ord. 217-87, App. 6/19/87)

SEC. 1074.21. DAILY REGISTER.

Every person who engages in, conducts, or
carries on the operation of an escort service shall
keep a daily register, approved as to form by the
Police Department, containing the following in-
formation:

(a) The identification of all employees em-
ployed by such establishment together with a
duplicate of each of said employees' employee
permit;

(b) The hours of employment of each em-
ployee for each day; and

(c) The names of all patrons, including true
full names, residential addresses, including street,
city and state, hours of employment of escort
service, name of escort or employee providing
escort services, location and place where escort
services took place, and fee charged.

Said daily register shall at all times during
business hours be subject to inspection by the
Police Department only for the limited purpose
of determining that said daily registers are being
maintained in compliance with the provisions of
this Section and shall be kept on file for one year
on the premises. Any evidence so obtained shall
not be admissible for any purpose other than
proof of compliance or noncompliance with this
Section. The Police Department and the Health
Department are authorized to inspect said daily
registers for other purposes or to obtain informa-

717

Escort Services

Sec. 1074.29.

tion therefrom only if they have first obtain a
warrant. (Added by Ord. 323-81, App. 6/19/81;
amended by Ord. 217-87, App. 6/19/87)

SEC. 1074.22. PROHIBITED ACTIVITIES.

No person who is a patron of an escort service
shall place or cause to be placed in the daily
register a false name or address. (Added by Ord.
323-81, App. 6/19/81; amended by Ord. 217-87,
App. 6/19/87)

SEC. 1074.23.
ASSISTING.

COUNSELING OR

No person shall permit, counsel or assist any
other person in the violation of any provision of
this Article. (Added by Ord. 323-81, App. 6/19/81)

SEC. 1074.24. LICENSE FEES.

Every permittee who conducts or assists in
conducting any escort service as defined herein
shall pay to the Tax Collector a license fee
annually, payable in advance. The license fee
prescribed in this Section is due and payable on
a calendar year basis starting 45 days after the
effective date of this Article prorated with regard
to the calendar year on a monthly basis. Fees for
new licenses issued after the first day of Janu-
ary, 1981, or in any subsequent calendar year
shall be prorated with regard to the calendar
year on a monthly basis. (Amended by Ord.
555-81, App. 11/12/81)

SEC. 1074.25. TRANSFER OR
ASSIGNMENT OF PERMIT.

No permit shall be transferred or assigned
except with the written consent of the Chief of
Police. An application for such a transfer shall be
in writing and shall be accompanied by the same
filing fee as for an initial application. The writ-
ten application for such transfer shall contain
the same information as required herein for an
initial application for such a permit. (Amended
Ord. 555-81, App. 11/12/81)

SEC. 1074.26. PENALTY-
MISDEMEANOR OR INFRACTION.

Any person who willfully violates any provi-
sion of this Article shall be deemed guilty of a
misdemeanor or an infraction.

(a) If charged as an infraction, the penalty
upon conviction of such person shall be a fine not
exceeding $500.

(b) If charged as a misdemeanor, the pen-
alty upon conviction of such person, shall be
imprisonment in the County Jail for a period not
to exceed six months or by a fine not exceeding
$1,000, or by both such fine and imprisonment.

(d) Nothing herein shall prohibit the Dis-
trict Attorney from exercising the discretion vested
in him by law to charge an operator, employee, or
any other person associated with an escort ser-
vice with violating this or any other local or state
law. (Added by Ord. 323-81, App. 6/19/81)

SEC. 1074.27. TIME LIMIT FOR
OBTAINING PERMIT.

All premises required to obtain a permit and
license pursuant to this Article must obtain a
permit within 60 days of the effective date of this
Article; failure to do so shall make continued
operation of said escort service a violation of
Section 1074.2 hereof. (Added by Ord. 323-81,
App. 6/19/81; amended by Ord. 217-87, App.
6/19/87)

SEC. 1074.28. RULES AND
REGULATIONS.

The Chief of Police may adopt rules and
regulations supplemental to this Article and not
in conflict therewith. (Added by Ord. 323-81,
App. 6/19/81; amended by Ord. 217-87, App.
6/19/87)

SEC. 1074.29. SEVERABILITY.

If any section, subsection, subdivision, para-
graph, sentence, clause or phrase of this Article,

Sec. 1074.29. San Francisco - Police Code 718

or application thereof to any person or circum-
stances, is for any reason held to be unconstitu-
tional or invalid or ineffective by any court of
competent jurisdiction, such decision shall not
affect the validity or effectiveness of the remain-
ing portions of this Article or any part thereof.
The Board of Supervisors hereby declares that it
would have passed such section, subsection, sub-
division, paragraph, sentence, clause or phrase
thereof, irrespective of the fact that any one or
more sections, subsections, subdivisions, para-
graphs, sentences, clauses or phrases be de-
clared unconstitutional or invalid or ineffective.
(Added by Ord. 323-81, App. 6/19/81; amended
by Ord. 217-87, App. 6/19/87)

[The next page is 729]

ARTICLE 16: REGULATIONS FOR MOTOR VEHICLES FOR HIRE

DIVISION I

PROVISIONS GOVERNING

ALL VEHICLES

Sec. 1075. Declaration of Policy.

Sec. 1076. Definitions.

Sec. 1077. Administration of This Article;

Authority to Issue Regulations.
Sec. 1078. Permit Required for Operation

of Motor Vehicles for Hire;

Exclusions.
Sec. 1079. Issuance of Permits;

Applications; Hearings.
Sec. 1080. Permit Applications.
Sec. 1081. Factors Considered in Issuing

Permits; Driving Requirements.
Sec. 1081.5. Driving Requirements for

Designated Taxi Company Key

Personnel.

Sec. 1082. Only Natural Persons Licensed;

One Permit Per Person;

Individual Permittees Only;

Exceptions.
Sec. 1083. Sale or Transfer of Corporate

Permittee; Corporate Records.
Sec. 1084. Permits a Privilege;

Nontransferability of Permits;

Notice Re Death of Permittee;

Lease of Permit Prohibited After

Permittee's Death.

Permit Fees.

Duration of Licenses, Etc.;

Existing Permits.

Enforcement Fund.

Medallions.

Drivers Permits.

Revocation of Permits.

Insurance Required.

Filing Insurance Policies or

Bond with Police Commission.
Sec. 1093. New Policy to be Furnished.

Sec.

1085

Sec.

1086

Sec.

1087

Sec.

1088

Sec.

1089,

Sec.

1090.

Sec.

1091,

Sec.

1092,

Sec. 1094. Provisions for Self-Insurers.
Sec. 1095. Information to be Filed with

Chief of Police.
Sec. 1096. Continuous Operation Required.
Sec. 1097. Safe, Clean Operation Required.
Sec. 1098. Smoking by Drivers Prohibited.
Sec. 1099. Sanitary Condition.
Sec. 1100. Brake Inspection.
Sec. 1101. Driving Recklessly or Under

Influence of Intoxicants

Prohibited.
Sec. 1102. Loading Regulated.
Sec. 1103. Posting Schedule of Rates.
Sec. 1105. Solicitation Prohibited.
Sec. 1107. Reports of Lost Property.
Sec. 1108. Public Stands.
Sec. 1109. Regulating Standing.
Sec. 1110. False Statements Prohibited.

DIVISION II
TAXICABS

Permits

Sec. 1120. Taxicab Permits.

Sec. 1121. Permit Applications; Driving

Experience Required.
Sec. 1122. Eligibility for Taxicab Permits.
Sec. 1123. Radio Dispatch Capability.
Sec. 1124. Lease of Taxicab Permit.
Sec. 1124.5. Employee Status for Drivers.
Sec. 1125. Taxicab Color Schemes;

Adoption; Permits; Changes.
Sec. 1126. Name on Vehicle.
Sec. 1127. Taxicab Dispatch Service

Permits.

Regulations Governing Operations

Sec. 1135. Rates for Taxicabs.
Sec. 1135.1. Gate Fees.

729

Supp. No. 14, February 2008

San Francisco - Police Code

730

Sec. 1135.2.

Sec. 1135.3.

Sec. 1136.

Sec. 1137.

Sec. 1137.5.

Sec. 1138.

Sec. 1139.

Sec. 1140.

Sec. 1141.

Sec. 1142.

Sec. 1143.

Sec. 1144.

Sec. 1145.

Sec. 1146.

Sec. 1147.

Sec. 1147.1.

Sec. 1147.2.

Sec. 1147.3.

Sec. 1147.4.

Sec. 1147.5.

Sec. 1147.6.

Sec. 1147.7.

Sec. 1147.8.

Sec. 1147.9.

Sec.
Sec.
Sec.

1148.

1148.1.

1148.2.

Sec. 1148.3.

Gate Fee Surcharge for Low

Emission Vehicles.

Reduced Emissions by

Company.

Rates for Baggage.

Review of Rates of Fare and

Cap on Gate Fees.

Increased Cost of Paratransit

Program.

Waybill.

Emergency Rates for Taxicabs.

Taximeters.

Disagreement as to Fare;

Receipt.

Refusal to Convey; Excessive

Charges.

Refusal to Convey; Refusal to

Obey Posted "No Smoking"

Sign.

Taximeter Operation.

Penalty for Refusal to Pay Fare.

Deduction for Time While

Disabled.

Purpose.

Driver Education.

Safety Equipment.

Review.

Compliance with Workers'

Compensation Requirements.

Limitation of Liability.

Penalties.

Ban on Tobacco Advertising.

Participation in Paratransit

Program.

Cab Pooling.

DIVISION IIA
RAMPED TAXIS

Permits.

Permit Applications.

Eligibility for Permit for

Ramped Taxi.

Additional Considerations for

Issuance of Permits.

Sec. 1148.4. Permit Operation.
Sec. 1148.5. Ramped Taxi Operations.
Sec. 1148.6. Use of Ramped Taxi Permit in
Spare Taxicab.

DIVISION III
JITNEY BUSES

Sec. 1150. Jitney Permits.

Sec. 1151. Approval of Routes Required.

Sec. 1152. Rates and Fares for Jitney

Buses.
Sec. 1153. Suspension of Operation.
Sec. 1154. Emergency Permits.

DIVISION IV

SIGHTSEEING AND

INTERURBAN BUSES

Sec. 1155. Sightseeing and Interurban Bus
Permits.

1156. Name on Vehicle.

1157. Temporary Sightseeing Bus
Permits.

Sec. 1158. Filing Routes and Fares for
Sightseeing Buses.

DIVISION V
MOTORIZED RICKSHAWS

Sec. 1160. Motorized Rickshaw Permits.
Sec. 1161. Rates for Motorized Rickshaws.

DIVISION VI
LIMOUSINES

Sec. 1165. Inspection of Limousine

Waybills.
Sec. 1166. Union Square Stands.

DIVISION VII
EMPLOYER'S BUS STANDS

Sec. 1170. Employer's Bus Stands.

Sec. 1171. Use of Employer's Bus Stands

Prohibited by Unauthorized

Vehicles; Penalty.

Sec.
Sec.

Supp. No. 14, February 2008

731

DIVISION VIII

RENTAL VEHICLES

Sec.

1175.

Businesses of Renting or
Leasing Motor Vehicles and/or
Trailers for a Period of 60 Days
or Less Without Driver or
Operator.

Sec.

1176.

Definitions.

Sec.

1177.

Permit Required.

Sec.

1178.

Records to be Kept; Contents.

Sec.

1179.

Driver's License Required.

Sec.

1180.

License Fees.

DIVISION IX
RESTRICTED AREAS

Sec. 1183. Operation of

Passenger-Carrying Commercial
Motor Vehicles Within Certain
Streets and Areas, Prohibited.

1183.1. Restricted Areas.

1183.2.1. Restricted Areas.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1183.3. Restricted Areas.

1183.4. Restricted Areas.

1183.5. Restricted Areas.

1183.6. Restricted Areas.

1183.7. Restricted Areas.

1183.8. Restricted Areas.

1183.9. Restricted Areas.

1183.10. Restricted Areas.

1183.11. Restricted Areas.

1183.12. Restricted Areas.

1183.13. Restricted Areas.

1183.14. Restricted Areas.

1183.15. Restricted Areas.

1183.16. Restricted Areas.

1183.17. Restricted Areas.

1183.18. Restricted Areas.

1183.19. Restricted Areas.

1183.20. Restricted Areas.

1183.21. Restricted Areas.

1183.22. Restricted Areas.

1183.23. Restricted Areas.

1183.24. Restricted Areas.

ehic]

les for Hire Sec. 1075

Sec.

1183.25.

Restricted Areas.

Sec.

1183.28.

Restricted Areas.

Sec.

1183.29.

Restricted Areas.

Sec.

1183.30.

Restricted Areas.

Sec.

1183.31.

Restricted Areas.

Sec.

1183.32.

Restricted Areas.

Sec.

1183.33.

Restricted Areas.

Sec.

1183.34.

Restricted Areas.

Sec.

1183.35.

Restricted Areas.

Sec.

1183.36.

Restricted Areas.

Sec.

1183.37.

Restricted Areas.

Sec.

1183.38.

Restricted Areas.

Sec.

1183.39.

Restricted Areas.

Sec.

1183.40.

Restricted Areas.

DIVISION X
PENALTIES

Sec.

1185.

Penalties.

Sec.

1186.

Full-time Driving Requirement;
Violations; Administrative
Penalties.

Sec.

1187.

Commission Rules and
Regulations; Violations;
Administrative Penalties.

Sec.

1187.1.

Operating Without a Permit;
Violations; Administrative
Penalties.

Sec.

1188.

Procedures for Administrative
Penalties.

DIVISION I

PROVISIONS GOVERNING ALL

VEHICLES

SEC. 1075. DECLARATION OF POLICY.

The Board of Supervisors of the City and
County of San Francisco hereby declare it shall
be the policy of the City and County of San
Francisco that:

(a) All motor vehicle for hire permits issued
by the City and County of San Francisco are the
property of the people of the City and County of
San Francisco and shall not be sold, assigned or
transferred.

Supp. No. 14, February 2008

Sec. 1075.

San Francisco - Police Code

732

(b) A sufficient number of permits for each
type, kind, or class of motor vehicle for hire shall
be issued to assure adequate service to the
public, including residents, commuters, tourists
and other visitors.

(c) All taxicabs shall be operated with an
effective 24-hour radio dispatch service to assure
prompt, safe and adequate service for all resi-
dents of the City and County of San Francisco,
including, without limitation, elderly and handi-
capped persons, in all locations throughout the
City and County.

(d) Taxicab operators may charge less than
the maximum fare set by law, as set forth below.

(e) All commercial operation of motor ve-
hicles for hire in the City and County of San
Francisco shall be subject to regulation under
this Article, except to the extent that such regu-
lation is preempted or precluded by state or
federal law. It is the intent of the Board of
Supervisors that this Article shall apply to all
motor vehicles for hire, including those which
may from time to time be deregulated by state or
federal authority although now or in the future
exempted from regulation hereunder by virtue of
state or federal law.

(f) The public will benefit from additional
efforts to enforce the provisions of this Article,
and a portion of the cost of enforcement should
be funded through fees collected from holders of
permits issued under this Article. (Added by
Ord. 562-88, App. 12/27/88)

SEC. 1076. DEFINITIONS.

For purposes of this Article the following
words and phrases are defined and shall be
construed as hereinafter set forth:

(a) "Motor Vehicle for Hire" Defined. A "mo-
tor vehicle for hire" is hereby defined to mean
and include every type, kind and class of pri-
vately owned motor-propelled passenger-carry-
ing vehicle for hire over which the City and
County of San Francisco may exercise jurisdic-
tion.

(b) "Taxicab" Defined. A "taxicab" is hereby
defined to be a motor vehicle for hire of a
distinctive color or colors and which is operated

at rates per mile or upon a waiting-time basis, or
both, and which is equipped with a taximeter
and which is used for the transportation of
passengers for hire over and along the public
streets, not over a defined route but, as to the
route and destination, in accordance with and
under the direction of the passenger or person
hiring such vehicle. A "taxicab" does not include
motor vehicles for hire herein defined as "ramped
taxis."

(c) "Taximeter" Defined. A "taximeter" is
hereby defined to be an instrument or device
attached to a motor vehicle for hire by means of
which instrument or device the charge autho-
rized for hire of such vehicle is mechanically
calculated either on a basis of distance traveled
or for waiting time, or a combination thereof,
which charges shall be indicated upon such taxi-
meter by means of figures, in dollars and cents.

(d) "Taxicab Dispatch Service" Defined. A
"taxicab dispatch service" is hereby defined to be
any person, business, firm, partnership, associa-
tion or corporation which holds itself out to the
public in general as a source of taxicab service by
or through which taxicabs may be summoned or
dispatched by radio.

(e) "Taxicab Color Scheme" Defined. A "taxi-
cab color scheme" is hereby defined to be any
color scheme, design or dress for taxicabs that is
distinguishable from the color scheme, design or
dress customarily used for private automobiles.

(f) "Jitney" Defined. A "jitney" or "jitney
bus" is defined to be a motor vehicle for hire less
than 20 feet in length traversing the public
streets between certain definite points or termini
and conveying no more than 15 passengers for a
fixed charge, between such points or any inter-
mediate points, and so held out, advertised or
announced; provided, however, that the size and
passenger limitations established herein shall
not apply to any vehicle operated as of July 1,
1983. A jitney bus is hereby declared to be a
common carrier and is subject to the regulations
prescribed in the Municipal Code and in this
Article.

Supp. No. 14, February 2008

732.1 Regulations for Motor Vehicles for Hire Sec. 1076.

(g) "Motorized Rickshaw" Defined. A "motor-
ized rickshaw" is hereby defined to be a passenger-
carrying motor vehicle for hire having three or
four wheels, convertible type, designed to carry
not more than four passengers. The gross weight
of a motorized rickshaw shall not exceed 4,700
pounds, unloaded, and shall have a wheelbase
not to exceed 95 inches, and shall have an engine
not to exceed four cylinders. A motorized rick-
shaw shall have a cloth hood over the rear
seating area that shall resemble the hood of a
traditional oriental rikisha or jinrikisha.

Supp. No. 14, February 2008

[INTENTIONALLY LEFT BLANK]

Supp. No. 14, February 2008

733

Regulations for Motor Vehicles for Hire

Sec. 1076.

(h) "Limousine" Defined. A "limousine" is
hereby defined to be a passenger-carrying motor
vehicle for hire, of private appearance (except as
to license plates), not equipped with a taximeter,
designed to accommodate seven or eight persons,
inclusive of a driver, and used for the transpor-
tation of persons for hire over and along the
public streets, not over a fixed and defined route
but, as to route and destination, in accordance
with and under the direction of the passenger or
person hiring such limousine, the charges for use
of which are based upon rates per mile, per trip,
per hour, per day, per week or per month.

(i) "Funeral Limousine" Defined. A "funeral
limousine" is hereby defined to be any limousine
used exclusively in the business of any under-
taker or funeral director.

(j) "Sightseeing Bus" Defined. A "sightsee-
ing bus" is hereby defined to be a motor vehicle
for hire used in the conveyance, for hire, of
tourists and sightseers, over the public streets,
for the purpose of a sightseeing trip or tour in the
visiting and viewing of places of interest. A
"sightseeing bus" is hereby defined to be a com-
mon carrier and subject to the regulations pre-
scribed in the Municipal Code and this Article.

(k) "Interurban Bus" Defined. An "interur-
ban bus" is hereby defined to be a motor vehicle
for hire, other than a jitney bus used for trans-
porting passengers for hire over and along the
public streets between certain definite points or
termini, one within and the other without the
limits of the City and County of San Francisco.
An "interurban bus" is hereby declared to be a
common carrier and subject to the regulations
prescribed in the Municipal Code and this Ar-
ticle.

(1) "Permittee" Defined. "Permittee" is hereby
defined to mean any person, business, firm,
partnership, association or corporation which
holds any permit or license issued by or under
the authority of the City and County of San
Francisco to operate or drive any motor vehicle
for hire. "Permit holder" means "permittee."

(m) "Operator" Defined. "Operator" is hereby
defined to mean any person, business, firm,
partnership, association or corporation licensed

by the City and County of San Francisco pursu-
ant to the provisions of this Article and any agent
of such permittee including, but not limited to,
any manager or lessee of said permittee.

(n) "Driver" Defined. "Driver" is hereby de-
fined to mean any person engaged in the me-
chanical operation and having physical charge or
custody of a motor vehicle for hire while said
motor vehicle for hire is available for hire or is
actually hired.

(o) "Full-Time Driver" Defined. "Full-time
driver" is hereby defined to mean any driver
actually engaged in the mechanical operation
and having physical charge or custody of a motor
vehicle for hire which is available for hire or
actually hired (i) for at least four hours during
any 24-hour period on at least 75 percent of the
business days during the calendar year or (ii) for
at least 800 hours during the calendar year.

(p) "Stand" Defined. "Stand" is hereby de-
fined to be a place designated by the Department
of Public Works for the use, while awaiting
employment, of the particular motor-propelled
passenger-carrying vehicles authorized to utilize
the same.

(q) "Police Commission" Defined. "Police
Commission" as used herein means the Police
Commission of the City and County of San Fran-
cisco.

(r) "Police Department" Defined. "Police De-
partment" as used herein means the Police De-
partment of the City and County of San Fran-
cisco.

(s) "Chief of Police" Defined. "Chief of Po-
lice" as used herein means the Chief of Police of
the Police Department of the City and County of
San Francisco and his designated agents within
the Police Department.

(t) "Tax Collector" Defined. "Tax Collector"
as used herein means the Tax Collector of the
City and County of San Francisco.

(u) "Controller" Defined. "Controller" as used
herein means the Controller of the City and
County of San Francisco.

Sec. 1076.

San Francisco - Police Code

734

(v) "Department of Public Works" Defined.
"Department of Public Works" as used herein
means the Department of Public Works of the
City and County of San Francisco.

(w) "Employer's Bus" Defined. "Employer's
bus" as used herein means a bus or other vehicle
capable of transporting 12 or more persons,
including the driver, which is regularly operated
and maintained in order to transport employees
to and from various business locations by a
person or corporation which employs 100 or more
persons at one location within the City and
County of San Francisco.

(x) "Employer's Bus Stand" Defined.
"Employer's bus stand" as used herein means
that portion of the street which the Department
of Public Works designates as reserved for the
exclusive use of one or more employer's buses in
order to load and unload passengers at a busi-
ness location of the employer.

(y) "Ramped Taxi" Defined. A "ramped taxi"
as used herein is a motor vehicle for hire of a
distinctive color or colors operated at rates per
mile or upon a waiting-time basis, or both, which
is a minivan or similar vehicle specially adapted
via ramp access for wheelchair users, which is
also equipped with a taximeter, and which pri-
oritizes requests for service from wheelchair
users for purposes of transportation over and
along the public streets, not over a defined route
but, as to the route and destination, in accor-
dance with and under the direction of the pas-
senger or person hiring such vehicle. (Added by
Ord. 562-88, App. 12/27/88; Ord. 64-97, App.
3/6/97; Ord. 111-04, File No. 040343, App. 7/1/
2004)

SEC. 1077. ADMINISTRATION OF THIS
ARTICLE; AUTHORITY TO ISSUE
REGULATIONS.

(a) Rules and Regulations. The Taxi Com-
mission from time to time shall, after a noticed
public hearing, adopt such rules and regulations
to effect the purposes of this Article as are not in
conflict therewith.

(b) Administration of Regulations. As

set forth elsewhere in this Article, the Taxi
Commission shall be charged with administering
and enforcing the provisions of this Article, and
any rules or regulations promulgated hereunder.

(c) Enforcement. In addition to the admin-
istrative penalties set forth in Section 1090 of
this Article, violations of the Commission's Rules
may be punished as infractions as set forth in
Section 1185(d). (Added by Ord. 562-88, App.
12/27/88; amended by Ord. 106-99, File No.
990006, App. 5/7/99)

SEC. 1078. PERMIT REQUIRED FOR
OPERATION OF MOTOR VEHICLES FOR
HIRE; EXCLUSIONS.

(a) Permit Required. No person, busi-
ness, firm, partnership, association or corpora-
tion shall drive or operate any motor vehicle for
hire on the public streets of the City and County
of San Francisco, nor shall any person, business,
firm, partnership, association or corporation op-
erate any taxicab radio-dispatch service or taxi-
cab color scheme in the City and County of San
Francisco, without a permit issued by the Taxi
Commission authorizing such driving or opera-
tion in accordance with the provisions of this
Article.

(b) Limitation on Types of Vehicles for
Hire. No person, business, firm, partnership,
association or corporation shall drive or operate,
directly or indirectly, any motor vehicle for hire
on the public streets of the City and County of
San Francisco which is not specifically defined in
this Article; provided, however, that the Taxi
Commission may declare, after a noticed public
hearing, that the public convenience and neces-
sity require the operation of a type, kind or class
of motor vehicle for hire not herein defined, and
issue a permit or permits for such type, kind or
class of motor vehicle for hire in accordance with
the procedures and provisions set forth in Sec-
tions 1079 through 1081 of this Article.

(c) Exclusions for Vehicles Licensed in
Other Jurisdictions. This Article shall not
apply to any motor vehicle for hire duly licensed
by any city, county or other public entity which

735

Regulations for Motor Vehicles for Hire

Sec. 1079.

may enter the City and County of San Francisco
for the purpose of delivering passengers who
have hired said motor vehicle for hire within a
jurisdiction in which said motor vehicle for hire
is licensed to operate; provided, however, that no
such motor vehicle for hire shall accept or be
hired by any passenger while in the City and
County of San Francisco.

(d) Exclusion for Vehicles Licensed by
California PUC. This Article shall not apply to
the operation of motor vehicles engaged in the
business of, or used for, transporting passengers
for hire when such motor vehicles are operated
under and by authority of certificates of public
convenience and necessity issued by the Public
Utilities Commission of the State of California;
provided, however, that this clause shall be con-
strued to create an exception only to the extent,
character and type of operation expressly pre-
scribed and authorized by the certificate issued
by said Public Utilities Commission and shall be
limited by and entirely within the scope of said
certificate as issued by said Public Utilities Com-
mission. No limousine or other charter-party
carrier of passengers, whether licensed by the
California Public Utilities Commission or not,
shall operate as a taxicab on the public streets of
the City and County of San Francisco without a
permit issued by the Taxi Commission authoriz-
ing such driving or operation in accordance with
the provisions of this Article.

(e) Partial Exclusion for Funeral Lim-
ousines. Any person engaged in the business of
undertaker or funeral director desiring a permit
for the operation of a limousine or limousines
used solely in connection with said business
shall not be required to qualify under Sections
1079 through 1081 or Sections 1091 through
1094 of this Article; provided, however, that the
Taxi Commission shall have the power to grant
permits exclusively for such funeral limousines
after a noticed hearing on an application there-
for. The Taxi Commission may prescribe the form
and content for such applications. All funeral
limousine permittees shall be subject to the
condition and rulemaking authority of the Taxi
Commission and the Executive Director of the

Taxi Commission as provided for in Section 1077
of this Article. Such permits shall be nonassign-
able and nontransferable.

(f) Exclusion for Employer's Buses. No

permit is required under this Article for the
operation of an employer's bus as defined in
Section 1076(w).

(g) Exclusion for Private Ambulances.

This Article shall not apply to private ambu-
lances regulated under Part II, Chapter V of the
Municipal Code (Health Code).

(h) Exclusions for Rail Vehicles. This
Article shall not apply to any vehicle operating
on fixed tracks or rails. (Added by Ord. 562-88,
App. 12/27/88; amended by Ord. 15-06, File No.
051720, App. 1/20/2006)

SEC. 1079. ISSUANCE OF PERMITS;
APPLICATIONS; HEARINGS.

(a) Scope of Section. To the extent the
provisions of this Section and Sections 1080
through 1088 of this Article are inconsistent with
the provisions of Sections 2.1 through 2.30 of
Article I of the San Francisco Police Code, the
provisions of this Article shall be applicable to all
permits for the operation of motor vehicles for
hire granted pursuant to this Article; provided,
however, that certain alternative and additional
provisions with respect to permits for the opera-
tion of taxicabs are set forth below in Sections
1120 et seq. Provisions of this Section shall not
apply to taxicab dispatch service, taxicab color
scheme permits, or permits for the operation of a
rental vehicle business under Division 8 of this
Article.

(b) Taxi Commission to Issue Permits.

The Taxi Commission shall issue permits for the
operation of motor vehicles for hire that are
provided for in this Article as the public conve-
nience and necessity shall require. The Taxi
Commission shall not issue a permit for any
motor vehicle for hire service not defined in
Section 1076 hereof, except as provided for in
Section 1078(b) of this Article.

(c) Declaration of Public Convenience
and Necessity. No permit shall be issued for the
operation of any motor vehicle for hire unless

Sec. 1079.

San Francisco - Police Code

736

and until the Taxi Commission shall by resolu-
tion declare that public convenience and neces-
sity require the proposed service for which appli-
cation for a permit is made and the applicant is
found to be eligible under all the requirements of
this Article.

(d) Hearings to Determine Public Con-
venience and Necessity. The Taxi Commission
shall hold hearings to determine public conve-
nience and necessity pursuant to all applications
for the issuance of permits to operate motor
vehicles for hire. Protests against the issuing of a
permit may be filed with the Taxi Commission.
The Taxi Commission shall consider all protests
and in conducting its hearing shall have the
right to call such additional witnesses as it
desires. In all such hearings, the burden of proof
shall be upon the individual applicant to estab-
lish by clear and convincing evidence that public
convenience and necessity require the operation
of the vehicle or vehicles for which permit appli-
cation has been made, and that such application
in all other respects should be granted. Subject
to the provisions of Subsection (e) of this Section,
hearings on applications for declaration of public
convenience and necessity shall be held at least
once each calendar year for each type, kind or
class of permit for which one or more applica-
tions are pending.

(e) Consolidation of Hearings Permit-
ted. The Taxi Commission may consolidate for
hearing and determination of public convenience
and necessity all applications for a given type,
kind or class of permit. Any declaration of public
convenience and necessity made by the Taxi
Commission pursuant to such a consolidated
hearing shall be valid and binding as to the total
number of permits authorized for a particular
type, kind or class of permit and as to each
application included for hearing in said consoli-
dated hearing and shall have continuing force
and effect until the next subsequent Taxi Com-
mission hearing on public convenience and ne-
cessity as to that particular type, kind or class of
permit. Any applicant whose application is called
for hearing at a consolidated hearing may rely
upon the testimony and evidence adduced before
the Taxi Commission by other pending conve-

nience and necessity, in the sole discretion and
judgment of the individual applicant; provided,
however, that the burden of proof in establishing
public convenience and necessity shall remain on
each applicant.

(f) Role of Controller. Prior to increasing
the total number of authorized permits, the Taxi
Commission shall notify the Controller of the
proposed increase and receive from the Control-
ler, within 30 days of the Controller's receipt of
the Taxi Commission notice, a report including
the Controller's recommendation for an adjust-
ment in the mean gate fee cap and/or in rates of
fare for taxicabs, and/or the institution of tem-
porary permit lease fee controls, necessary to
maintain income of drivers and color scheme
permitholders.

(g) Notice of Commission's Determina-
tion. Written notice of a declaration of public
convenience and necessity by the Taxi Commis-
sion shall be given to all subject applicants and
all protestors whose names and addresses are
known to said Commission. Such notice shall be
given forthwith upon the adoption of such decla-
ration. A declaration of public convenience and
necessity made at or as a result of a consolidated
hearing under Subsection (e) of this Section may
be appealed to the Board of Appeals as set forth
in Section 4.106 of the Charter of the City and
County of San Francisco. Prior to increasing the
total number of authorized permits beyond the
currently authorized number if the Taxi Commis-
sion has not authorized an increase, or beyond
any increase authorized by the Taxi Commis-
sion, the Board of Appeals shall notify the Con-
troller of the Board of Appeals' proposed increase
and receive from the Controller within 30 days of
the Controller's receipt of the Board of Appeals
notice, a report including the Controller's recom-
mendation for an adjustment in the mean gate
fee cap and/or in rates of fare for taxicabs, and/or
the institution of permit lease fee controls, nec-
essary to maintain income of drivers and color
scheme permitholders.

(h) If the Taxi Commission or the Board of
Appeals authorizes the issuance of any addi-
tional number of taxicab permits above the 1381

737

Regulations for Motor Vehicles for Hire

Sec. 1080.

permits authorized to be issued as of November
12, 2002, the Controller shall transmit to the
Board of Supervisors a report including the
Controller's recommendation for an adjustment
in the mean gate fee cap and/or in rates of fare
for taxicabs and/or the institution of temporary
permit lease fee controls, necessary to maintain
income of drivers and color scheme permithold-
ers, and proposed legislation instituting such
recommendations.

(i) Separate Hearings for Individual Ap-
plicants. Notwithstanding any consolidated hear-
ing on public convenience and necessity as pro-
vided for in Subsection (e) of this Section, every
applicant for a permit to operate a motor vehicle
for hire shall have a separate hearing to review
and determine the applicant's individual eligibil-
ity and compliance with all applicable laws,
rules and regulations before a permit is issued,
notice of which shall be given in the same man-
ner as set forth in Section 1080(a) of this Article.
Each application shall be investigated and the
results of the investigation shall be transmitted
to the Taxi Commission at the time of the hear-
ing on the applicant's individual qualifications.
If public convenience and necessity is declared
for the issuance of a permit and an applicant is
found to be eligible therefor after consideration
by the Taxi Commission of the factors set forth in
Section 1081 of this Article, the Taxi Commission
shall so notify the applicant. Within 60 days
thereafter the applicant shall furnish to the Taxi
Commission any and all additional information
which may be required. If the Taxi Commission
then finds that the applicant, in addition to
complying with all other requirements, is the
owner of the vehicle or vehicles for which a
permit is sought, and that each such vehicle
meets with all applicable statutes, ordinances,
rules and regulations, it shall thereupon issue
the permit. A finding made at or as a result of a
hearing under this Section may be appealed to
the Board of Appeals as set forth in Section 4.106
of the Charter of the City and County of San
Francisco.

(j) Conditions on Permits. The Taxi Com-
mission may attach such conditions as it deems
to be consistent with public convenience and

necessity upon any new permit issued under this
Article. From time to time, existing permits or
those issued without conditions may be made
subject to such conditions as the Taxi Commis-
sion may determine to be consistent with public
convenience and necessity after a hearing of
which notice is given to all affected permittees
and the public in the manner prescribed for
giving notice in Section 1080(a) of this Article.
(Added by Ord. 562-88, App. 12/27/88; amended
by Ord. 228-02, File No. 020678, App. 12/5/2002)

SEC. 1080. PERMIT APPLICATIONS.

(a) Forms and Applications; Notice of
Hearing. Application for a permit required by
this Article shall be made to the Police Commis-
sion on a form to be furnished by the Police
Commission. The form shall specify, and the
application shall state, such information as the
Police Commission reasonably shall require.
Within 14 days of the filing of such an applica-
tion with the Police Commission, it shall cause a
notice to be published in a newspaper approved
for the giving of official notices of the City and
County of San Francisco, which notice shall state
that an application has been filed for a permit
pursuant to this Article (specifying the type,
kind or class), the name of the applicant, the
kind of equipment to be used, and such other
information as may be necessary to identify the
applicant and to specify the type, kind or class of
permit or service. If the hearing on an individual
application is held more than 45 days after the
last such notice was published, that notice shall
be republished, commencing at least 14 days
prior to the hearing. The notices required by this
Section shall be published for three successive
days and shall state the date, time, and place set
for the hearing thereon.

(b) Fee for Application. Applicants for
permits authorized by this Article shall pay to
the City and County of San Francisco a sum set
by ordinance to cover the costs of advertising,
investigating, and processing the application for
each permit. No application for a permit under
this Article shall be deemed to be complete until
and unless such sum is fully paid.

Sec. 1080.

San Francisco - Police Code

738

(c) Applications Deemed Active. Every
application for a motor vehicle for hire permit
shall be deemed to remain active and shall be
considered until the earliest of the following
events:

(1) The applicant withdraws the applica-
tion in writing;

(2) The applicant is deemed to be ineligible
by a vote of the Police Commission; or

(3) The applicant receives a permit;

(d) Notwithstanding the provisions of Sub-
section (c), the Chief of Police may adopt regula-
tions requiring applicants periodically to reaf-
firm that their applications are active. (Added by
Ord. 562-88, App. 12/27/88; amended by Ord.
88-99, File No. 981443, App. 4/30/99)

SEC. 1081. FACTORS CONSIDERED IN
ISSUING PERMITS; DRIVING
REQUIREMENTS.

(a) General Factors. The Taxi Commis-
sion, in determining whether an individual ap-
plicant is eligible for the issuance of a motor
vehicle for hire permit pursuant to Section 1079(i)
may consider such facts as it deems pertinent,
but must consider the following:

(1) Whether the applicant is financially re-
sponsible and will comply with all insurance
requirements and will maintain proper financial
records.

(2) Whether the applicant has complied with
all applicable statutes, ordinances, rules and
regulations.

(3) Whether the applicant holds or has ever
held any other permits issued to operate a motor
vehicle for hire either in the City and County of
San Francisco or elsewhere and the record of
such applicant with regard to any such other or
former permits.

(b) Full-Time Driving Pledge. No permit
to operate a motor vehicle for hire shall be issued
unless the person applying for the permit shall
declare under penalty of perjury his or her inten-
tion actively and personally to engage as permit-
tee-driver under any permit issued to him or her

for at least four hours during any 24-hour period
or at least 75 percent of the business days during
the calendar year.

(c) Driving Experience Required. No per-
mit to operate a taxicab or ramped taxi shall be
issued unless the applicant has the driving ex-
perience required by Section 1121 for a taxicab
permit or Section 1148.1 for a ramped taxi per-
mit.

(d) Order of Consideration. Except as
otherwise state in this Article, all applications
for motor vehicle for hire permits shall be pro-
cessed and considered in the order of their re-
ceipt by the Taxi Commission. The Commission
retains discretion at any time, following a hear-
ing, to deny an application for a motor vehicle for
hire permit on the basis that the applicant has
engaged in fraud, deceit, misrepresentation, or
other misconduct in connection with the applica-
tion process.

(e) Applicability of Section. Notwithstand-
ing any contrary provision in this Article, the
requirements set forth in this Section shall not
apply to any person holding a permit issued on or
before July 1, 1978.

(f) Full-Time Driving Required. Every
permittee subject to the provisions of this Sec-
tion shall be a full-time driver as defined in
Section 1076(o), subject to the qualifications state
in subparts (i) — (iii) below.

(i) During the calendar year in which the
permittee receives the permit, and during the
first full calendar year following receipt of the
permit, the permittee must qualify as a full-time
driver by satisfying the definition of that term in
Section 1076(o)(i). For the calendar year in which
the permittee receives the permit, the number of
business days shall be measured from the date of
receipt of the permit.

(ii) A permittee may be granted approval
not to drive a certain number of days under
certain circumstances pursuant to Section 1096(c).
In such a case, for the permittee to qualify as a
full-time driver as defined in Section 1076(o)(i),
the number of business days for the calendar

739

Regulations for Motor Vehicles for Hire

Sec. 1081.5.

year shall be reduced in the same proportion as
the ratio of the permittee's excused driving days
to calendar days in the calendar year.

(g) Promotion of the General Welfare.

By adopting a program for the issuance of per-
mits for motor vehicles for hire, the City and
County of San Francisco is assuming an under-
taking only to promote the general welfare. It is
not assuming, nor is it imposing on its officers
and employees, an obligation for breach of which
it is liable in money damages to any person who
claims that such breach proximately caused in-
jury. (Added by Ord. 562-88, App. 12/27/88; Ord.
111-04, File No. 040343, App. 7/1/2004)

SEC. 1081.5. DRIVING REQUIREMENTS
FOR DESIGNATED TAXI COMPANY KEY
PERSONNEL.

(a) Driving Requirement. Beginning Janu-
ary 1, 2007 and notwithstanding any other pro-
vision of this Code, include subdivision (f) of
Section 1081, taxi permit-holders who are desig-
nated as "key personnel" pursuant to this Sec-
tion may satisfy their annual driving require-
ment under Section 1081(f) by driving 120 hours
per year and performing 1,500 hours of work per
year as key personnel for the company.

(b) Definitions. For purposes of this Sec-
tion:

(i) "Taxi company" shall mean a person or
entity holding a valid color scheme permit under
Section 1125.

(ii) "Key personnel" shall mean a permit-
holder who works in an administrative capacity
or performs functions integral to the company. A
permit-holder designated as key personnel must
be a payroll employee of the taxi company and
work on-site at the company's principal place of
business.

(c) Designation. Each taxi company seek-
ing to designate one or more of its employees for
a calendar year pursuant to this Section must
file the designation, on a form to be provided by
the Taxi Commission, by December 1st of the
preceding year. The company may not change
designations during the year. A permit-holder

may only be designated by one company at a
time, and may not be designated by more than
one company during a calendar year.

The Taxi Commission will only recognize as
designated personnel those permit-holders named
in the designation form signed and filed by the
color scheme permit-holder or its authorized
representative as of December 1st.

(d) Number of Designated Personnel At
a Company.

A taxi company with 1 to 10 permits may not
designate anyone under this Section.

A taxi company with 11 to 20 permits may
designate one person.

A taxi company with 21 to 40 permits may
designate two people.

A taxi company with 41 to 60 permits may
designate three people.

A taxi company with 61 to 80 permits may
designate four people.

A taxi company with 81 to 100 permits may
designate five people.

A taxi company with 101 to 150 permits may
designate six people.

A taxi company with 151 to 200 permits may
designate seven people.

A taxi company with 201 to 300 permits may
designate eight people.

A taxi company with 301 to 400 permits may
designate nine people.

A taxi company with over 400 permits may
designate nine people, plus one additional
person for every 100 permits over 400.

The number of permits affiliated with a par-
ticular taxi company for the year shall be deter-
mined as of December 1st of the previous year,
based on the records of the Taxi Commission.
The number of designated personnel at a taxi
company shall not be increased or decreased
during the subsequent calendar year even if the
number of permits at that company changes
during the year.

Supp. No. 1, September 2006

Sec. 1081.5.

San Francisco - Police Code

740

(e) Statement of Work Done. No later
than February 1st of each year, each company
that has designated one or more permit-holders
pursuant to this Section must submit a written
statement, under oath, of the number of hours
each of its designated personnel worked in that
capacity for the company during the previous
year. The taxi company shall be responsible for
the accuracy of the statement.

( f) Partial C ompletion of Requirements.

If a permit-holder performs at least 750 hours of
work as designated personnel for the company
during the year but less than 1,500 hours, the
permit-holder shall be entitled to partial credit
against the driving requirement on a pro rata
basis. The credit shall correspond to the percent-
age of 1,500 hours that the designated permit-
holder worked for the company in such capacity.
If a permit-holder does not perform at least 750
hours of work as designated personnel for the
company during the year, the permit-holder shall
not be entitled to any credit against the driving
requirement. (Ord. 181-06, File No. 060539, App.
7/14/2006)

SEC. 1082. ONLY NATURAL PERSONS
LICENSED; ONE PERMIT PER PERSON;
INDIVIDUAL PERMITTEES ONLY;
EXCEPTIONS.

(a) Individual Permit Holders. No per-
mit to operate a motor vehicle for hire shall be
issued except to a natural person and in no case
to any business, firm, partnership, association or
corporation, except as provided for in Subsection
(c) of this Section. No more than one taxicab
permit shall be issued to any one person, except
as provided in Subsection (c) of this Section.

(b) Permits Issued Only to Single Per-
mittees. Except for permits issued in the name
of more than one person prior to the effective
date of this Article, no permit to operate a motor
vehicle for hire shall be issued to, or in the name
of, more than one person.

provisions of Subsection (a) of this Section shall
not apply to any permit issued on or before July
1, 1978 that has been renewed and maintained

in effect continuously since that date. Such per-
mits shall continue in effect. (Added by Ord.
562-88, App. 12/27/88)

SEC. 1083. SALE OR TRANSFER OF
CORPORATE PERMITTEE; CORPORATE
RECORDS.

(a) Permits Void in Event of Transfer or
Sale of Permittee. Any permit to operate a
motor vehicle for hire held by a permittee that is
not a natural person and which permit would
otherwise remain in effect pursuant to Section
1082(c) shall be deemed null and void and re-
voked in any of the following circumstances:

(i) If the permittee is or was sold or trans-
ferred at any time after June 6, 1978; with a
cumulative sale or transfer of (A) 10 percent or
more of the stock or other ownership of the
permittee, or (B) 10 percent of the permittee's
assets since June 6, 1978 constituting a sale or
transfer for purposes of this Section unless such
sale or transfer has been approved by the Police
Commission in conformance with the require-
ments of this Article and San Francisco Charter,
Appendix F.

(ii) If after the effective date of this Article
the management or control of the permittee is
transferred for consideration;

(iii) If after the effective date of this Article
the permittee's rights to receive income derived
from the lease of a permit is assigned, trans-
ferred or sold.

(b) Corporate Records. Any corporation
holding a permit hereunder shall maintain a
stock register at the principal office of the corpo-
ration in San Francisco and the stock register
shall be available to the Police Department for
inspection. Such corporation shall report to the
Department in writing any of the following:

(i) Issuance or transfer of any shares of
stock.

(ii) Change in any of the corporate officers
which is required by Section 821 of the Califor-
nia Corporations Code.

(iii) Change of any member of its board of
directors.

Supp. No. 1, September 2006

740.1

Regulations for Motor Vehicles for Hire

Sec. 1087.

(c) Any report required pursuant to this
Section shall be filed with the Police Department
within 10 days of the change, sale or transfer to
be reported. (Added by Ord. 562-88, App. 12/27/
88)

SEC. 1084. PERMITS A PRIVILEGE;
NONTRANSFERABILITY OF PERMITS;
NOTICE RE DEATH OF PERMITTEE;
LEASE OF PERMIT PROHIBITED AFTER
PERMITTEE'S DEATH.

(a) Permits granted pursuant to this Article
constitute a privilege and do not constitute prop-
erty of the permittee. Except as provided in
Sections 1131(b) (taxicab color scheme permits)
and 1133(b) (taxicab dispatch service permits) of
this Article, no permit issued under this Article
shall be transferable or assignable, either ex-
pressly or by operation of law.

(b) Within 14 days of the death of any living
person holding a permit issued under this Ar-
ticle, the taxicab dispatch service with which
that permit is affiliated, if it has knowledge of
the permittee's death, and each lessee of the
permittee's permit who has knowledge of the
permittee's death, shall notify the Chief of Police
in writing of the permittee's death.

(c) It shall be unlawful to attempt to lease
or lease, as lessor or lessee, any permit issued
pursuant to this Article with knowledge that the
person in whose name that permit is issued is
deceased. (Added by Ord. 562-88, App. 12/27/88)

SEC. 1085. PERMIT FEES.

(a) Payment of Fees Required. It shall
be unlawful for any person required to obtain a
permit pursuant to the provisions of this Article
to operate a motor vehicle for hire, a taxicab
dispatch service or a taxicab color scheme, with-
out first obtaining the required permit and pay-
ing the applicable fee therefor.

(b) Permit Fee. The fees charged for per-
mits issued pursuant to this Article shall be set
annually by the Board of Supervisors in an
amount adequate to cover the estimated actual
costs of the enforcement of this Article, including
personnel, pursuant to Section 2.2 of Article I of

the San Francisco Police Code; provided, how-
ever, that after January 1, 1990 said fees shall
not be increased by an amount greater than 10
percent of the fee set for the preceding year. A
prorated fee shall be charged for any license
issued pursuant to Subsection (a) hereof for a
period of less than one full year.

The Chief of Police shall notify the Controller
and the Tax Collector of the number of motor
vehicle for hire permits in effect, and the seating
capacity of the vehicles for which the permits
were granted; and, whenever additional permits
are granted, or existing permits are modified or
revoked during the year, the Controller and the
Tax Collector shall be notified of same immedi-
ately. These notifications shall be in writing and
signed by the Chief of Police, and shall be made
on the following dates:

(i) Taxicabs and limousines — on the 30th
day of June of each year;

(ii) All other motor vehicles for hire — on the
31st day of December of each year. (Added by
Ord. 562-88, App. 12/27/88)

SEC. 1086. DURATION OF LICENSES,
ETC.; EXISTING PERMITS.

(a) Expiration Dates for Permits, Etc.

All licenses and medallions issued under the
provisions of this Section for the operation of
taxicabs and limousines shall expire on the first
day of July next following their issuance. All
other permits issued pursuant to this Article
shall expire the first day of January next follow-
ing their issuance.

(b) Permits for the operation of motor ve-
hicles for hire in effect on the effective date of
this Article shall remain in full force and effect
subject to the other provisions of this Article.
(Added by Ord. 562-88, App. 12/27/88)

SEC. 1087. ENFORCEMENT FUND.

All permit fees collected pursuant to this
Article shall be held in trust by the Treasurer of
the City and County of San Francisco and shall
be distributed according to the fiscal and budget-
ary provisions of the San Francisco Charter

Supp. No. 1, September 2006

Sec. 1087. San Francisco - Police Code 740.2

subject only to the following conditions and limi-
tations: the proceeds from permit fees collected
pursuant to this Article, including earnings from
investments thereof, may be used only to com-
pensate and defray the capital and operating
costs incurred by the City and County of San
Francisco in enforcing the provisions of this
Article, including, without limitation, the costs
incurred by the Police Department and the Con-
troller to comply with their obligations as set
forth in this Article. The foregoing permit fee
fund is necessary for the purpose of regulation
and to provide for the necessary investigation,

Supp. No. 1, September 2006

741

Regulations for Motor Vehicles for Hire

Sec. 1089.

inspections and administration under, and en-
forcement of, the provisions of this Article. (Added
by Ord. 562-88, App. 12/27/88)

SEC. 1088. MEDALLIONS.

(a) Issuance and Display. The Police De-
partment shall issue a metallic medallion of a
design approved by the Police Commission for
each motor vehicle for hire license issued pursu-
ant to the provisions of Sections 1079 through
1081 hereof. During all hours of operation of a
motor vehicle for hire, the medallion shall be
placed in the lower right corner of the windshield
in such a manner that the serial number shall be
clearly visible from the exterior of the vehicle;
provided, however, that the Chief of Police shall
designate the manner of displaying the medal-
lion on motorized rickshaws and limousines.

(b) Medallion Fees. Every motor vehicle
for hire permit holder shall pay to the Police
Department for each metallic motor vehicle for
hire medallion a sum set by ordinance to cover
the costs of producing and processing each such
metallic motor vehicle for hire medallion as may
be issued to him or her pursuant to the provi-
sions of this Section. Said fees shall be paid once
each calendar year. (Added by Ord. 562-88, App.
12/27/88; amended by Ord. 88-99, File No. 981443,
App. 4/30/99)

SEC. 1089. DRIVERS PERMITS.

(a) Permit Required. It shall be unlawful
for any person to act as a driver of any motor
vehicle for hire licensed pursuant to this Article
unless that person holds a driver's permit from
the Police Department issued pursuant to this
Section.

(b) Application. Application for a permit
to drive a motor vehicle for hire shall be made to
the Chief of Police on a form provided by the
Police Department and shall pay to the City and
County of San Francisco a fee to cover the costs
of investigating and processing the application,
such fee to be determined periodically as deemed
appropriate by the Police Commission. No appli-
cation for a driver's permit hereunder shall be
deemed to be complete until and unless such
sum is fully paid.

(c) Examination for Permit. Every appli-
cant for a driver's permit as required by this
Article shall be required to take and pass an
examination given by the Chief of Police. Said
examination shall cover the provisions of this
Article and all rules or regulations promulgated
pursuant thereto, the California Vehicle Code,
the traffic regulations of the City and County of
San Francisco.

(d) Requisites for Driver's Permit. Each
applicant for a driver's permit from the Chief of
Police must:

(1) Be a resident of the United States, of
good moral character;

(2) Be of the age of 21 years or over;

(3) Be of sound physique, with good eye-
sight and not subject to any disease, condition,
infirmity, or addiction to the use of alcohol or any
controlled substance, which might render the
applicant unfit for the safe operation of a taxicab
or other motor vehicle for hire;

(4) Be able to read and write the English
language;

(5) Be clean in dress and person;

(6) Hold a valid California driver's license
of a class sufficient for the lawful operation of the
motor vehicle to be driven.

(e) Photographs of Applicant. Each ap-
plicant for a driver's permit under this Section
must file with his or her application to recent
photographs of himself or herself of a size that
may be easily attached to a motor vehicle for hire
driver's license. One copy of said photograph
shall be attached to the license when issued, and
carried by such licensed driver at all times when
driving a taxicab or other motor vehicle for hire.
The photograph shall be so attached to the
license that it cannot be removed and another
photograph substituted without detection. Each
licensed driver shall, upon demand by any police
officer or passenger, exhibit his license and pho-
tograph for inspection. The other copy of the
photo shall be filed with the application to the
Police Department.

Sec. 1089.

San Francisco - Police Code

742

(f) Issuance of Permit. After approving
the application, the Chief of Police shall forward
notice of that approval to the Tax Collector, who
shall issue the permit upon payment by the
applicant of the applicable fee.

(g) Badge for Drivers. In addition to the
permits required by this Section, there shall be
furnished to each licensed driver of a taxicab, or
other motor vehicle for hire, upon the presenta-
tion of a driver's annual permit granted by the
Chief of Police, a badge of such form and style as
the Tax Collector may prescribe, with the license
number of such driver thereon, which must,
under penalty of revocation of the license, be
constantly and conspicuously displayed on the
outside of the driver's clothing when engaged in
his or her employment, and shall only be worn by
the person to whom the badge is issued.

In addition thereto, the Tax Collector shall
issue annually, to the person named in such
permit, a driver's annual identification card which
identification card shall be of such design and
lettering as the Tax Collector shall determine.
Separate fees shall be charged for the identifica-
tion card and the driver's badge to cover the cost
of issuance.

(h) Renewal of Driver's Permits. Driver's
licenses and permits shall be issued as of the
first day of January of each year and shall be
valid unless revoked or suspended, up to and
including the 31st day of December, next succeed-
ing. The Chief of Police may cause the renewal of
the driver's license from year to year upon the
filing with the Tax Collector of a statement by
the driver providing his or her current address
and current employer and the payment of the
annual license fee. All driver's licenses and per-
mits which are valid on the effective date of this
Article shall remain in effect and may be re-
newed under this Section. (Added by Ord. 562-
88, App. 12/27/88)

SEC. 1090. REVOCATION OF PERMITS.

(a) Revocation for Cause. Any permit is-
sued under this Article may be suspended or
revoked by the Police Commission for good cause

after a noticed hearing. "Good cause" hereunder
shall include, but shall not be limited to, the
following:

(i) The permittee ceased to be a full-time
driver.

(ii) The permittee failed to pay a permit fee
after notice of nonpayment.

(iii) The permittee or the lessee of the
permittee's permit operated without the insur-
ance required by this Article.

(iv) The permittee or an agent of the per-
mittee knowingly made false statements to or
concealed information from the Police Commis-
sion, the Chief of Police or the Police Depart-
ment.

(v) The permittee has been convicted of any
crime involving moral turpitude.

(vi) The permittee has failed to satisfy any
judgment for damages arising from unlawful or
negligent operation under any permit issued
under this Article.

(vii) The permittee has been convicted of a
misdemeanor under Section 1185 of this Article.

(viii) The permittee violated the Traffic Code
of the City and County of San Francisco or the
Vehicle Code or related laws of the State of
California.

(ix) The permittee violated any applicable
statute, ordinance, rule or regulation pertaining
to the operation or licensing of the vehicles and
services regulated by this Article, including any
rules and regulations enacted by the Chief of
Police pursuant to this Article.

Upon a showing of good cause, the Police
Commission shall have discretion to suspend or
revoke a permit as set forth above, except that a
suspension and/or revocation shall be mandatory
in the circumstances described in Subparts (i)
through (vi) above.

(b) Revocation of More Than One Per-
mit. Where a person violating this Article holds
more than one permit to operate a motor vehicle
for hire in the City and County of San Francisco,
the Police Commission may revoke or suspend
all such permits.

743

Regulations for Motor Vehicles for Hire

Sec. 1092.

Chief of Police may suspend summarily any
permit issued under this Article pending a disci-
plinary hearing before the Police Commission
when in the opinion of said Chief of Police the
public health or safety requires such summary
suspension. Any affected permittee shall be given
notice of such summary suspension in writing
delivered to said permittee in person or by reg-
istered letter. (Added by Ord. 562-88, App. 12/27/
88)

SEC. 1091. INSURANCE REQUIRED.

Unless otherwise provided by ordinance, no
person, firm or corporation, shall operate any
motor vehicle for hire unless and until such
person, firm or corporation shall comply with the
provisions of either Section 1092 or 1094 of this
Article. (Added by Ord. 562-88, App. 12/27/88)

SEC. 1092. FILING INSURANCE
POLICIES OR BOND WITH POLICE
COMMISSION.

(a) Each person, firm or corporation holding
a permit to operate a motor vehicle for hire
pursuant to this Article shall file with the Police
Commission and thereafter keep in full force and
effect a policy of insurance in such form as the
Police Commission may deem proper and ex-
ecuted by an insurer approved by the said Com-
mission insuring the public against any loss or
damage that may result to any person or prop-
erty from the operation of such vehicle or ve-
hicles. Except as provided in Subsections (b)
through (d) of this Section, the minimum amount
of recovery in such policy of insurance shall be
not less than the following sums:

(i) Personal injury to or death of any one
person, $100,000 and subject to the limit of
$100,000 for each person injured or killed,
$450,000 for such injury to, or the death of two or
more persons in any one accident;

(ii) Damage to property, $25,000 for any one
occurrence;

(iii) In lieu of the requirements in (i) and (ii)
above, combined single limit coverage of $500,000.

(b) For vehicles having a seating capacity of
more than 10 persons the limit of liability for
personal injury to, or death of any one person
shall be $50,000 and subject to the limit of
$50,000 for each person injured or killed, $100,000
for such injury to, or death of two or more
persons in any one accident; damages to prop-
erty, $25,000 for any one occurrence.

(c) A person, firm or corporation holding a
permit to operate a motor vehicle fore hire pur-
suant to this Article, may, in lieu of the aforesaid
policy of liability insurance, file with said Com-
mission a bond in such form as the Commission
may deem proper executed by a surety company
duly authorized to do business within the State
of California. The bond shall be conditioned for
the payment of the amounts set forth herein-
above and shall provide for the entry of judgment
on motion of the State in favor of any holder of a
final judgment on account of damages to prop-
erty or injury to any person caused by the
operation of such person's, firm's or corporation's
motor vehicle.

If such person, firm or corporation owns or
offers for hire one or more such motor vehicles,
bonds shall be in the sum as follows:

(i) If only one, $100,000 any one occurrence.

(ii) If more than one but less than six,
$200,000 for any one occurrence.

(iii) If more than five but less than 21,
$450,000 for any one occurrence.

(iv) If more than 20 but less than 61,
$600,000 for any one occurrence.

(v) If more than 60 but less than 101,
$1,000,000 for any one occurrence.

(vi) If more than 100, $3,000,000 any one
occurrence.

Subject to the limits shown for any one oc-
currence, the bond shall be conditioned to pay
$100,000 for injury to any one person and $25,000
for damage of property of any one person.

(d) For vehicles having a seating capacity of
more than 10 persons, said bond shall be in an
amount for any one occurrence which shall be
twice the corresponding amounts as set forth in

Sec. 1092.

San Francisco - Police Code

744

Subsections (c)(i) through (c)(vi) of this Section.
(Added by Ord. 562-88, App. 12/27/88)

SEC. 1093. NEW POLICY TO BE
FURNISHED.

If, at any time, the policy or certificate of
insurance referred to in Sections 1091 and 1092
is cancelled by the issuing company, the insured-
permittee shall report that fact to the Chief of
Police within three days after the insured-
permittee received notice of cancellation. The
permittee shall replace said policy or certificate
with another policy or certificate prior to the
termination of the existing policy or certificate
prior to the termination of the existing policy or
certificate and provide immediate verification of
that replacement policy or certificate to the Chief
of Police. The Chief of Police shall thereafter
review the replacement policy or certificate to
verify that the insurer issuing the replacement
policy or certificate satisfies the provisions of
Section 1092. (Added by Ord. 562-88, App. 12/27/
88)

SEC. 1094. PROVISIONS FOR
SELF-INSURERS.

Any person, firm, corporation, association or
organization of owners of vehicles for hire who
have a certificate of self-insurance from the
State of California pursuant to Sections 16500
and 16056 of the Vehicle Code may file said
certificate together with a policy of insurance
providing excess insurance over self-insurance
retention for single limit of not less than
$1,000,000 applying to bodily injuries or prop-
erty damage or a combination thereof, with the
Police Commission, and shall thereupon be deemed
in compliance with the provisions of Section
1092 of this Article. (Added by Ord. 562-88, App.
12/27/88)

SEC. 1095. INFORMATION TO BE FILED
WITH CHIEF OF POLICE.

(a) Information Re Other Permits. No

person, firm or corporation shall operate or cause
to be operated any motor vehicle for hire, unless
and until such person, firm or corporation shall
file with the Police Commission a sworn state-

ment setting forth the permits and/or certificates
held, or proposed to be acquired, by applicant
from other governmental bodies relating to the
proposed operation, and annually thereafter, and
not later than the first week in May of each year,
and as often as said Commission shall direct, file
a sworn statement setting forth the permits
and/or certificates then held by applicant from
other governmental bodies relating to said op-
eration, together with a sworn statement show-
ing full compliance with all provisions of the
Municipal Code and/or State or federal laws
applicable to said operations. Failure to file such
statement or statements shall constitute a viola-
tion of this Article and shall be deemed a cause
for cancellation of any and all permits to so
operate.

Excepting, however, every person, firm or
corporation having heretofore filed such state-
ment with the Board of Supervisors, shall file
such annual statement as provided herein.

(b) Financial Information. The Control-
ler of the City and County of San Francisco shall
establish rules and regulations for the keeping
and filing of financial statements, and account-
ing books and records, by permittees under this
Article. The purpose of such rules and regula-
tions shall be to provide information to the Board
of Supervisors with respect to maximum rates to
be authorized for motor vehicles for hire and to
the Police Commission for the performance of its
duties under the law. (Added by Ord. 562-88,
App. 12/27/88)

SEC. 1096. CONTINUOUS OPERATION
REQUIRED.

(a) Requirement. All permittees under this
Article shall regularly and daily operate or ar-
range for the operation of their motor vehicle for
hire during each day of the year to the extent
reasonably necessary to meet the public demand
for such motor vehicle for hire service.

(b) Revocation Upon Abandonment.

Upon abandonment of such business for a period
of 10 consecutive days by a permittee or operator,
the Police Commission shall, after five days'
written notice to the permittee or operator, re-

745

Regulations for Motor Vehicles for Hire

Sec. 1102.

voke the permit or permits of such permittee or
operator; except as provided in Subsection (c) of
this Section.

(c) Suspension of Operations. The Police
Commission may, on written application and
following an investigation, grant to the holder of
any permit hereunder permission to suspend
operation pursuant to such permit for a period
not to exceed 90 calendar days in any one 12-
month period in case of sickness, death, or other
similar hardship. Nothing in this Subsection
shall be in conflict with or limit the provisions of
Section 1153 of this Article pertaining to a sus-
pension of operation by a jitney bus permittee.

(d) Motorized Rickshaws. Notwithstand-
ing any contrary provisions of this Section, the
Police Commission is authorized to allow any
motorized rickshaw permittee to suspend opera-
tion during those times when in the judgment of
the Police Commission, public convenience and
necessity would not suffer as a result of the
suspension of such operation. In making such
determination, the Police Commission may con-
sider the average weather conditions during such
period of suspended operations and the availabil-
ity of tourists wishing to use the services offered
by a motorized rickshaw. (Added by Ord. 562-88,
App. 12/27/88)

SEC. 1097. SAFE, CLEAN OPERATION
REQUIRED.

No vehicle licensed as a motor vehicle for hire
shall operate unless it is in a safe operating
condition and has body and seating facilities
which are clean and in good repair. (Added by
Ord. 562-88, App. 12/27/88)

SEC. 1098. SMOKING BY DRIVERS
PROHIBITED.

It shall be unlawful for any driver of a motor
vehicle for hire in the City and County of San
Francisco to smoke any cigar, pipe or cigarette,
or to burn tobacco while passengers are occupy-
ing any of the seats in such vehicle. (Added by
Ord. 562-88, App. 12/27/88)

SEC. 1099. SANITARY CONDITION.

Every person owning or operating, or causing
to be operated, any motor vehicle for hire under
this Article shall thoroughly wash each such
vehicle, when so operated, at least once a week,
and shall also carefully sweep and clean each
vehicle other than a taxicab daily. Whenever
required in writing by the Board of Health of the
City and County of San Francisco, every person
owning or operating, or causing to be operated,
any such vehicle within the limits of said City
and County shall fully disinfect each vehicle so
operated by spraying the vehicle with an effi-
cient disinfectant. (Added by Ord. 562-88, App.
12/27/88)

SEC. 1100. BRAKE INSPECTION.

Before taking any descending grade of five
percent or over, the speed of any motor vehicle
for hire licensed pursuant to this Article other
than a taxicab or motorized rickshaw shall be
reduced so as to test the working of the brakes
thereof. The brakes on all motor vehicles for hire
other than taxicabs and motorized rickshaws
licensed pursuant to this Article shall be in-
spected and tested daily by competent inspectors
employed by the person or persons owning or
operating, or causing to be operated such ve-
hicles. (Added by Ord. 562-88, App. 12/27/88)

SEC. 1101. DRIVING RECKLESSLY OR
UNDER INFLUENCE OF INTOXICANTS
PROHIBITED.

It shall be unlawful for any person who
operates a motor vehicle for hire licensed under
this Article to do so (a) while under the influence
of liquor, or (b) in a reckless and dangerous
manner. (Added by Ord. 562-88, App. 12/27/88)

SEC. 1102. LOADING REGULATED.

It shall be unlawful for any person operating
a motor vehicle for hire licensed pursuant to this
Article to permit that vehicle to remain standing
upon the street for the purpose of loading or
unloading passengers unless the vehicle is within
two feet from the curb. (Added by Ord. 562-88,
App. 12/27/88)

Sec. 1103.

San Francisco - Police Code

746

SEC. 1103. POSTING SCHEDULE OF
RATES.

Every taxicab, jitney and sightseeing bus
shall have permanently affixed to the interior
thereof, in a place readily to be seen by passen-
gers, a frame covered with glass or plastic, en-
closing a card upon which shall be printed in
plain, legible letters the schedule of rates autho-
rized for carriage in such vehicle and such other
provisions of this Article as the Chief of Police
shall prescribe. The said frame and enclosed
card must be approved by the Chief of Police.
(Added by Ord. 562-88, App. 12/27/88)

SEC. 1105. SOLICITATION
PROHIBITED.

(a) It shall be unlawful for any driver of a
motor vehicle for hire, or any person acting in
concert with or on behalf of the driver, to solicit
passengers for the vehicle where the solicitation
is made from any public street, sidewalk, or
other public place.

(b) For purposes of this Section, "motor ve-
hicle for hire" shall include any taxicab, limou-
sine, or other privately owned motor-propelled
passenger-carrying vehicle for hire, regardless of
whether the City and County has or could issue
a permit for that vehicle.

(c) This Section shall not prohibit solicita-
tion of passengers otherwise authorized in con-
nection with cab pooling pursuant to Section
1147.9. (Added by Ord. 72-00, File No. 000416,
App. 4/28/2000)

SEC. 1107. REPORTS OF LOST
PROPERTY.

Drivers and operators of motor vehicles for
hire shall promptly report to the Bureau of
Inspectors of the Police Department within 24
hours all property of value fund in their vehicles
by such drivers or operators or delivered to them
by any person who has found such property.
(Added by Ord. 562-88, App. 12/27/88)

SEC. 1108. PUBLIC STANDS.

The following are hereby designated as pub-
lic stands for licensed taxicabs, limousines and
sightseeing buses:

(a) At or near the entrance to docks and
wharves of passenger-carrying ships and other
vessels;

(b) Railroad depots;

(c) Around such public squares, except Union
Square, as may be designated to the Department
of Public Works from time to time, but not on the
streets, crosswalks or within double lines;

(d) Bus depots;

(e) At or near the entrance to rapid transit
stations; provided, however, that no sightseeing
bus shall be permitted to occupy said stands;

(f) All stands heretofore designated by the
Department of Public Works pursuant to the
provisions of former Section 1117 of this Code;
provided, however, that the Board of Supervisors
may, by resolution, designate the type, or types,
of vehicles which shall be permitted to use any
such stand, and may, by resolution, rescind the
designation of any such stand;

(g) The Board of Supervisors, after notice
has been duly given to the owner of the property
fronting the space where such stand is to be
located, and after public hearing has been held
thereon, may, by resolution, designate such ad-
ditional public stands as it finds necessary for
the convenience of the public, and in its absolute
discretion, may, by resolution, designate the type,
or types of vehicles, including "jitney buses,"
which shall be permitted to use any such stand
or to rescind the designation of any such public
stand. (Added by Ord. 562-88, App. 12/27/88)

SEC. 1109. REGULATING STANDING.

No driver of any taxicab or limousine while
awaiting employment by passengers, shall do
any of the following:

(a) Stand on any public street or place other
than or upon a stand designated or established
in accordance with the provisions of Section 1108
of this Article; or

747

Regulations for Motor Vehicles for Hire

Sec. 1121.

(b) Seek employment by repeatedly and per-
sistently driving his vehicle to and fro for a short
space in front of any theater, hall, hotel, public
resort, railroad or ferry station or other place of
public gathering; or

(c) Interfere with the proper and orderly
access to or egress from any theater, hall, hotel,
public resort, railroad or ferry station or other
place of public gathering. (Added by Ord. 562-88,
App. 12/27/88)

SEC. 1110. FALSE STATEMENTS
PROHIBITED.

It shall be unlawful knowingly to make any
false or misleading representation, or knowingly
to conceal information where this Article re-
quires that information be disclosed, in connec-
tion with the application for, renewal of, or
possible revocation of a permit issued under this
Article. (Added by Ord. 562-88, App. 12/27/88)

DIVISION II
TAXICABS

Permits

SEC. 1120. TAXICAB PERMITS.

It shall be unlawful to own or operate a
taxicab in the City and County of San Francisco
unless a taxicab permit has been issued by the
Police Commission for the operation of that ve-
hicle. Taxicab permits shall be applied for and
issued pursuant to Sections 1079 through 1081
and this Division of this Article. (Added by Ord.
562-88, App. 12/27/88)

SEC. 1121. PERMIT APPLICATIONS;
PREFERENCES; DRIVING EXPERIENCE
REQUIRED.

(a) Submission of Applications; Taxi-
cab Waiting List. Applications for taxicab per-
mits shall be accepted by the Taxi Commission
and shall be recorded by the date and time at
which each application is received. The Commis-
sion shall maintain a list in the order of receipt
("taxicab waiting list") of all taxicab permit ap-
plications that have not been acted upon, in
excess of the number of such permits authorized

pursuant to Section 1079. When a taxicab permit
becomes available for issue and an applicant on
the taxicab waiting list is eligible for a hearing
before the Commission, the Commission shall so
notify the applicant.

Each applicant for a taxicab permit must, at
the time of filing the application:

(1) Be a resident of the United States, of
good moral character;

(2) Be 21 years or older;

(3) Be free of any disease, condition, infir-
mity, or addiction to the use of alcohol or any
controlled substance, which might render the
applicant unfit for the safe operation of a taxicab
or any other motor vehicle for hire;

(4) Be able to read and write the English
language;

(5) Be clean in dress and person;

(6) Hold a valid California driver's license
of a class sufficient for the lawful operation of the
motor vehicle driven; and

(7) Have held a driver's permit pursuant to
Section 1089 of this Article for two years imme-
diately preceding the date of application for a
taxicab permit.

(b) Driving Experience Required. To

qualify for issuance of a taxicab permit, an
otherwise qualified applicant must have the driv-
ing experience specified in subparts (i) — (vi) be-
low, subject to the modification stated in subsec-
tion (c). The required driving may be satisfied
only by driving a taxicab and/or ramped taxi for
which a permit has been issued by the Taxi
Commission. For the purposes of this subsection
(b), the phrase "application heard by the Com-
mission during calendar year" includes an appli-
cation publicly scheduled to be heard in the
calendar year, but continued in that calendar
year to the next calendar year by the Commis-
sion.

(i) For an application heard by the Com-
mission during calendar year 2004: The ap-
plicant must have been a full-time driver during
the 12 months immediately preceding the
Commission's hearing on the application. For
the purposes of this subpart (i), "full-time driver"

Supp. No. 16, April 2008

Sec. 1121.

San Francisco - Police Code

748

shall be defined in accordance with Section 1076(o),
except that the time frame applicable to the
definition is the 12 months immediately preced-
ing the hearing on the application rather than 12
months constituting a calendar year.

(ii) For an application heard by the Com-
mission during calendar year 2005: The ap-
plicant must have been a full-time driver, as
defined in Section 1076(o), during calendar year
2005 or the 12 months immediately preceding
the hearing on the application.

(iii) For an application heard by the
Commission during calendar year 2006: The

applicant must have been a full-time driver, as
defined in Section 1076(o), during calendar year
2005 or 2006.

(iv) For an application heard by the
Commission during calendar year 2007: The

applicant must have been a full-time driver, as
defined in Section 1076(o), during any two cal-
endar years from 2005 to 2007, inclusive.

(v) For an application heard by the Com-
mission during calendar year 2008: The ap-
plicant must have been a full-time driver, as
defined in Section 1076(o), during any three
calendar years from 2005 to 2008, inclusive.

(vi) For an application heard by the
Commission during calendar year 2009: The

applicant must have been a full-time driver, as
defined in Section 1076(o), during any four cal-
endar years from 2005 to 2009, inclusive.

(vii) For an application heard by the
Commission in calendar year 2010 and sub-
sequent calendar years: The applicant must
have been a full-time driver, as defined in Sec-
tion 1076(o), for five years, as specified in Alter-
native 1 or Alternate 2 below.

Alternative 1: The applicant was a full-time
driver during the calendar year immedi-
ately preceding the hearing, and during
four of the five calendar years immediately
preceding that calendar year.

Alternative 2: The applicant was a full-time
driver during the calendar year in which
the application is heard, and during four of
the five calendar years immediately pre-

ceding that calendar year, (viii) When an
applicant seeks credit as a full-time driver
under this subsection (b) for the same
calendar year in which his or her applica-
tion is heard by the Commission, the Com-
mission shall pro-rate the amount of driv-
ing required under Section 1076(o) against
the portion of the calendar year that has
elapsed as of the date of the hearing,
(ix) The Commission may substitute an
equivalent amount of prior full-time driving ex-
perience for the experience required under sub-
sections (b)(i) — (vi) above, where the Commis-
sion determines after a public hearing that the
applicant has been unjustly and systematically
denied employment in the taxi industry in retali-
ation for engaging in legitimate political, expres-
sive, or labor activity. The applicant shall have
the burden of establishing such a claim, and any
such determination shall require a two-thirds'
vote of the Commission.

(c) Modification of Required Driving Ex-
perience. If no applicant has the driving expe-
rience required pursuant to subsections (b)(ii) —
(vi), but public convenience and necessity as
determined pursuant to Section 1079 warrants
issuance of a taxicab permit, the Taxi Commis-
sion may issue the permit to an otherwise quali-
fied applicant who has been a full-time driver
during the 12 months immediately preceding the
Commission's hearing on the application. For
purposes of this first paragraph of subsection (c),
"full-time driver" shall be defined in accordance
with Section 1076(o), except that the time frame
applicable to the definition is the 12 months
immediately preceding the hearing on the appli-
cation rather than 12 months constituting a
calendar year.

The Commission may be regulation establish
additional driving experience required for the
issuance of a taxicab permit under the circum-
stances described in this subsection (c), provided
that the regulation shall require neither greater
driving experience than is required pursuant to
subsections (b)(ii) — (vi) nor driving experience
for any calendar year greater than the driving
experience encompassed in the definition of "full-
time driver in Section 1076(o).

Supp. No. 16, April 2008

749

Regulations for Motor Vehicles for Hire

Sec. 1122.

(d) Educational Requirements. In addi-
tion to meeting the driving requirements in
subsection (b) and (c), applicants must also meet
any educational or training requirements im-
posed by the Taxi Commission.

(e) Burden of Proof on Applicant; Re-
cordkeeping by Applicant. The taxicab per-
mit applicant shall have the burden of showing
that he or she has the driving experience re-
quired to qualify for the taxicab permit. The
applicant shall keep records sufficient to docu-
ment his or her driving for the calendar year or
years necessary to satisfy the driving require-
ment.

(f) Recordkeeping by Color Scheme
Permitholders. Holders of color scheme per-
mits shall maintain and retain records that will
document driving performed by drivers of taxi-
cabs and ramped taxis affiliated with the color
scheme. Within 60 days of the effective date of
this subsection (e), the Taxi Commission shall
adopt a regulation requiring holders of color
scheme permits to maintain and retain such
records for a period of time sufficient to aid the
Commission in determining whether applicants
have met the specific driving requirements man-
dated by subsection (b). Failure of the Commis-
sion to adopt such a regulation, or failure of the
color scheme permitholder to comply with the
regulation, shall not excuse the permit applicant
from the driving requirement or relieve the ap-
plicant from the burden of proving that he or she
has satisfied the requirement.

(g) Notice of Required Driving. Notice of
the driving experience required of taxicab permit
applicants pursuant to subsections (b) and (c)
and of the applicant's burden of proving the
requisite driving experience and maintaining
adequate records pursuant to subsection (d),
shall be given by the City and color scheme
permitholders pursuant to subparts (i) — (iii) be-
low. In accord with Section 1148.1(e), the notice
shall also include information pertaining to
ramped taxi permit applicants. Failure to give
the notice required by subparts (i), (ii), or (iii)
shall not excuse the taxicab permit applicant
from the driving requirement or relieve the ap-

plicant from the burden of proving that he or she
has satisfied the requirement. The Taxi Commis-
sion may provide additional notice beyond that
required by subparts (i) — (iii).

(i) Within 30 days of the effective date of
this subsection (f), the Commission shall give
written notice of the requirements of subsections
(b), (c), and (d) to each applicant on the taxicab
waiting list. Thereafter, the Commission shall
give written notice to each new applicant on the
taxicab permit waiting list on or before the filing
of the application.

(ii) Beginning no later than 30 days after
the effective date of this subsection (f), the Office
of Treasurer and Tax Collector, in consultation
with the Commission, shall give written notice of
the requirements of subsections (b), (c), and (d)
to each person who is obtaining or renewing the
driver of public passenger vehicle permit. Said
notice shall additionally inform the person of the
existence of the taxicab waiting list and the
process for getting on the list.

(iii) Within 20 days of the effective date of
this subsection (f), the Commission shall adopt a
regulation requiring each holder of a color scheme
permit to post written notice of the requirements
of subsections (b), (c), and (d) at a location at the
color scheme's place of business that is ordinarily
within the view of working taxi drivers affiliated
with the color scheme. (Added by Ord. 562-88,
App. 12/27/88; amended by Ord. 111-04, File No.
040343, App. 7/1/2004; amended by Ord. 58-08,
File No. 080231, App. 4/10/2008)

SEC. 1122. ELIGIBILITY FOR TAXICAB
PERMITS.

Before issuing a taxicab permit, the Police
Commission shall consider the criteria set forth
in Section 1081 of this Article. In addition, before
issuing a taxicab permit, the Police Commission
must determine that:

(a) The applicant will be a full-time driver;

(b) The applicant will operate said permit
under or in association with a licensed taxicab
dispatch service with radio-dispatch capability
as defined in Section 1076(d) of this Article; and

Supp. No. 16, April 2008

Sec. 1122.

San Francisco - Police Code

750

(c) The applicant holds a driver's permit
pursuant to Section 1089 of this Article. (Added
by Ord. 562-88, App. 12/27/88)

SEC. 1123. RADIO DISPATCH
CAPABILITY.

(a) Radio Required. Commencing 60 days
after the effective date of this Article, it shall be
unlawful for any taxicab licensed pursuant to
this Article to be operated without a radio per-
mitting two-way communication with a taxicab
dispatch service licensed pursuant to this Ar-
ticle.

(b) Affiliation with Taxicab Dispatch
Service Required. Prior to the issuance of a
taxicab permit, every applicant for such a permit
shall file with the Police Commission a state-
ment, giving the name, address, and phone num-
ber of the taxicab dispatch service through which
taxicab service is to be made available to the
public pursuant to the permit for which applica-
tion has been made. Within 60 days of the
effective date of this Article, such a statement
shall be filed for each permit outstanding on the
effective date of this Article. No permit shall be
registered to more than one radio-dispatch ser-
vice. Notice of any change of taxicab dispatch
service affiliation must be given to the Police
Commission in writing by the taxicab permittee
within 10 days of the effective date thereof.
(Added by Ord. 562-88, App. 12/27/88)

SEC. 1124. LEASE OF TAXICAB PERMIT.

Provided that a taxicab permit is operated in
compliance with all other applicable statutes,
laws, rules and regulations, a taxicab permittee
may operate his or her permit by authorizing
another to drive or operate pursuant to said
permit under any otherwise lawful lease, employ-
ment, or other agreement. A true and correct
copy of such lease, employment, or other agree-
ment shall be filed by the permit holder with the
Chief of Police within 10 days of the execution of
that agreement. Nothing in this Section shall be
deemed to modify, limit or excuse the obligations
of any permittee pursuant to the provisions of
Section 1123 of this Article. (Added by Ord.
562-88, App. 12/27/88)

SEC. 1124.5. EMPLOYEE STATUS FOR
DRIVERS.

(a) Notwithstanding the provisions of Sec-
tion 1124, no person shall drive a taxicab who is
not either the permit-holder for that taxicab, an
employee of the permit-holder, or an employee of
the color scheme permit-holder for that taxicab.
No taxicab permit-holder or color scheme permit-
holder shall cause or permit any person to drive
a taxicab pursuant to that taxicab permit who is
not either the permit-holder for that taxicab, an
employee of the permit-holder, or an employee of
the color scheme permit-holder for that taxicab.
For purposes of this Section, "taxicab" shall
include a ramped taxicab.

o (b) The provisions of Subsection (a) shall
not take effect unless and until the Board of
Supervisors accepts the petition provided for in
Subsection (c).

(c) Any person may submit to the Board of
Supervisors a petition signed by more than 50
percent of all full-time and regular part-time
licensed taxicab drivers in the City, other than
taxicab permit-holders, stating that the signer
wishes to drive as an employee pursuant to
Subdivision (a) of this section. The following
rules and procedures shall apply to any such
petition:

(1) The total number of full-time and regu-
lar part-time drivers shall be computed on the
basis of 2.5 eligible drivers for each full-time
taxicab permit issued. A "regular part-time driver"
shall be defined as a driver who drives less than
five full shifts but at least two full shifts per
week.

(2) No signature on any such petition shall
be valid if signed more than six months prior to
submission of the petition to the Board of Super-
visors. All signatures collected shall be submit-
ted to the Taxi Commission for verification at the
same time.

(3) Each signature shall include the driver's
badge number. Upon submission of the petition,
the Police Department shall provide the Board of
Supervisors with the names and badge numbers
of qualified drivers for the six-month period
during which the signatures were collected.

Supp. No. 16, April 2008

750.1 Regulations for Motor Vehicles for Hire Sec. 1124.5.

(d) The Board of Supervisors, or a commit-
tee designated by the President of the Board,
shall by motion accept the petition if it deter-
mines that the petition has been circulated and
signatures obtained in a fair and reliable man-
ner and that the petition represents an accurate
and reliable measure of the wishes of the major-
ity of the taxicab drivers. The provisions of
Subsection (a) shall take effect 30 days after the
Board accepts the petition pursuant to this sub-
section.

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751

Regulations for Motor Vehicles for Hire

Sec. 1127.

(e) No person shall interfere with, restrain,
coerce or retaliate against any other individual
for engaging in the solicitation of signatures or
other related activities pursuant to this Section.
Violation of any provision of this Section may
constitute good cause to suspend or revoke a
permit pursuant to Section 1090 of this Article.
(Added by Ord. 366-98, App. 12/18/98)

SEC. 1125. TAXICAB COLOR SCHEMES;
ADOPTION; PERMITS; CHANGES.

(a) Color Scheme Required. Upon the
issuance of a taxicab permit, every taxicab per-
mittee shall adopt a distinguishing taxicab color
scheme that has been approved by the Taxi
Commission pursuant to Subsection (b) of this
Section. The taxicab permittee's choice of color
scheme shall be subject to the approval of the
Taxi Commission, which approval shall be given
except when it clearly would not be in the public
interest to do so.

(b) Color Scheme Permits. Any holder of
a taxicab permit or a taxicab dispatch service
permit under this Article may apply to the Taxi
Commission for taxicab color scheme permit pur-
suant to Section 1080 of this Article. That permit
shall entitle the holder to the exclusive rights to
the use of that taxicab color scheme for taxicabs
licensed pursuant to this Article; provided, how-
ever, that the permittee under this Subsection
may authorize taxicab permit holders to adopt
the licensed taxicab color scheme, as set forth in
Subsection (a). Notwithstanding the provisions
of Section 1083 of this Article (nontransferability
of permits), the permits issued pursuant to this
Section are transferable, subject to the approval
of the Taxi Commission, who shall determine
that the proposed transferee meets the criteria
set forth in Section 1081 of this Article. The
permittee shall give notice to the Taxi Commis-
sion of any intended transfer at least 14 days
prior to any such transfer. Applicants for permits
authorized by this Section, as well as for color
scheme changes and renewal of permits, shall
pay to the City and County of San Francisco a
sum set by ordinance to cover the costs of adver-
tising, investigating, and processing the applica-
tion for each permit.

(c) Existing Color Scheme. All persons
and entities who, prior to the effective date of
Ordinance 562-88, have obtained permission from
the Chief of Police to use a taxicab color scheme
are hereby deemed to be permittees under this
Section; provided, however, that such persons or
entities shall hereafter pay to the Chief of Police
the taxicab color scheme permit fee as estab-
lished by the Chief of Police.

(d) Change of Color Scheme. It shall be
unlawful for any taxicab permittee or operator to
make or cause to be made any change whatso-
ever in the distinguishing color scheme of any
taxicab without the prior written approval of the
Taxi Commission, which approval shall be given
except when it clearly would not be in the public
interest to do so. No change in distinguishing
taxicab color scheme shall be allowed if such
change will result in the discontinuance, inter-
ruption or reduction of radio-dispatched taxicab
service, and the Taxi Commission shall consider
the impact of a proposed change of distinguish-
ing taxicab color scheme upon the quantity and
quality of radio-dispatched taxicab service or
paratransit service available to the public before
allowing any such change. (Added by Ord. 562-
88, App. 12/27/88; amended by Ord. 88-99, File
No. 981443, App. 4/30/99; Ord. 100-04, File No.
040301, App. 6/4/2004)

SEC. 1126. NAME ON VEHICLE.

Every taxicab licensed pursuant to this Ar-
ticle shall have the name under which the owner
operates painted in letters at least two inches in
height on the side doors of each side of the
vehicle. (Added by Ord. 562-88, App. 12/27/88)

SEC. 1127. TAXICAB DISPATCH
SERVICE PERMITS.

(a) Permit Required. It shall be unlawful
to own or operate a taxicab dispatch service in
the City and County of San Francisco unless a
permit has been issued by the Police Commis-
sion for the operation of that service pursuant to
the provisions of this Article. Applications for
such permits shall be made pursuant to the
provisions of Section 1080 of this Article.

Supp. No. 14, February 2008

Sec. 1127.

San Francisco - Police Code

752

(b) Permits Transferable. Notwithstand-
ing the provisions of Section 1083 of this Article,
the permits issued pursuant to this Section are
transferable, subject to the approval of the Chief
of Police, who shall determine that the proposed
transferee meets the criteria set forth in Section
1081 of this Article. The permittee shall give
notice to the Chief of Police of any intended
transfer at least 30 days prior to any such
transfer. (Added by Ord. 562-88, App. 12/27/88)

Regulations Governing Operations

SEC. 1135. RATES FOR TAXICABS.

(a) The rates of fare for taxicabs shall be as
follows: $2.85 for the first fifth of a mile or "flag";
$0.45 for each additional fifth of a mile or frac-
tion thereof; $0.45 for each one minute of waiting
or traffic delay time. The aforementioned rates of
fare for taxicabs shall become operative on Janu-
ary 1, 2003 or, if the effective date of the Ordi-
nance creating the higher cap on gate fees pro-
vided for in Section 1135.1(b) of this Article
occurs thereafter, on the effective date of that
Ordinance. For out-of-town trips exceeding 15
miles beyond City limits, the fare will be 150
percent of the metered rate; for trips exceeding
15 miles from San Francisco International Air-
port and not terminating within the City limits
of San Francisco, the fare will be 150 percent of
the metered rate except for those trips from San
Francisco International Airport traversing through
San Francisco going to Marin County or to the
East Bay the 15-mile limit will apply from the
City limits of San Francisco as set forth above.
For taxicab trips originating at San Francisco
International Airport that incur an airport trip
fee, the taxicab driver may collect $2.00 of that
trip fee from the passenger upon receipt of cab
fare from the passenger.

(b) The driver of a public passenger vehicle
may transport two or more passengers who vol-
untarily agree to share the vehicle from the same
boarding point to one destination point. Each
passenger shall pay a fare at the destination
point in an amount equal to the total fare divided
by the number of passengers sharing the ride.

(c) A passenger who first engages a public
passenger vehicle has the exclusive right to
conveyance therein to his or her destination. The
driver shall not solicit or accept any additional
passenger without the prior consent of any pas-
senger who has previously engaged the vehicle.

(d) It shall be unlawful for any taxicab
operator or taxicab dispatch service to levy an
administrative fee, service charge, processing
fee, or other surcharge on drivers of taxicabs for
trips paid with scrip, credit cards or other non-
cash tender. (Added by Ord. 562-88, App. 12/27/
88; amended by Ord. 245-91, App. 6/26/91; Ord.
114-96, App. 3/13/96; Ord. 213-97, App. 6/6/97;
Ord. 188-98, App. 6/12/98; Ord. 136-00, File No.
000391, App. 6/16/2000; Ord. 84-02, File No.
011716, App. 5/31/2002; Ord. 228-02, File No.
020678, App. 12/5/2002)

SEC. 1135.1. GATE FEES.

(a) Cap on Gate Fees. The mean gate fee
charged drivers by a taxicab company may not
exceed $96.50 for a shift of 10 hours or longer.
The cap shall be prorated at $9.65 per hour for
shifts shorter than 10 hours. The mean gate fee
shall be determined by adding together the gate
fees charged by the company for all available
shifts during one week and dividing that total by
the number of available shifts during the week.

(b) "Gate Fee" Defined. For the purposes
of this Section, "gate fee" shall mean any mon-
etary fee or other charge or consideration, or any
combination thereof, required of a driver other
than a permit-holder for the privilege of driving
a taxicab during a particular shift, or for any
period of time, including receipt of all services
provided in connection with such privilege,
whether said fee is set by contract, lease or other
agreement, orally or in writing, and whether
said fee is paid by the driver as a flat rate, as a
commission on receipts from fares, or as a speci-
fied fee for any other purpose.

(c) Regulations; Penalties. The Taxi Com-
mission may, from time to time and after a
noticed public hearing, adopt regulations to carry
out the purposes of this Section. Violation of any
provision of this Section, or of any regulation

Supp. No. 14, February 2008

753

Regulations for Motor Vehicles for Hire

Sec. 1135.3.

adopted pursuant to this Section, may be cause
for revocation or suspension of any permit granted
to the violator by the City and County related to
the operation of taxicabs or other motor vehicles
for hire, or for the imposition of any other pen-
alties authorized under this Article.

(d) Ratifying Gate Fees Actually Charged
Up to $91.50 Between January 1, 2003 and
October 27, 2006. The average gate fees charged
to taxi drivers by taxicab companies from Janu-
ary 1, 2003 through October 27, 2006 and not
exceeding an average of $91.50 for a shift often
hours or longer are hereby declared to be fair,
reasonable, and in compliance with any appli-
cable provision of this Section 1135.1 during that
period. (Added by Ord. 362-98, App. 12/18/98;
amended by Ord. 228-02, File No. 020678, App.
12/5/2002; Ord. 204-03, File No. 030998, App.
8/8/2003; Ord. 256-03, File No. 031608, App.
11/7/2003; Ord. 26-08, File No. 071371, App.
3/6/2008)

SEC. 1135.2. GATE FEE SURCHARGE
FOR LOW EMISSION VEHICLES.

(a) Gate Fee Surcharge. Notwithstand-
ing any provision of Police Code Section 1135.1,
including the cap on gate fees imposed pursuant
to that section, a taxicab company may collect a
surcharge of $7.50 on any gate fee charged for
use of a low emission vehicle, subject to the
requirements of this Section. The surcharge shall
be for a shift of ten hours or longer, and shall be
prorated at $0.75 per hour for shifts shorter than
ten hours. The surcharge shall be in addition to
the company's basic gate fee and any other
surcharges, increases, or adjustments to the gate
fee cap authorized by the City, and may be
collected for the life of the vehicle.

(b) Definition of "Low Emission Ve-
hicle." For purposes of this Section, "low emis-
sion vehicle" means a taxicab vehicle approved
by the Taxi Commission that is rated as SULEV
(Super Ultra Low Emission Vehicle) or better by
the California Air Resources Board. "Low emis-
sion vehicle" shall also include a vehicle that is
rated as ULEV (Ultra Low Emission Vehicle) if
that vehicle was approved by the Taxi Commis-

sion and placed into service as a San Francisco
taxi prior to January 1, 2008. (Added by Ord.
26-08, File No. 071371, App. 3/6/2008)
Editor's Note:

Section 2 of Ord. 26-08, File No, 071371, Approved
March 6, 2008, repealed former Section 1135.2, which
pertained to lease fees. Section 3 of said ordinance
enacted provisions designated as a new Section 1135.2
to read as herein set out.

SEC. 1135.3. REDUCED EMISSIONS BY
COMPANY.

(a) Green Vehicle Guide. Every year by
April 1, the Department of the Environment, in
consultation with the Taxi Commission, shall
prepare and publicize a "Green Vehicle Guide."
The guide shall list vehicles appropriate for use
as taxis with emission levels that will allow the
City to achieve its overall goal of a 20 percent
reduction in taxi fleet greenhouse gas emissions
from 1990 levels by the year 2012. The guide
shall also identify available funding sources and
incentives for such vehicles.

(b) Company Emission Reduction Plans:
Progress Reports. On June 1, 2008, and every
year thereafter until June 1, 2010, each holder of
a color scheme permit under Section 1125 shall
submit to the Taxi Commission a written plan on
how the color scheme will reduce or maintain its
average per vehicle greenhouse gas emissions
consistent with an overall 20 percent reduction
in taxi fleet greenhouse gas emissions from 1990
levels by the year 2012. The plan shall provide
for spreading any reductions out evenly over
each of the three years. Ramp taxis operated by
the color scheme shall not be included in calcu-
lation of the color scheme's average per vehicle
greenhouse gas emissions.

On June 1, 2009, and every year thereafter
until June 1, 2011, each holder of a color scheme
permit shall submit to the Taxi Commission a
written report on the steps the color scheme has
taken in the preceding year to carry out its
emissions reduction plan and the results of those
efforts.

(c) On-Going Emission Reductions. Be-
ginning on June 1, 2011, each holder of a color
scheme permit shall maintain average per ve-

Supp. No. 14, February 2008

Sec. 1135.3.

San Francisco - Police Code

754

hide greenhouse gas emissions at a level set by
the Department of the Environment, in consul-
tation with the Taxi Commission, that will allow
the City to achieve its overall goal of a 20 percent
reduction in taxi fleet greenhouse gas emissions
from 1990 levels by the year 2012. Ramp taxis
operated by the color scheme shall not be in-
cluded in calculation of the color scheme's aver-
age per vehicle greenhouse gas emissions.

(d) Implementation and Enforcement.
Beginning July 1, 2008, the Taxi Commission
shall consider the goals and requirements of this
Section in deciding whether to approve any ve-
hicle being put into service as a San Francisco
taxi that is not included on that year's "Green
Vehicle Guide" list of approved green vehicles
under subsection (a).

The Taxi Commission may adopt rules and
regulations to implement this Section. The Taxi
Commission may reject as incomplete or insuffi-
cient any emissions reduction plan submitted
under subsection (a) or progress report submit-
ted under subsection (b), and the color scheme
shall be required to resubmit the plan or report
within the time period set by the Commission.
Failure to comply with this Section may subject
the holder of the color scheme permit to admin-
istrative discipline, including suspension or re-
vocation of the permit. (Added by Ord. 26-08,
File No. 071371, App. 3/6/2008)

SEC. 1136. RATES FOR BAGGAGE.

The driver of any taxicab shall be entitled to
charge an additional amount not to exceed $1 for
each trunk and for luggage that cannot be con-
veyed either in the passenger compartment of
the vehicle or in the vehicle's trunk with the
trunk-lid closed. Each passenger shall be en-
titled to have conveyed without charge such
valise or small package as can be conveniently
carried within the vehicle. Other than the charges
authorized by this Section, no charge shall be
made by the driver for loading or unloading
baggage. (Added by Ord. 562-88, App. 12/27/88)

SEC. 1137. REVIEW OF RATES OF FARE
AND CAP ON GATE FEES.

The rates provided in Sections 1135 and 1136
of this Article and the cap on gate fees provided

in Section 1135.1 of this Article shall be reviewed
by the Controller in even-numbered years, begin-
ning with 2004. Not later than August 1st of each
even-numbered year, the Controller shall trans-
mit to the Board of Supervisors a determination
as to increases or decreases in the rates of fare

Supp. No. 14, February 2008

755

Regulations for Motor Vehicles for Hire

Sec. 1137.5.

for taxicabs and an increase or decrease in the
cap on gate fees shall be based upon changes in
the Consumer Price Index since January 1, 2003,
and related information submitted to the Con-
troller pursuant to Section 1095(b) of this Ar-
ticle. In addition, the Controller's August 1, 2004
determination both as to increases or decreases
in the rates of fare for taxicabs and as to an
increase or decrease in the cap on gate fees shall
include appropriate adjustments to ensure, in
accordance with the procedure provided for in
Section 1137.5 of this Article, that appropriate
sums are collected to offset the increased monthly
cost of paratransit scrip incurred by the paratran-
sit program, except if the voters of the City and
County of San Francisco have reauthorized a
new sales tax to fund transportation.

The Controller's determination as to in-
creases or decreases in the rates of fare for
taxicabs and an increase or decrease in the cap
on gate fees shall take effect on November 1 of
the even-numbered year in which the Controller
makes the determination, and shall remain in
effect through October 31 of the next even-
numbered year, unless the following events oc-
cur: (i) By September 1 of the even-numbered
year in which the Controller makes the determi-
nation the Board of Supervisors by resolution
determines that the Board, or a committee thereof,
should hold a hearing on the Controller's deter-
mination; (ii) by October 1 of that year a hearing
is held in accordance with the aforementioned
resolution; and (iii) by October 31 of that year
the Board adopts a resolution disapproving or
modifying the Controller's determination. Any
resolution modifying the Controller's determina-
tion shall be based upon changes in the Con-
sumer Price Index, costs recently incurred and
expected to be incurred by drivers and color
scheme permitholders, projected income of driv-
ers and projected revenues of color scheme
permitholders, and local economic conditions. If
all three events occur, the Controller's determi-
nation shall not go into effect on November 1 of
that year.

The Controller's determination as to in-
creases or decreases in the rates of fare for
taxicabs and an increase or decrease in the cap

on gate fees shall, beginning January 1, 2006,
treat the higher mean gate fee cap of $91.50,
provided for in Section 1135.1(b), as if it were
$90.00 when instituted, and treat the higher
meter rate of $2.85 for the first fifth of a mile or
"flag," as provided for in Section 1135(a), as if it
were $2.75 when instituted. In addition, the
Controller's determination as to increases or
decreases in the rates of fare for taxicabs and an
increase or decrease in the cap on gate fees shall,
beginning January 1, 2006, make a similar ac-
counting for any adjustments made in the
Controller's August 1, 2004 determination de-
signed to offset increased costs to the paratransit
program arising from further increases in meter
rates.

In cases where the holder of more than one
permit to operate a sedan, limousine or taxicab
fails to render a financial report within the time
prescribed and in such form as the Controller
may request, for the purpose of reviewing the
rates of fare for taxicabs and the cap on gate fees
and making a determination as to increases or
decreases in the rates of fare for taxicabs and an
increase or decrease in the cap on gate fees, such
failure shall be a basis for cancellation of such
permits by the Taxi Commission, provided such
cancellation is approved by the Board of Super-
visors. (Added by Ord. 562-88, App. 12/27/88;
amended by Ord. 188-98, App. 6/12/98; Ord.
228-02, File No. 020678, App. 12/5/2002)

SEC. 1137.5. INCREASED COST OF
PARATRANSIT PROGRAM.

From January 1, 2003 through June 30,
2006, MUNI shall calculate on a monthly basis
the increased cost of paratransit scrip incurred
by the paratransit program as a result of the
increase in rates of fare for taxicabs provided for
in this Ordinance or any increase in rates of fare
for taxicabs resulting from the Controller's de-
termination or any modification thereof as pro-
vided for in Section 1137. The increased monthly
cost of paratransit scrip shall be divided equally
among all taxicab permits in operation, to achieve
an average increased cost per taxicab permit for
each month. From January 1, 2003 through June
30, 2006, that cost shall be allocated to color

Supp. No. 1, September 2006

Sec. 1137.5.

San Francisco - Police Code

756

scheme permitholders on a monthly pro rata
basis, dependent on the number of taxicab per-
mits affiliated with each color scheme. By Janu-
ary 15, 2003, the Taxi Commission shall adopt
procedures for calculating and collecting appro-
priate sums from color scheme permitholders to
offset the increased monthly cost of paratransit
scrip incurred by the paratransit program. If the
voters of the City and County of San Francisco
reauthorize a new sales tax to fund transporta-
tion, the Board of Supervisors shall convene a
hearing to consider whether it is necessary to
continue the program designed to offset MUNI's
increased paratransit costs pursuant to this Sec-
tion. (Added by Ord. 228-02, File No. 020678,
App. 12/5/2002; Ord. 118-06, File No. 060708,
App. 6/14/2006)

SEC. 1138. WAYBILL.

Drivers of taxicabs and motorized rickshaws
shall keep an accurate and legible waybill, which
waybill shall set forth the following information:

(a) Date of waybill;

(b) Driver's name;

(d) Number of medallion issued by the Po-
lice Department;

(e) Time driver began for period covered by
waybill;

(f) Starting mileage of the taxicab for period
covered by waybill;

(g) Starting meter units for the period cov-
ered by the waybill;

(h) Ending time for the period covered by
the waybill;

(i) Ending mileage of the taxicab for the
period covered by the waybill;

(j) Ending meter units for the period cov-
ered by the waybill;

(k) Number of passengers for each trip;

(1) The origin and destination of each trip;

(m) The charges authorized and made for
each trip;

(n) The time of hire and discharge for each
trip.

The waybill shall be retained for a period of
one year at the business address of the owner of
the permit. Said waybills shall be available for
inspection by any police officer during normal
business hours. (Added by Ord. 562-88, App.
12/27/88)

SEC. 1139. EMERGENCY RATES FOR
TAXICABS.

During any period of emergency, strike or
other impairment or lack of municipal railway
transportation, declared by the Mayor and affect-
ing the entire City or any part thereof, taxicab
operators shall accept passengers traveling in
the same general direction, though each passen-
ger or passengers may have differing points of
pickup or discharge. At each stop for the pickup
or discharge of a passenger or passengers, the
taxicab operator shall collect, or tabulate for
later collection at the passenger's point of dis-
charge, the pro-rata share of the amount due as
indicated by the meter, and said meter shall then
be reset. The rates shall be those set forth in
Section 1135. (Added by Ord. 562-88, App. 12/27/
88)

SEC. 1140. TAXIMETERS.

(a) Use of Inaccurate Taximeters Pro-
hibited. The use of any inaccurate taximeter or
other measuring instrument for the purpose of
gauging or indicating distance traveled, or wait-
ing time, or for the purpose of fixing rates to be
collected from the public, is hereby prohibited,
and it shall be the duty of the owner or lessee in
possession of any motor vehicle for hire to which
there is attached any taximeter or other measur-
ing instrument, to at all times keep said taxime-
ter or other measuring instrument accurate.

(b) Inspection of Taximeters. Every taxi-
meter or other measuring instrument used for
the purpose of gauging or indicating distance

Supp. No. 1, September 2006

757

Regulations for Motor Vehicles for Hire

Sec. 1142.

traveled or waiting time or for the purpose of
computing fares to be collected from the public
shall be subject to inspection at all times by the
Chief of Police or his authorized representative.
The Chief of Police may at any time detail police
officers to inspect any or all taximeters or other
measuring instruments so used when in his
opinion such instruments are inaccurate. Any
police officer is directed, upon complaint of any
person that the fare charged is more than the
legal fare, to investigate and report such com-
plaint immediately to the Chief of Police who
shall cause the taximeter or other measuring
instrument upon the motor vehicle complained
of to be at once inspected. Any person, firm or
corporation who, with knowledge of such fact
maintains any taximeter or other measuring
instrument which registers charges in excess of
the legal fare and collects such fare, is subject to
revocation of license.

(c) Illuminating Devices. Each motor ve-
hicle to which there is attached a taximeter,
while in use in the City and County of San
Francisco, for the transportation of passengers
for hire, shall be equipped with an efficient
illuminating device, either flexible or fixed, so
arranged as to enable the passenger or passen-
gers to conveniently observe the meter and the
amount of fare registered thereon.

(d) Operation Without Approved Taxi-
meters Prohibited. It shall be unlawful for any
driver or operator of any motor vehicle for hire in
soliciting trade from the public to represent his
vehicle as a taxicab or sedan unless it is equipped
with a taximeter in working order, duly in-
spected and approved as in this Section pro-
vided, and unless such vehicle conforms in other
respects to the definition of taxicab and sedan in
this Article contained. (Added by Ord. 562-88,
App. 12/27/88)

SEC. 1141. DISAGREEMENT AS TO
FARE; RECEIPT.

(a) Decision of Officer. In any case of
disagreement between the driver and passenger
of a motor vehicle for hire relative to the legal
fare to be paid, the driver shall convey the
passenger to the nearest police station, where

the officer in charge shall immediately decide
the case, and if the decision is in favor of the
passenger, the driver shall convey the passenger
from the police station to his original destination
without additional charge; if the passenger is
about to leave the City by railroad, steamboat or
otherwise, the police officer on duty at the depot
or wharf shall decide the case.

(b) Receipts for Fare to be Delivered to
Passenger. All drivers or operators of motor
vehicles for hire, upon the demand of any pas-
senger, shall give a receipt for fare paid, such
receipt to be in a form satisfactory to the Chief of
Police. (Added by Ord. 562-88, App. 12/27/88)

SEC. 1142. REFUSAL TO CONVEY;
EXCESSIVE CHARGES.

(a) Refusal to Convey. It shall be unlaw-
ful for the owner, lessee or driver of any taxicab
operating under permit issued by the police
authority of the City and County of San Fran-
cisco, to fail or refuse, or to permit the failure or
refusal, when in service and not otherwise en-
gaged for hire, to transport to his announced
destination within the City and County of San
Francisco at rates authorized in this Article, any
person who presents himself for carriage in a
sober and orderly manner and for a lawful pur-
pose.

(b) Excessive Charges. Any charge made,
or sought to be made, any patron of a motor
vehicle for hire in excess of the charges autho-
rized by this Article for the particular type of
service rendered or sought, when shown either
by confession of the party, or competent testi-
mony, or any failure on the part of any driver or
operator of any motor vehicle for hire to make
proper returns to his employer, shall result in
immediate suspension of the license of such
driver or operator until such times as, after due
process, such license is either reinstated or re-
voked. Either the person, or the employer of a
person, responsible for any overcharge shall be
required to make restitution to any defrauded
patron, for the amount of such overcharge. (Added
by Ord. 562-88, App. 12/27/88)

Sec. 1143.

San Francisco - Police Code

758

SEC. 1143. REFUSAL TO CONVEY;
REFUSAL TO OBEY POSTED "NO
SMOKING" SIGN.

Notwithstanding the provisions of Section
1141 of this Article, a taxicab driver who has
posted a "no smoking" sign or symbol in the
vehicle in accordance with Section 53 of this
Police code may refuse to convey any person who
refuses to obey the "no smoking" sign; provided,
however, that the taxicab driver brings the "no
smoking" sign or symbol to the attention of said
person before he or she enters the taxicab. (Added
by Ord. 562-88, App. 12/27/88)

SEC. 1144. TAXIMETER OPERATION.

(a) Operating a Taxi with Taximeter in
Recording Position Prohibited. It shall be
unlawful for any driver or operator of any motor
vehicle equipped with a taximeter to set the
taximeter in operation when such vehicle is not
actually employed.

(b) Driver Required to Set Taximeter in
a Nonrecording Position. It shall be unlawful
for any driver or operator of any motor vehicle
equipped with a taximeter to fail to set the
taximeter to a nonrecording position at the ter-
mination of each and every service and to call the
attention of the passenger to the amount regis-
tered.

(c) Requiring Taximeter to be Actu-
ated. Except as provided in Section 1135(b) of
this Code, it shall be unlawful for any driver or
operator of any motor vehicle equipped with a
taximeter, while carrying passengers or under
employment, to fail to activate the taximeter, or
activate the taximeter in such position as to
denote that he or she is employed at a rate of fare
different from that authorized under the provi-
sions of this Article. (Added by Ord. 562-88, App.
12/27/88)

SEC. 1145. PENALTY FOR REFUSAL TO
PAY FARE.

Except where credit is extended, any person
who shall fail or refuse to pay, at the end of the
trip, or the termination or discharge of service,
the legal fare for a motor vehicle for hire, that he

has hired, shall be guilty of a misdemeanor, and
upon conviction thereof, in addition to the pen-
alty provided for the violation of Section 1185 of
this Article, shall be compelled to pay to the
driver of said vehicle an amount equal to the
legal fare, and in case any bail required is
forfeited, the amount of the legal fare shall be
paid to the driver from such amount forfeited,
and the Court or Judge, before whom the case is
heard, shall order the same to be paid from the
treasury of the City and County. (Added by Ord.
562-88, App. 12/27/88)

SEC. 1146. DEDUCTION FOR TIME
WHILE DISABLED.

In the event that a taxicab, while conveying
for hire any passenger or passengers, becomes
disabled, or breaks down, the time of stoppage
shall be deducted from the time charged for.
(Added by Ord. 562-88, App. 12/27/88)

SEC. 1147. PURPOSE.

It is the purpose of Sections 1147 through
1147.6 of this Article to require all persons, firms
or corporations holding taxicab permits pursu-
ant to Section 1120 of this Article, and all per-
sons applying for driver's permits pursuant to
Section 1089 of this Article, to take steps to
improve taxicab services to the public and to
protect the public health and safety when pro-
viding such services. (Added by Ord. 76-94, App.
2/18/94)

SEC. 1147.1. DRIVER EDUCATION.

All new applicants for permits to drive taxi-
cabs pursuant to Section 1089 of this Article
shall certify that they have successfully com-
pleted a driver training course. The course may
be offered by the San Francisco Police Depart-
ment, City College of San Francisco, or by any
other such educational entity that the Chief of
Police may approve. The required course length
is 16 hours of classes. The course shall consist of
classes on the following subjects: crime preven-
tion; vehicular safety; the geography of the City
and County of San Francisco; taxicab rules and
regulations; the California Motor Vehicle Code;
pedestrian safety; and any other subject that the

759

Regulations for Motor Vehicles for Hire

Sec. 1147.4.

Chief of Police may determine is relevant to the
public health and safety in the operation of
taxicabs. Within 60 days of the effective date of
this ordinance, the Chief of Police shall adopt
regulations setting forth the required course
length and content. After adoption of such regu-
lations, the Chief of Police shall approve or
disapprove, within 30 days of submission, any
entity's proposal to offer the required driver
training course. The requirement that new ap-
plicants certify completion of a driver training
course will take effect 60 days after the date
upon which a course approved by the Chief of
Police is first offered. The Chief of Police also
may require all taxicab permit holders to furnish
to all persons authorized by Section 1124 of this
Article to drive under their permits any informa-
tion on taxicab crime that the Chief of Police
deems advisable for the purpose of crime preven-
tion and public safety. (Added by Ord. 76-94,
App. 2/18/94)

SEC. 1147.2. SAFETY EQUIPMENT.

(a) Within 180 days of the effective date of
this ordinance, all vehicles newly placed into
service as a taxicab must be equipped with
automatic door locks that can be controlled by
the driver. Also within 180 days of the effective
date of this ordinance, all taxicab radios permit-
ting two-way communication with a licensed
dispatch service as required by Section 1123 of
this Article must also allow for direct voice access
to the taxicab dispatch service in an emergency.
In addition, within 180 days of the effective date
of this ordinance, except for taxicabs that are
solely operated by the permit holder and those
operated as ramped taxis, all taxicab color schemes
shall ensure that a minimum of 50% of their
taxicabs are equipped with a retractable safety
partition that is controlled by the driver and that
forms a complete barrier between the front and
rear seats. A retractable safety partition shall be
made available to any driver who requests one in
his or her taxicab, and no retaliation or discrimi-
natory action shall be taken against any driver
who requests a retractable safety partition. No

taxicab driver operating a taxicab with a safety
shield may refuse to transport a disabled person
in the front seat.

(b) The Chief of Police shall have the au-
thority to promulgate as he or she deems neces-
sary standards for safety partitions, standards
and procedures for taxicab drivers and dispatch-
ers to follow in an emergency, and standards for
automatic door locks.

(c) In addition to the specific authority
granted to the Chief of Police by this Section, the
Chief of Police is authorized to issue any other
regulations concerning taxicab equipment or op-
eration that he or she determines will promote
the prevention of taxicab crime and the protec-
tion of the public. (Added by Ord. 76-94, App.
2/18/94)

SEC. 1147.3. REVIEW.

(a) The Police Commission shall hold an
annual hearing to review: (1) the compliance of
taxicab permit holders with this Article and any
regulations adopted pursuant to this Article; (2)
the effectiveness of safety equipment and safety
measures currently in effect; and (3) the need for
further measures to reduce taxicab crime and to
protect the public safety. The Police Commission
may appoint the Chief of Police or his or her
designee as a hearing officer to conduct the
hearings and to gather relevant evidence. At the
conclusion of the hearing conducted by the hear-
ing officer, the hearing officer shall make a
written report to the Police Commission. The
Chief of Police, if he or she deems it necessary on
the basis of that report, shall adopt further
regulations to implement this Article.

(b) The Chief of Police shall direct the ap-
propriate Police Department personnel to com-
pile and maintain statistics on taxicab crime,
which shall be submitted to the Police Commis-
sion and to the Chief of Police or his or her
designee in conjunction with the annual hear-
ings mandated by this Section. (Added by Ord.
76-94, App. 2/18/94)

SEC. 1147.4. COMPLIANCE WITH
WORKERS' COMPENSATION
REQUIREMENTS.

All persons, firms or corporations holding
taxicab color scheme permits pursuant to Sec-

Sec. 1147.4.

San Francisco - Police Code

760

tion 1125(b) of this Article shall comply with all
applicable state statutes concerning Workers'
Compensation and any applicable regulations
adopted pursuant to those statutes. Taxicab color
scheme permit holders must include a sworn
statement attesting to compliance with such
applicable statutes and regulations as part of the
annual filing required by Section 1095 of this
Article. (Added by Ord. 76-94, App. 2/18/94)

SEC. 1147.5. LIMITATION OF LIABILITY.

By adopting this ordinance, the City and
County of San Francisco is assuming an under-
taking only to promote the general welfare. It is
not assuming, nor is it imposing on its officers
and employees, an obligation for breach of which
it is liable in money damages to any person who
claims that such breach proximately caused in-
jury. (Added by Ord. 76-94, App. 2/18/94)

SEC. 1147.6. PENALTIES.

Every person, firm or corporation holding a
taxicab permit pursuant to Section 1120 of this
Article who violates or causes to be violated any
of the provisions of this ordinance or any regu-
lations adopted pursuant to this ordinance shall
be subject to disciplinary action pursuant to
Section 1090(a)(ix) of this Article. (Added by Ord.
76-94, App. 2/18/94)

SEC. 1147.7. BAN ON TOBACCO
ADVERTISING.

(a) Notwithstanding the provisions of Po-
lice Code Section 674(d), no taxicab shall bear in
any manner any advertising or promotion of
cigarettes or tobacco products. No taxicab com-
pany shall place or maintain, or cause or allow to
be placed or maintained, any advertising or
promotion of cigarettes or tobacco products on
any of its taxicabs.

(b) For the purposes of this Section, "to-
bacco product" shall mean any substance con-
taining tobacco leaf, including but not limited to,
cigarettes, cigars, pipes, tobacco, snuff, chewing
tobacco and dipping tobacco. For the purposes of
this Section, "promote" or "promotion" shall in-
clude a display of any logo, brand name, charac-

ter, graphics, colors, scenes, or designs that are
trademarks of a particular brand of tobacco
product.

SEC. 1147.8. PARTICIPATION IN
PARATRANSIT PROGRAM.

(a) Beginning January 1, 2000, each holder
of a taxicab color scheme permit, as defined in
Section 1125 of this Article, must participate in
the City's paratransit program. The color scheme
permit-holder must be under contract to and
approved for participation by the Paratransit
Broker who operates the Paratransit Program of
the Public Transportation Commission.

(b) Thereafter, each color scheme permit-
holder shall operate at all times subject to the
rules and regulations of the City's Paratransit
Program, including, but not limited to, the
paratransit scrip program, the debit card pro-
gram including hardware and software capabili-
ties, fare discount and reimbursement proce-
dures, and training in safe and courteous
paratransit operations. Each taxicab permit-
holder who enters into an agreement or contract
with a color scheme permit-holder to use that
color scheme, and each taxicab driver who oper-
ates under a taxicab permit affiliated with the
color scheme, shall at all times operate subject to
the rules and regulations of the City's Paratran-
sit Program.

(c) The Chief of Police, in consultation with
a Paratransit Program, may issue appropriate
rules and regulations to ensure compliance with
this Section. (Added by Ord. 301-98, App. 10/9/
98)

SEC. 1147.9. CAB POOLING.

The Chief of Police is authorized to establish
a six-month trial program for voluntary "cab
pooling" along one or more designated routes.
The Chief of Police shall consult with the Depart-
ments of Parking and Traffic and Public Trans-
portation on the selection of routes.

761

Regulations for Motor Vehicles for Hire

Sec. 1148.1.

Taxicabs may charge a flat fare for passen-
gers riding between points along the designated
route, and may solicit more than one fare along
the route. The Chief of Police may adopt reason-
able rules and regulations to carry out this trial
program. At the end of six months, the Chief
shall report back to the Board of Supervisors on
the feasibility of a permanent program. (Added
by Ord. 365-98, App. 12/18/98)

DIVISION IIA
RAMPED TAXIS

SEC. 1148. PERMITS.

It shall be unlawful to operate a ramped taxi
in the City and County of San Francisco unless a
permit has been issued by the Police Commis-
sion for the operation of said vehicle. Except as
otherwise provided herein, permits for ramped
taxis shall be applied for and issued pursuant to
Sections 1079 through 1081 of this Article. (Added
by Ord. 64-97, App. 3/6/97)

SEC. 1148.1. PERMIT APPLICATIONS.

(a) Submission of Applications. Applica-
tions for permits for ramped taxis shall be made
to the Taxi Commission on a form to be furnished
by the Commission. An applicant for a ramped
taxi permit must, at the time of filing the appli-
cation, meet the same requirements as set forth
in Section 1121(a) for an applicant for a taxi
permit. Applications for permits for ramped taxis
shall be accepted by the Commission and shall
be recorded by the date and time at which each
application is received. Except as otherwise pro-
vided herein, the Commission shall maintain a
list in the order of receipt ("ramped taxi list"). In
the absence of any preference provided for in this
Division, applicants for permits for ramped taxis
shall be processed and considered by the Com-
mission in accordance with the order of applica-
tion as set forth on the ramped taxi list. When a
permit becomes available for issuance and an
applicant on the waiting list is eligible for a
hearing before the Taxi Commission, the Com-
mission shall so notify the applicant.

As of the effective date of Ordinance No.
652-88, all persons whose application is already

on "the taxicab waiting list" as provided for in
Section 1121 of this Article will be placed on the
ramped taxi list. Their place on the ramped taxi
list shall be determined as of the date and time
on which his or her application for the taxicab
waiting list was received by the Commission.
Those individuals so placed will remain on the
taxicab waiting list until they are removed in
accordance with Section 1080(c)(1) of this Ar-
ticle.

(b) Limitation on Acceptance of Other
Permits. All persons accepting a ramped taxi
permit shall be precluded from accepting any
other motor vehicle for hire permit regulated by
this Article for a minimum of five years after
receipt of a ramped taxi permit or, in the alter-
native, for a minimum of three years after re-
ceipt of the ramped taxi permit so long as six
months have elapsed since the permittee gave
notice of his or her intent to leave the ramped
taxi program in accordance with the provisions
of Subsection (c). If the permittee becomes eli-
gible for a permit from another motor vehicle for
hire waiting list at a time when the permittee is
precluded from accepting the permit, the
permittee's application will be kept active until a
permit becomes available when the permittee is
no longer precluded from accepting one.

(c) Notice of Intent to Leave the Ramped
Taxi Program. Upon completion of a minimum
of 30 months as a ramped taxi permittee, the
permittee may opt to leave the ramped taxi
program by filing with the Taxi Commission a
written notice of intent to leave the program.
The date the Commission receives the notice of
intent to leave the ramped taxi program shall be
deemed the date the permittee filed the notice.
Upon receipt of the notice, the Commission shall
promptly inform a reasonable number of persons
at the head of the ramped taxi list of the
permittee's intent to leave the ramped taxi pro-
gram.

In accordance with Subsection (b), the
permittee's decision to leave the ramped taxi
program shall become effective six months after
his or her filing of the notice of intent to leave the
program. Subject to qualifications (i) and (ii)

Sec. 1148.1.

San Francisco - Police Code

762

below, upon completion of the six-month notice
period, the permittee shall be required to leave
the ramped taxi program, and shall no longer be
precluded from accepting another motor vehicle
for hire permit regulated by this Article.

(i) If, at the completion of the six-month
period, the permittee is not yet eligible for a
permit from another motor vehicle for hire list,
or no such permit is available, the permittee, at
his or her option, may remain in the ramped taxi
program for any period of time until the permit-
tee becomes eligible for a permit from another
motor vehicle for hire list and such permit be-
comes available.

(ii) The permittee's decision to leave the
ramped taxi program shall become inoperative
if, within the first three months of the required
six-month notice period, the permittee informs
the Commission in writing of his or her decision
to rescind the notice of intent to leave the pro-
gram. The permittee shall be required to file a
subsequent notice of intent to leave the program
if he or she subsequently decides to leave the
program. The same requirements governing the
permittee's initial notice of intent to leave the
program, including the full six-month notice pe-
riod, shall govern any subsequent notice of in-
tent to leave the program.

(d) Notwithstanding any other provision of
this Section, the Taxi Commission may require
that a taxicab permit to be issued to a ramped
taxi permittee exiting the ramped taxi program
be issued (i) three months after the Commission
hearing on the application for the taxicab permit
or (ii) when a new permittee has qualified for the
ramped taxi permit and has acquired a suitable
vehicle which has passed inspection, whichever
event occurs first. Before the taxicab permit is
issued, the ramped taxi permittee who is exiting
the ramped taxi program shall retain the ramped
taxi permit and continue to operate the ramped
taxi permit. Under no circumstances may an
individual simultaneously hold a ramped taxi
permit and a taxicab permit. Under no circum-
stances may two individuals hold the same ramped
taxi permit or taxicab permit.

(e) Driving Experience Required. In or-
der to qualify for a ramped taxi permit, an
applicant must meet the same driving require-
ment stated in Section 1121(b) that an applicant
for a taxicab permit must meet. In accordance
with Section 1121(c), if no ramped taxi permit
applicant has the requisite driving experience,
but public convenience and necessity as deter-
mined by the Taxi Commission pursuant to Sec-
tion 1079 warrants issuance of a ramped taxi
permit, the Commission may issue the permit to
an otherwise qualified applicant who has been a
full-time driver during the 12 months immedi-
ately preceding the Commission's hearing on the
application. In accordance with Section 1121(d),
a ramped taxi permit applicant has the burden of
showing that he or she has the driving experi-
ence required to qualify for the permit, and shall
keep records sufficient to document his or her
driving for the calendar year or years necessary
to satisfy the driving requirement. Failure of the
Taxi Commission to adopt the regulation speci-
fied in Section 1121(e) requiring recordkeeping
by color scheme permitholders, or failure of a
color scheme permitholder to follow the regula-
tion, shall not excuse a ramped taxi permit
applicant from the driving requirement or re-
lieve the applicant of the burden of proving that
he or she has satisfied the requirement.

The notices required by Section 1121(g) shall
indicate that the driving experience required by
Section 1121(b) covers applicants for a ramped
taxi permit as well as applicants for a taxicab
permit. The notices required to Sections 1121(g)(i)
and 1121(g)(ii) shall be given to applicants on the
ramped taxi list as well as applicants on the
taxicab waiting list, but if an applicant is on both
lists, these notices need not be given twice to the
same person. Failure to give the notices required
pursuant to Sections 1121(g)(i), 1121(g)(ii), or
1121(g)(iii) and this subsection (d) shall not ex-
cuse the ramped taxi applicant from the driving
requirement or relieve the applicant from the
burden of proving that he or she has satisfied the
requirement.

(f) Preference for Full-Time Drivers of
Ramped Taxis. Among the applicants whose
names appear on the ramped taxi list, the Taxi

763

Regulations for Motor Vehicles for Hire

Sec. 1148.2.

Commission shall give preference to any appli-
cant who has been a full-time driver of a ramped
taxi during the 6 months immediately preceding
the Commission's hearing on that applicant's
application, granting permits to all otherwise
eligible full-time drivers of ramped taxis on the
list before granting permits to others on the
ramped taxi list. Any applicant seeking a prefer-
ence pursuant to this Subsection shall, at least
21 days prior to the hearing at which the appli-
cant seeks to be considered, so notify the Com-
mission in writing and submit evidence to prove
that the applicant was a full-time driver of a
ramped taxi in the preceding 6 months. For
purposes of this section, "full-time driver of a
ramped taxi" shall mean a permitted driver who
is actually engaged in the mechanical operation
and having physical charge or custody of a ramped
taxi as defined in this Article which is available
for hire (i) or actually hired for at least four
hours during any 24-hour period on at least 75
percent of the business days during the 6 months
immediately preceding the Commission's hear-
ing on that applicant's application, or (ii) for at
least 400 hours during the 6 months immedi-
ately preceding the Commission's hearing on the
application.

(g) Wheelchair Pick-Up Requirement.

To qualify for a ramped taxi permit, an applicant
must have completed at least 100 wheelchair
pick-ups as a ramped taxi driver during the six
months immediately preceding the Commission's
hearing on the application. If no ramped taxi
applicant has completed the necessary wheel-
chair pick-ups, the Commission shall issue the
permit to the applicant next on the list who has
completed the most wheelchair pick-ups within
the six months prior to the Commission's hear-
ing, if the Commission determines that the pub-
lic convenience and necessity requires the imme-
diate issuance of the permit. A ramped taxi
applicant has the burden of showing that he or
she has completed the requisite number of wheel-
chair pick-ups to qualify for the permit, and shall

keep records sufficient to document his or her
performance. (Added by Ord. 64-97, App. 3/6/97;
amended by Ord. 246-97, App. 6/13/97; Ord.
105-99, File No. 982077, App. 5/7/99; Ord. 173-
00, File No. 000798, App. 7/14/2000; Ord. 78-02,
File No. 012131, App. 5/24/2002; Ord. 101-04,
File No. 040302, App. 6/4/2004; Ord. 111-04, File
No. 040343, App. 7/1/2004)

SEC. 1148.2. ELIGIBILITY FOR PERMIT
FOR RAMPED TAXI.

Before receiving a permit for a ramped taxi,
the applicant shall satisfy the criteria set forth in
Section 1081 of this Article. In addition, before
issuing a permit for a ramped taxi, the Police
Commission must determine that:

(a) The prospective permit holder will be a
full-time driver;

(b) He or she understands the conditions
and limitations governing the operation of the
ramped taxi;

(c) He or she had completed a course of
instruction approved by the Chief of Police for
the safe, effective and efficient operation of ramped
taxis and has been certified by the Chief of Police
to have satisfactorily demonstrated the aptitude
and attitude necessary for a holder of a permit
for a ramped taxi;

(d) He or she will operate said permit in
association with a holder of a taxicab color scheme
permit, as defined by Section 1125 of this Article,
that is under contract to and approved for the
operation of ramped taxis by the Paratransit
Broker who operates the Paratransit Program of
the San Francisco Public Transportation Com-
mission;

(e) He or she holds a valid driver's permit
issued in accordance with Section 1089 of this
Article; and

(f) He or she agrees to operate said permit
at all times subject to the rules and regulations
of the City's Paratransit Program including, but
not limited to, the paratransit scrip program and
fare discount and reimbursement procedures.
(Added by Ord. 64-97, App. 3/6/97)

Sec. 1148.3.

San Francisco ■ Police Code

764

SEC. 1148.3. ADDITIONAL
CONSIDERATIONS FOR ISSUANCE OF
PERMITS.

As part of the determination of public conve-
nience and necessity for the issuance of one or
more ramped taxi permits, the Police Commis-
sion shall, in addition to those considerations
mandated by Section 1079 of this Article, take
into account the availability of sufficient num-
bers of ramped taxi vehicles to meet safety and
operating requirements imposed on permittees
by this Article. (Added by Ord. 64-97, App. 3/6/
97)

SEC. 1148.4. PERMIT OPERATION.

All persons who enter into an agreement or
contract with a ramped taxi permittee to operate
his or her permit shall at all times satisfy the
eligibility criteria set forth in Section 1148.2 of
this Article. All drivers of ramped taxis, in addi-
tion to the provisions of Section 1089 of this
Article, shall also meet the eligibility criteria set
forth in Section 1148.2(c). (Added by Ord. 64-97,
App. 3/6/97)

SEC. 1148.5. RAMPED TAXI
OPERATIONS.

Consistent with the practical operation thereof,
ramped taxis shall grant priority to requests for
service from wheelchair users. In the absence of
such requests for service, ramped taxis may
transport any person in accordance with the
provisions of this Article governing taxicabs. The
Chief of Police, in consultation with the Paratran-
sit Program, may issue appropriate rules and
regulations to ensure compliance with this Sec-
tion by all ramped taxi permit holders. (Added by
Ord. 64-97, App. 3/6/97)

SEC. 1148.6. USE OF RAMPED TAXI
PERMIT IN SPARE TAXICAB.

(a) Authorization To Use Ramped Taxi
Permit In Spare Taxicab. Notwithstanding
Section 1120 of this Article or any other provi-
sions of law, the Taxi Commission shall have
discretion to adopt a policy that allows ramped
taxi permits to be used for the purpose of oper-
ating a taxicab, as defined in Section 1076(b) of

this Article, provided that (i) the taxicab is a
spare taxicab, as defined by the Taxi Commis-
sion; (ii) the taxicab meets all applicable legal
requirements for its operation; (hi) the ramped
taxi permit cannot be used in the permitholder's
ramped taxi because that vehicle is out of service
for necessary repairs, or must be replaced due to
breakdown of or damage to the vehicle; (iv) the
ramped taxi permit cannot be used in a spare
ramped taxi because none is available at the
color scheme with which the ramped taxi permith-
older is affiliated; (v) the use of the ramped taxi
permit in a spare taxicab does not exceed the
durational and fleet limits described in subsec-
tions (b) and (c); and (vi) in each instance the
Taxi Commission or enforcement staff approves
the use of the ramped taxi permit in a spare
taxicab. The Taxi Commission or enforcement
staff may impose additional conditions beyond
those stated in subsection (a) for the use of a
ramped taxi permit in a spare taxicab, to ensure
that color scheme permitholders or ramped taxi
permitholders do not abuse the authority to use
a ramped taxi permit in a spare taxicab.

(b) Durational Limits. Authorization to
use a ramped taxi permit in a spare taxicab is
limited to no more than 30 consecutive days. The
Taxi Commission or enforcement staff may im-
pose a shorter durational limit if repair or re-
placement of the ramped taxi permit in a timely
manner would take less than 30 days. The Taxi
Commission or enforcement staff may, for good
cause shown, extend the durational limit beyond
30 days, in increments of no greater than 15
consecutive days, provided that in no event shall
the total durational limit exceed 90 days. If,
before a durational limit has been reached, re-
pairs on the ramped taxi vehicle have been
completed or replacement of the ramped taxi
vehicle has been accomplished, the authorization
to use the ramped taxi permit in a spare taxicab
shall expire by operation of law.

(c) Fleet Limits. If one to three ramped
taxi permits are affiliated with a color scheme,
only one ramped taxi permit may be used in a
spare taxicab at any one time. For each addi-
tional three ramped taxi permits, or any fraction

765

Regulations for Motor Vehicles for Hire

Sec. 1152.

thereof, affiliated with a color scheme, an addi-
tional ramped taxi permit may be used in a spare
taxicab.

(d) Taxi Commission Enforcement. The

Taxi Commission shall strictly enforce this Sec-
tion to ensure that ramped taxi permits are not
unlawfully used in spare taxicabs. Without lim-
iting the Taxi Commission's enforcement rem-
edies, violation of this Section by a color scheme
permitholder or ramped taxi permitholder may
result in suspension or revocation of the permit
and/or in a determination that a color scheme
may not use any ramped taxi permits affiliated
with that color scheme in spare taxicabs. (Added
by Ord. 27-04, File No. 032052, App. 2/19/2004)

DIVISION III
. JITNEY BUSES

SEC. 1150. JITNEY PERMITS.

(a) It shall be unlawful to own or operate a
jitney in the City and County of San Francisco
unless a jitney permit has been issued by the
Police Commission for the operation of that ve-
hicle pursuant to this Section.

(b) Jitney permits shall be applied for and
issued pursuant to Sections 1079 through 1081
of this Article. In addition to the requirements
set forth in those Sections, the applicant for a
jitney bus permit shall state the proposed route
over which the applicant proposes to operate the
jitney bus. (Added by Ord. 562-88, App. 12/27/88)

SEC. 1151. APPROVAL OF ROUTES
REQUIRED.

It shall be unlawful to drive or operate, or
cause to be driven or operated, any jitney bus
upon or along any street or route unless such
street or route is first approved by the Board of
Supervisors after public hearing. (Added by Ord.
562-88, App. 12/27/88)

SEC. 1152. RATES AND FARES FOR
JITNEY BUSES.

(a) Routes. The following routes are hereby
approved for jitney bus operation:

(1) From Market Street at 4th to Hunters
Point;

(2) From Market Street at 4th Street to 3rd
and Army Streets;

(3) From 3rd and Army Streets to Hunters
Point;

(4) From Hunters Point to Market at 3rd;

(5) From 3rd and Army Streets to Market at
3rd;

(6) From Hunters Point to 3rd and Army
Streets;

(7) From the Ferry Building to the County
Line on Mission Street;

(8) From the Ferry Building to Twenty-
Second and Mission Streets;

(9) From Twenty-Second and Mission Streets
to the County Line;

( 10) From Sickles Avenue and Mission Street
to the Ferry Building;

(11) From Sickles Avenue and Mission Street
to Twenty-Second and Mission Streets;

(12) From Twenty-Second and Mission
Streets to the Ferry Building;

(13) Between Ellis and Taylor Streets and
Broadway Street, north or southbound;

(14) Between Fisherman's Wharf and Broad-
way Street, south or northbound;

(15) From Ellis and Taylor Streets past
Broadway Street to Fisherman's Wharf;

(16) From Fisherman's Wharf past Broad-
way Street to Ellis and Taylor Streets;

(17) Between Pier 39 and Ghirardelli Square
or Maritime Museum, east or westbound.

Nothing in this Section shall be construed to
diminish in any way the authority of the Board
of Supervisors, after public hearing, to designate
routes.

(b) Fares; Increases per Muni Fare In-
creases. The fare for each route approved in
Subsection (a) shall be 85+. Whenever the Adult
Base Cash Fare for the Municipal Railway is
increased, the fares to be charged by jitney buses
shall be increased by a like amount in dollars
and cents. (Added by Ord. 562-88, App. 12/27/88)

Sec. 1153.

San Francisco - Police Code

766

SEC. 1153. SUSPENSION OF
OPERATION.

Notwithstanding the provisions of Section
1096 of this Article, the Chief of Police shall,
upon written application, grant to the holder of a
permit to operate a jitney bus permission to
suspend operation of the permit for a period not
to exceed one year in case of economic hardship
arising from the operation of other forms of
public transportation over substantially the same
route the permittee is operating a jitney bus, if in
the judgment of the Chief of Police investigation
discloses that the statements contained in said
written application warrant such permission.
Permission to suspend operation of a jitney bus
permit pursuant to the provisions of this Section
shall be in addition to the period of suspension
authorized by the provisions of Section 1096(c) of
this Article. (Added by Ord. 562-88, App. 12/27/
88)

SEC. 1154. EMERGENCY PERMITS.

During any period of emergency, strike or
other impairment of Municipal Railway trans-
portation affecting the entire City or any part
thereof, the Chief of Police shall have authority
to issue permits for the operation of vehicles to
transport passengers for a charge to be deter-
mined by Section 1152 of this Article. Such
permits shall be granted upon the following
conditions:

(a) Each applicant shall comply with the
provisions of Sections 1080 through 1085 of this
Article.

(b) The designated route and price to be
charged for transportation shall be specified in
the permit.

(c) Persons operating under such permits
shall not use any other route signs than those
issued to them by the Chief of Police. (Added by
Ord. 562-88, App. 12/27/88)

DIVISION IV

SIGHTSEEING AND INTERURBAN

BUSES

SEC. 1155. SIGHTSEEING AND
INTERURBAN BUS PERMITS.

(a) It shall be unlawful to own or operate a
sightseeing bus or an interurban bus in the City
and County of San Francisco unless a sightsee-

ing bus permit or an interurban bus permit has
been issued by the Police Commission for the
operation of that vehicle pursuant to this Sec-
tion.

(b) Sightseeing bus permits and interurban
bus permits shall be applied for and issued
pursuant to Sections 1079 through 1081 of this
Article. In addition to the requirements set forth
in those Sections, the applicant for a sightseeing
or interurban bus permit shall state the pro-
posed route over which the applicant proposed to
operate the sightseeing or interurban buses.
(Added by Ord. 562-88, App. 12/27/88)

SEC. 1156. NAME ON VEHICLE.

Every sightseeing bus licensed pursuant to
this Article shall have the name under which the
owner operates plainly painted in letters at least
two inches in height on the forward portion of
the side panels of the sightseeing bus. (Added by
Ord. 562-88, App. 12/27/88)

SEC. 1157. TEMPORARY SIGHTSEEING
BUS PERMITS.

(a) Notwithstanding the provisions of Sec-
tions 1075 and 1079 through 1081 of this Article,
the Police Commission, after investigation, may
find that the existing permit holders for sightse-
eing buses are not, or cannot provide adequate
service for the public. In the event of such a
finding, the Police Commission may issue tem-
porary sightseeing bus permits, subject to such
regulations as may be required by public conve-
nience and necessity, to persons, firms or corpo-
rations who satisfy the requirements of Subsec-
tion (b) of this Section.

(b) To be eligible for a temporary sightsee-
ing bus permit, an applicant must satisfy all of
the following requirements:

(i) Be reasonably fit and have financial re-
sponsibility to initiate promptly and to provide
competently and safely sightseeing services by
bus within the City of San Francisco.

(ii) Provide sightseeing service only in ve-
hicles furnished by a holder of a certificate or
permit issued by the Public Utilities Commission
of the State of California pursuant to the provi-

767

Regulations for Motor Vehicles for Hire

Sec. 1161.

sion of Division II, Chapter VIII (commencing
with Section 5351) of the Public Utilities Code of
the State of California.

(iii) Be reasonably experienced in arrang-
ing sightseeing tours and services in San Fran-
cisco for incoming visitors.

(c) Temporary permits issued pursuant to
this Section authorize the permittee to provide
sightseeing services and tours by sightseeing bus
within the City of San Francisco and to sell
tickets for sightseeing tours on a per capita or
any other reasonable basis.

(d) Temporary permits issued pursuant to
this Section shall be valid for a period not to
exceed 180 days; provided, that the Police Com-
mission after public hearing may review tempo-
rary sightseeing permits if required by public
convenience and necessity.

(e) Sections 1155 and 1158 of this Article
shall be applicable to applications for temporary
sightseeing bus permits. (Added by Ord. 562-88,
App. 12/27/88)

SEC. 1158. FILING ROUTES AND FARES
FOR SIGHTSEEING BUSES.

(a) Permittees issued sightseeing bus per-
mits pursuant to the provisions of this Article
shall file with the Board of Supervisors the
routes and fares per passenger charged for each
sightseeing bus trip.

(b) The Board of Supervisors may adopt,
modify or reject the routes or fare schedules
submitted.

(c) Should the Board of Supervisors, by reso-
lution, adopt or modify the route or fare schedule
submitted, such shall be the route traveled and
fare charged.

(d) Should the Board of Supervisors, by
resolution, reject the route or fare schedule pro-
posed, the permittee submitting said route or
fare schedule shall not operate a sightseeing bus
on said route or charge the rejected fare unless
and until the permittee submits, and the Board
of Supervisors adopts, a new and different route
and fare schedule submitted. (Added by Ord.
562-88, App. 12/27/88)

Sec. 1159.

(Added by Ord. 562-88, App. 12/27/88; amended
by Ord. 122-93, App. 4/29/93; repealed by Ord.
54-03, File No. 021885, App. 4/11/2003)

DIVISION V
MOTORIZED RICKSHAWS

SEC. 1160. MOTORIZED RICKSHAW
PERMITS.

It shall be unlawful to own or operate a
motorized rickshaw in the City and County of
San Francisco unless a motorized rickshaw per-
mit has been issued by the Police Commission for
the operation of that vehicle pursuant to this
Section. Motorized rickshaw permits shall be
applied for and issued pursuant to Sections 1079
through 1081; provided, however, that upon ap-
plication any person who held motorized rick-
shaw permits on September 15, 1984 or on the
effective date of this Article shall be entitled to
hold an equal number of such permits under this
Article. (Added by Ord. 562-88, App. 12/27/88)

SEC. 1161. RATES FOR MOTORIZED
RICKSHAWS.

The rates of fare for motorized rickshaw shall
be as follows:

(a) On a time basis, not more than $12.50
for the first half hour or fraction thereof, and
$12.50 for each succeeding half hour or fraction
thereof. For each additional passenger above
two, not more than $6.25 per passenger for the
first half hour and each succeeding half hour;

(b) On a mileage basis, not more than $1 for
the first mile or fraction thereof, and 50[00a2]
for each additional half mile or fraction thereof.

(c) Said rates as to time and mileage shall
be computed from the time and place said rick-
shaw was dispatched to the passenger until it is
returned to the point of origin.

(d) Drivers of motorized rickshaws shall
complete an accurate waybill as described in
Section 1127 of this Article. (Added by Ord.
562-88, App. 12/27/88)

Sec. 1161.

San Francisco - Police Code

768

DIVISION VI
LIMOUSINES

SEC. 1165. INSPECTION OF LIMOUSINE
WAYBILLS.

(a) Any Police Officer or the Taxi Commis-
sion Executive Director, or his or her designee,
may, upon request, inspect the waybill of any
charter-party carrier of passengers operating
within the City and County for the purpose of
verifying valid prearranged travel. As required
by Part 3.01 of General Order 157-C of the
California Public Utilities Commission, the way-
bill must include the following:

(1) Name of carrier and TCP number;

(2) Vehicle license plate number;

(3) Driver's name;

(4) Name and address of person requesting
or arranging the charter;

(5) Time and date when charter was ar-
ranged;

(6) Whether the transportation was ar-
ranged by telephone or written contract;

(7) Number of persons in the charter group;

(8) Name of at least one passenger in the
traveling party, or identifying information of the
traveling party's affiliation; and,

(9) Points of origination and designation.
The party arranging the transportation must
have exclusive use of the vehicle.

(b) Any person operating a charter-party
carrier of passengers within the City and County
who, upon request by a Police Officer, or the Taxi
Commission Executive Director, or his or her
designee, fails or refuses to produce his or her
waybill for inspection is guilty of an infraction
punishable under Section 1185. (Added by Ord.
15-06, File No. 051720, App. l/20/2006)(Former
Sec. 1165 added by Ord. 562-88, App. 12/27/88;
repealed by Ord. 15-06, File No. 051720, App.
1/20/2006)

SEC. 1166. UNION SQUARE STANDS.

The Department of Public Works may issue
permits, not to exceed 35 in number at any one
time, for limousines to stand on the north side of

Geary Street between Stockton and Powell Streets
and on the west side of Stockton Street between
Geary and Post Streets. (Added by Ord. 562-88,
App. 12/27/88)

DIVISION VII
EMPLOYER'S BUS STANDS

SEC. 1170. EMPLOYER'S BUS STANDS.

(a) Designation of Stands. Upon approval
of the permit described in Subsection (b) of this
Section, the Department of Public Works may
designate as an employer's bus stand a portion of
the curb area of any street for the exclusive use
of one or more employer's buses in order to load
and unload passengers at a business location of
the employer.

(b) Applications for Permit. The Depart-
ment of Public Works shall grant an employer's
bus stand permit to any employer who has a
vehicle that the Department determines meets
the definition set out in Section 1076(w) above;
provided, that the Department also determines
that the operation of the employer's bus will
alleviate traffic in the Metropolitan Traffic Dis-
trict. In designating a portion of a street as an
employer's bus stand, the Department shall se-
lect a location which is reasonably close to the
employer's business location, the use of which
will not interfere with traffic patterns in the
area. The permit shall designate the two-block
area within which the employer's bus stand
permit shall be valid. An employer may apply for
a separate employer's bus stand permit for each
employer's bus that is regularly operated. The
Department is authorized to revoke any employer's
bus permit if it determines that the bus is not
operated on a regular basis, that the number of
persons employed by the employer is less than
100 or that the operation of the bus does not
alleviate traffic problems in the Metropolitan
Traffic District. Employers shall pay a $25 li-
cense fee for the issuance of each employer's bus
stand permit. (Added by Ord. 562-88, App. 12/27/
88)

SEC. 1171. USE OF EMPLOYER'S BUS
STANDS PROHIBITED BY
UNAUTHORIZED VEHICLES; PENALTY.

No person shall park, stand or stop any
vehicle in an employer's bus stand unless such

769

Regulations for Motor Vehicles for Hire

Sec. 1178.

person is operating a vehicle which has been
issued an employer's bus stand permit and such
person must display said permit upon request.
Furthermore, an employer's bus stand permit
shall be valid only at those stands which are
located within two blocks of a business location
of the employer who owns the bus. Any person
violating this Section shall be deemed guilty of
an infraction and upon conviction thereof shall
be punished by a fine of not less than $5 nor
more than $50. The Department of Public Works
shall post signs at each employer's bus stand
informing the public that only vehicles with
employer's bus stand permits may lawfully park,
stand or stop at that location. (Added by Ord.
562-88, App. 12/27/88)

DIVISION VIII
RENTAL VEHICLES

SEC. 1175. BUSINESSES OF RENTING
OR LEASING MOTOR VEHICLES AND/OR
TRAILERS FOR A PERIOD OF 60 DAYS
OR LESS WITHOUT DRIVER OR
OPERATOR.

The business of renting or leasing motor
vehicles and/or trailers in the City and County of
San Francisco for a period of 60 days or less
without a driver or operator thereof is hereby
declared to be subject to police inspection and
regulation as in Sections 1175 through 1180,
inclusive, of this Article provided. (Added by Ord.
562-88, App. 12/27/88)

SEC. 1176. DEFINITIONS.

For the purpose of the provisions of Sections
1175 through 1180 inclusive of this Article, when-
ever the following words, terms or phrases are
used, the definitions herein given shall be deemed
to be the meaning of such words, terms or
phrases, except where otherwise expressly stated:

"Motor Vehicle." A vehicle as defined in Sec-
tion 415 of the California Vehicle Code.

"Trailer." A vehicle as defined in Section 630
of the California Vehicle Code.

"Person." A sole proprietor, partnership, as-
sociation, business trust or corporation.

"Location." A place where a person or salaried
employee of a person executes an agreement for
the rental or lease of a motor vehicle and/or
trailer for a period of 60 days or less without a
driver or operator and makes delivery or ar-
ranges for the delivery thereof pursuant to said
rental or lease agreement.

"VIN." Vehicle Identification Number. (Added
by Ord. 562-88, App. 12/27/88)

SEC. 1177. PERMIT REQUIRED.

Every person in said business of renting or
leasing motor vehicles and/or trailers for a pe-
riod of 60 days or less for hire without drivers or
operators shall hereafter obtain from the Police
Department a separate permit for each such
location where such person conducts such busi-
ness, which permit(s) shall be revocable by said
Department for cause and after a hearing. The
application for such permit(s) shall state the
address of each such location where such person
conducts such business, and the name of the
owner or owners, manager or officer thereof.
After the issuance of such permit, any change of,
or addition to such locations shall be reported to
the Police Department within five days thereaf-
ter and permit issued for each such additional
location. Each licensee of a person or indepen-
dent contractor of a person shall be considered
an independent person and shall obtain his own
separate permit. Location does not include any
place where a person takes or accepts reserva-
tions only, or a hotel, motel or inn which provides
reservations and/or customer transportation ser-
vice only. Every explication under this Section
shall comply with Sections 1180 through 1185 of
this Article. (Added by Ord. 562-88, App. 12/27/
88)

SEC. 1178. RECORDS TO BE KEPT^
CONTENTS.

Every person engaged in the type of business
referred to in Sections 1175 and 1177 of this
Article shall keep records of all motor vehicles
and/or trailers rented or leased for a period of 60
days or less, which records will show:

(a) The name and address of the individual,
firm or corporation to whom such motor vehicle
and/or trailer is rented or leased;

Sec. 1178.

San Francisco - Police Code

770

(b) The date and time thereof and the time
when same is returned;

(c) A description of each rented or leased
motor vehicle and or trailer to include: Make,
year, body style, color, VIN, and license number.
(Added by Ord. 562-88, App. 12/27/88)

SEC. 1179. DRIVER'S LICENSE
REQUIRED.

Every person engaged in the business of
renting or leasing motor vehicles and/or trailers
for a period of 60 days or less shall not rent or
lease to any individual, firm or corporation a
motor vehicle and/or trailer unless the driver's
license provisions of Section 14608 of the Cali-
fornia Vehicle Code are complied with. (Added by
Ord. 562-88, App. 12/27/88)

SEC. 1180. LICENSE FEES.

Every person, as defined in Section 1176
shall pay an annual license fee for each such
location as defined in said Section 1176; pro-
vided, however, every person who operates a
repair garage and grants temporary use of a
motor vehicle to a customer without charge,
while the motor vehicle belonging to said cus-
tomer is being repaired or serviced in the repair
garage, shall pay an annual license fee. (Added
by Ord. 562-88, App. 12/27/88)

DIVISION IX
RESTRICTED AREAS

SEC. 1183. OPERATION OF
PASSENGER-CARRYING COMMERCIAL
MOTOR VEHICLES WITHIN CERTAIN
STREETS AND AREAS, PROHIBITED.

(a) It shall be unlawful for any person to
operate any commercial motor vehicle with seat-
ing capacity of eight or more passengers, other
than a passenger-carrying commercial van, used
or maintained for the transportation of persons
for hire, compensation, or profit, upon the streets
or areas designated in Section 1183.1 et seq. of
this Article. It shall be unlawful for any person to
operate any passenger-carrying commercial van,
used or maintained for the transportation of

persons for hire, compensation or profit, upon
the streets or areas designated in Sections 1183.14
et seq. of this Article.

(b) The provisions of this Section shall not
apply to "jitney buses" as defined in Section 1076
of this Article.

(c) The provisions of this Section shall not
apply to buses operated by the San Mateo County
Transit District eastbound on Market Street
between Main and Spear Streets; provided no
more than two buses per hour are operated on
this block of Market Street. The provisions of
this Section shall not apply to such business
when on Market Street westbound between Main
and Pine Streets, or on Pine Street between
Market and Battery Streets, or on Battery Street
between Pine and Market Street, provided no
more than 16 such buses are operated on these
streets between the hours of 7:00 a.m. and 9:00
a.m., and no more than 16 uses between the
hours of 4:00 p.m. and 6:00 p.m., Monday through
Friday, and no more than two buses per hour at
all other times.

(d) This Section shall not apply to buses
operated by the San Mateo County Transit Dis-
trict on Post Street between Mason and Kearny
Streets; on Sutter Street between Mason and
Montgomery Streets; on Montgomery Street be-
tween California and Market Streets; on Califor-
nia Street between Battery Street and Davis
Street; on Davis Street between California Street
and Market Street; or on Kearney Street be-
tween California Street and Market Street. (Added
by Ord. 562-88, App. 12/27/88)

SEC. 1183.1. RESTRICTED AREAS.

Area bounded by Chestnut Street to Baker
Street, to Marina Boulevard to Laguna Street, to
Bay Street, to Franklin Street and returning to
Chestnut Street, and including the boundary
streets of the area. (Added by Ord. 562-88, App.
12/27/88)

Sec. 1183.2.

(Added by Ord. 562-88, App. 12/27/88; repealed

by Ord. 132-05, File No. 050578, App. 6/30/2005)

771

Regulations for Motor Vehicles for Hire

Sec. 1183.20.

SEC. 1183.2.1. RESTRICTED AREAS.

Parker Avenue, Beamont Avenue, Stanyan
Street and Rossi Avenue, between Anza and Turk
Street. (Added by Ord. 562-88, App. 12/27/88)

SEC. 1183.3. RESTRICTED AREAS.

Corbett Avenue, between Seventeenth and
Twenty-Fourth Streets. (Added by Ord. 562-88,
App. 12/27/88)

SEC. 1183.4. RESTRICTED AREAS.

Seal Rock Drive, between Forty-Fifth Avenue
and El Camino Del Mar. (Added by Ord. 562-88,
App. 12/27/88)

SEC. 1183.5. RESTRICTED AREAS.

Twin Peaks Boulevard, between Clayton Street
and Burnett Drive. (Added by Ord. 562-88, App.
12/27/88)

SEC. 1183.6. RESTRICTED AREAS.

Panorama Drive, between Clarendon Avenue
and Twin Peaks Boulevard. (Added by Ord. 562-
88, App. 12/27/88)

SEC. 1183.7. RESTRICTED AREAS.

Olympia Way, between Clarendon Avenue
and Panorama Drive. (Added by Ord. 562-88,
App. 12/27/88)

SEC. 1183.8. RESTRICTED AREAS.

Green Street, between Grant Avenue and
Montgomery Street. (Added by Ord. 562-88, App.
12/27/88)

SEC. 1183.9. RESTRICTED AREAS.

Montgomery Street, between Green Street
and Broadway. (Added by Ord. 562-88, App.
12/27/88)

SEC. 1183.10. RESTRICTED AREAS.

Vallejo Street, between Montgomery and San-
some Streets. (Added by Ord. 562-88, App. 12/27/
88)

SEC. 1183.11. RESTRICTED AREAS.

Lombard Street, between Stockton and Kearny
Streets. (Added by Ord. 562-88, App. 12/27/88)

SEC. 1183.12. RESTRICTED AREAS.

Telegraph Hill Boulevard, between Kearny
Street and Coit Tower parking lot. (Added by
Ord. 562-88, App. 12/27/88)

SEC. 1183.13. RESTRICTED AREAS.

El Camino Del Mar, between Twenty-Fifth
Avenue and Legion of Honor Drive. (Added by
Ord. 562-88, App. 12/27/88)

SEC. 1183.14. RESTRICTED AREAS.

Area bounded by southerly line of Bay Street
and Columbus Avenue, westerly line of Taylor
Street, northerly line of Union Street and east-
erly line of Polk Street. (Added by Ord. 562-88,
App. 12/27/88)

SEC. 1183.15. RESTRICTED AREAS.

Franklin Street, between California Street
and Lombard Street. (Added by Ord. 562-88,
App. 12/27/88)

SEC. 1183.16. RESTRICTED AREAS.

Parker Avenue, Beaumont Avenue, Stanyan
Street and Rossi Avenue, between Anza and Turk
Streets. (Added by Ord. 562-88, App. 12/27/88)

SEC. 1183.17. RESTRICTED AREAS.

Union Street, between Steiner and Lyon
Streets, and Lyon Street, between Francisco and
Green Street. (Added by Ord. 562-88, App. 12/27/
88; Ord. 241-04, File No. 040558, App. 9/30/2004)

SEC. 1183.18. RESTRICTED AREAS.

Bay Street, between Baker Street and Lyon
Street. (Added by Ord. 216-90, App. 6/15/90)

SEC. 1183.19. RESTRICTED AREAS.

18th Street, between Church Street and Mar-
ket Street. (Added by Ord. 57-90, App. 2/7/90)

SEC. 1183.20. RESTRICTED AREAS.

26th Avenue, between Geary Boulevard and
California Street, except that tour buses and
vans of 6,000 pounds or less in weight may
operate on 26th Avenue between Geary Boule-
vard and California Street. (Added by Ord. 69-
92, App. 3/4/92)

Supp. No. 10, July/August 2007

Sec. 1183.21.

San Francisco - Police Code

772

SEC. 1183.21. RESTRICTED AREAS.

Lombard Street, between Van Ness Avenue
and Polk Street. (Added by Ord. 368-91, App.
10/14/91)

SEC. 1183.22. RESTRICTED AREAS.

Larkin Street, between Union Street and
Pacific Avenue. (Added by Ord. 258-93, App.
8/10/93)

SEC. 1183.23. RESTRICTED AREAS.

Leavenworth Street, between Union Street
and Pacific Avenue. (Added by Ord. 258-93, App.
8/10/93)

SEC. 1183.24. RESTRICTED AREAS.

Jones Street, between Union Street and Pa-
cific Avenue. (Added by Ord. 258-93, App. 8/10/
93)

SEC. 1183.25. RESTRICTED AREAS.

Taylor Street, between Columbus Avenue and
Pacific Avenue. (Added by Ord. 258-93, App.
8/10/93)

Editor's Note:

There are no Sections 1183.26 and 1183.27.

SEC. 1183.28. RESTRICTED AREAS.

Green Street, between Polk and Mason Streets.
(Added by Ord. 123-96, App. 3/28/96)

SEC. 1183.29. RESTRICTED AREAS.

Vallejo Street, between Polk and Mason
Streets. (Added by Ord. 123-96, App. 3/28/96)

SEC. 1183.30. RESTRICTED AREAS.

6th Avenue, between Lincoln Way and
Kirkham Street (Added by Ord. 330-99, File No.
991998, App. 12/23/99)

Editor's Note:

This section expires December 31, 2001.

SEC. 1183.31. RESTRICTED AREAS.

El Camino Del Mar, between the Presidio
(approximately 290 feet east of Twenty-Fifth
Avenue) and Twenty-Fifth Avenue, and Twenty-

Fifth Avenue between Lake Street and El Camino
Del Mar. (Added by Ord. 247-01, File No. 011050,
App. 12/28/2001; amended by Ord. 55-03, File
No. 021912, App. 4/11/2003)

SEC. 1183.32. RESTRICTED AREAS.

Chestnut Street between Lyon Street and
Richardson Avenue. (Added by Ord. 82-05, File
No. 050421, App. 5/13/2005)

SEC. 1183.33. RESTRICTED AREAS.

Greenwich Street between Lyon and Divisa-
dero Streets. (Added by Ord. 83-05, File No.
050478, App. 5/13/2005)

SEC. 1183.34. RESTRICTED AREAS.

Filbert Street between Lyon and Divisadero
Streets. (Added by Ord. 84-05, File No. 050479,
App. 5/13/2005)

SEC. 1183.35. RESTRICTED AREAS.

Baker Street between Richardson Avenue
and Union Street. (Added by Ord. 79-05, File No.
050415, App. 5/13/2005)

SEC. 1183.36. RESTRICTED AREAS.

Broderick Street between Richardson Avenue
and Union Street. (Added by Ord. 81-05, File No.
050420, App. 5/13/2005)

SEC. 1183.37. RESTRICTED AREAS.

St. Joseph's Avenue, between O'Farrell Street
and Turk Street. (Added by Ord. 173-07, File No.
070659, App. 7/27/2007)

SEC. 1183.38. RESTRICTED AREAS.

Broderick Street, between O'Farrell Street
and Turk Street. (Added by Ord. 173-07, File No.
070659, App. 7/27/2007)

SEC. 1183.39. RESTRICTED AREAS.

Eddy Street, between Divisadero Street and
St. Joseph's Avenue. (Added by Ord. 173-07, File
No. 070659, App. 7/27/2007)

Supp. No. 10, July/August 2007

772.1 Regulations for Motor Vehicles for Hire Sec. 1185.

SEC. 1183.40. RESTRICTED AREAS.

Ellis Street, between Divisadero Street and
St. Joseph's Avenue. (Added by Ord. 173-07, File
No. 070659, App. 7/27/2007)

DIVISION X
PENALTIES

SEC. 1185. PENALTIES.

(a) Violations Chargeable as Misdemean-
ors or Infractions; Assisting or Inducing
Violation. Unless otherwise specified in this
Article, any person violating any Section of this
Article shall be deemed guilty of a misdemeanor
or an infraction. It shall be a violation of this
Article to knowingly assist or knowingly induce
another to violate a provision of this Article.

(b) Misdemeanor Penalties. Upon convic-
tion of a violation charged as a misdemeanor, the
person so convicted shall be subject to a fine of
not more than $500 or imprisonment in the
County Jail for period of not more than six
months, or by both such fine and imprisonment;

Supp. No. 10, July/August 2007

[INTENTIONALLY LEFT BLANK]

Supp. No. 10, July/August 2007

773

Regulations for Motor Vehicles for Hire

Sec. 1186.

provided, however, that any person or entity
violating Sections 1078 (requiring permits),
1084(b) or (c) (notification of death of permittee;
lease of permit of deceased permittee), 1089
(requiring drivers permits), 1091 through 1093
(requiring insurance), or 1110 (false statements)
of this Article shall, upon conviction thereof, be
subject to a fine of not more than $1,000 or
imprisonment in the County Jail for period of not
more than six months, or by both such fine and
imprisonment.

(c) Infraction Penalties. Upon conviction
of a violation charged as an infraction, the per-
son so convicted shall be punished for the first
offense by a fine of not less than $10 nor more
than $50, and for a second and any additional
violation of the same provision within one year
by a fine of not less than $20 and not more than
$100; provided, however, that for violations of
Section 1078 (requiring permits) and Section
1165 (inspection of limousine waybills) charged
as an infraction, the person so convicted shall be
punished for the first offense by a fine not to
exceed one hundred dollars ($100), for a second
violation of the same provision within one year
by a fine not to exceed two hundred dollars
($200), and for a third and any additional viola-
tion of the same provision within one year by a
fine not to exceed five hundred dollars ($500).

(d) Violations of Taxi Commission's

Rules. Upon conviction of a violation of the Taxi
Commission's Rules, the person so convicted
may be punished by a fine as follows:

(1) For regulations classified as Minor un-
der the Commission's Rules, a fine of $25 for the
first violation, $50 for a second violation of the
regulation within one year of the first violation,
and $150 for a third or additional violation of the
regulation within one year of the first violation.

(2) For regulations classified as Moderate
under the Commission's Rules, a fine of $75 for
the first violation, $150 for a second violation of
the regulation within one year of the first viola-
tion, and $450 for a third or additional violation
of the regulation within one year of the first
violation.

(3) For regulations classified as Major un-
der the Commission's Rules, a fine of $250 for the
first violation, $400 for a second violation of the
regulation within one year of the first violation,
and $500 for a third or additional violation of the
regulation within one year of the first violation.
(Added by Ord. 562-88, App. 12/27/88; amended
by Ord. 106-99, File No. 990006, App. 5/7/99;
Ord. 15-06, File No. 051720, App. 1/20/2006)

SEC. 1186. FULL-TIME DRIVING
REQUIREMENT} VIOLATIONS;
ADMINISTRATIVE PENALTIES.

(a) Full-Time Driving Requirement. The

holder of a taxicab permit shall be a full-time
driver as provided in Section 1081.

(b) Administrative Penalties. The Taxi
Commission (the Commission) may impose ad-
ministrative penalties for violations of the full-
time driving requirement, in accordance with
the procedures established in Section 1188.

(c) Amount of Penalty. The administra-
tive penalties assessed against the permit holder
by the Commission shall not exceed the amount
of any lease fees collected by the permit holder
during the period that the permit holder was in
violation of the full-time driving requirement.
Where the permit holder does not collect lease
fees, the Commission may impose administra-
tive penalties not to exceed $140 for each day or
$30 for each hour the permit holder fails to drive
short of the applicable standard for compliance.

In determining the amount of the penalty in
an individual case, the Commission shall take
into account:

(i) Whether the permit holder has in the
past violated the full-time driving requirement,
other provisions of Article 16, the Taxi
Commission's rules and regulations, or state law
relevant to the operation of a taxicab permit;

(ii) Whether the permit holder concealed or
attempted to conceal his or her non-compliance
with the full-time driving requirement; and

(iii) Such additional factors as the Commis-
sion may determine are appropriate. (Added by
Ord. 111-04, File No. 040343, App. 7/1/2004)

Sec. 1187.

San Francisco - Police Code

774

SEC. 1187. COMMISSION RULES AND
REGULATIONS; VIOLATIONS;
ADMINISTRATIVE PENALTIES.

(a) Administrative Penalties. The Taxi
Commission (the Commission) may impose ad-
ministrative penalties for violations of the
Commission's rules and regulations, in accor-
dance with the procedures established in Section
1188.

(b) Amount of Penalty. For regulations
classified as Minor under the Commission's Rules,
there shall be a penalty not to exceed $25 for the
first violation, $50 for a second violation of the
regulation within one year of the first violation,
and $150 for a third or additional violation of the
regulation within one year of the first violation.

For regulations classified as Moderate under
the Commission's Rules, there shall be a penalty
not to exceed $75 for the first violation, $150 for
a second violation of the regulation within one
year of the first violation, and $450 for a third or
additional violation of the regulation within one
year of the first violation.

For regulations classified as Major under the
Commission's Rules, there shall be a penalty not
to exceed $250 for the first violation, $400 for a
second violation of the regulation within one
year of the first violation, and $500 for a third or
additional violation of the regulation within one
year of the first violation.

In determining the amount of the penalty in
an individual case, the Commission shall take
into account:

(ii) Whether the permit holder concealed or
attempted to conceal his or her non-compliance
with the Commission's rules and regulations;
and,

(iii) Such additional factors as the Commis-
sion may determine are appropriate. (Added by
Ord. 111-04, File No. 040343, App. 7/1/2004)

SEC. 1187.1. OPERATING WITHOUT A
PERMIT^ VIOLATIONS;
ADMINISTRATIVE PENALTIES.

(a) Permit Required. Any person operat-
ing a motor vehicle as a taxicab or other motor
vehicle for hire licensed under this Article must
have a permit as required in Section 1078.

(b) Administrative Penalties. The Taxi
Commission (the Commission) may impose ad-
ministrative penalties for violations of the per-
mit requirement, in accordance with the proce-
dures established in Section 1188. The penalties
may be assessed against the driver or against
the vehicle's owner if it is proven that the driver
operated the vehicle as a taxicab with the owner's
knowledge. These penalties are in addition to
any other penalties or methods of enforcement
authorized by law.

For purposes of Section 1188, the violator
shall be referred to as "the permit holder." If any
penalties are not paid to the Taxi Commission
within 30 days of the notice, the Commission
shall refer the unpaid penalties to the Bureau of
Delinquent Revenue.

(c) Amount of Penalty. The administra-
tive penalties assessed against the violator by
the Commission shall not exceed two thousand
five hundred dollars ($2,500) for a first violation
or five thousand dollars ($5,000) for a subse-
quent violation.

In determining the amount of the penalty in
an individual case, the Commission shall take
into account:

(i) Whether the violator has in the past
violated the permit requirement, other provi-
sions of Article 16, the Taxi Commission's rules
and regulations, or state law relevant to the
operation of a taxicab permit;

(ii) Whether the violator concealed or at-
tempted to conceal his or her non-compliance
with the permit requirement; and

(iii) Such additional factors as the Commis-
sion may determine are appropriate. (Added by
Ord. 15-06, File No. 051720, App. 1/20/2006)

775

Regulations for Motor Vehicles for Hire

Sec. 1188.

SEC. 1188. PROCEDURES FOR
ADMINISTRATIVE PENALTIES.

(a) Director's Notice. Upon a determina-
tion that a permit holder has violated the full-
time driving requirement or the Commission's
rules and regulations, the Executive Director of
the Taxi Commission (the Director) shall send a
written notice, by first class mail or hand-
delivery, to the permit holder, at the address
listed in the Taxi Commission's records, identi-
fying and describing the alleged violations and
stating the amount of the administrative penalty
to be imposed. The notice shall also inform the
permit holder that he or she has the right to
request a fact-finding hearing on the alleged
violations and the proposed penalty by filing
such a request within 15 business days of the
date of the notice. The Director and the permit
holder may modify the Director's proposed deci-
sion by mutual consent. If the permit holder does
not request a fact-finding hearing within the 15
days, the decision of the Director shall be final.

(b) Scheduling of Fact-finding Hearing.

Whenever a fact-finding hearing is requested
under subsection (a) above, the Director within
10 business days of receiving the request shall
notify the permit holder of the date, time, and
place of the hearing by first-class mail or hand
delivery. Such hearing shall be held no sooner
than 20 business days and no later than 40
business days after the Director receives the
request for a hearing, unless the time is ex-
tended by mutual agreement of the permit holder
and the Director. Notice of hearings shall be
posted on the Commission's web site at least 72
hours in advance of the hearings.

(c) Hearing Officers. The Director shall
appoint a hearing officer for the fact-finding
hearing from a list approved by the Commission.
The hearing officer shall not be an employee of
the Taxi Commission or the Police Department.

(d) Submittals for the Hearing. At least
5 business days prior to the hearing, the parties
to the hearing shall submit written information
to the hearing officer including, but not limited
to, the following: a statement of the issues to be
determined by the hearing officer, a statement of

the evidence to be offered at the hearing and the
identity of any witnesses to appear at the hear-
ing. The written information shall not exceed 10
double-spaced pages, excluding exhibits.

(e) Conduct of the Hearing. The hearing
shall be open to the public and tape recorded.
Any party to the hearing may, at his or her own
expense, cause the hearing to be recorded by a
certified court reporter. During the hearing, evi-
dence and testimony may be presented to the
hearing officer. Parties may be represented by
counsel and have the right to cross-examine
witnesses. All testimony shall be given under
oath.

The hearing need not be conducted according
to formal rules of procedure and evidence, but no
decision shall be based solely on hearsay evi-
dence. The hearing officer may make reasonable
rulings to ensure a fair and efficient hearing.

(f) Proposed Decision. The hearing of-
ficer shall, within ten business days after the
conclusion of the hearing, present a proposed
decision including written findings and recom-
mendations regarding penalties to the Commis-
sion. The hearing officer shall at that time trans-
mit his or her decision to the permit holder by
certified mail directed to the most recent address
on file with the Commission for the permit
holder. The Commission shall post at its office a
notice that a copy of the proposed decision is
available for public inspection during normal
business hours.

(g) Commission Action. The Executive Di-
rector shall place the hearing officer's proposed
decision on the Commission's consent calendar
for the next scheduled meeting occurring not less
than ten calendar days after entry of the Director's
decision. The Director shall also submit the
recording of the hearing and any written mate-
rials submitted in connection with the hearing.
The proposed decision shall be a recommenda-
tion to the Commission, and the Commission
may adopt, modify, or deny such recommenda-
tion, or may remand the matter to the hearing
officer for further proceedings. The Commission
may act on the hearing officer's proposed deci-
sion and the record presented; it may not rehear

Sec. 1188. San Francisco - Police Code 776

the case. The Commission shall serve its final
decision upon the parties to the hearing and post
the decision in the same manner as provided for
herein with respect to the hearing officer's pro-
posed decision.

(h) Collection. If the Commission finds
against the permit holder and imposes adminis-
trative penalties, the Commission's decision shall
state the amount of the penalties and declare
that they are due and payable to the City and
County of San Francisco within 30 days of the
date of the decision, provided that the Executive
Director may agree to a reasonable payment
schedule not to exceed the permit holder's in-
come on a monthly basis. If the penalties are not
paid to the Taxi Commission within 30 days of
the notice, the Commission may move to suspend
or revoke the permit.

(i) Other Penalties. The penalties and
methods of enforcement set forth in this Section
and in Sections 1186 and 1187 are in addition to
those set forth in Sections 1090 and 1185 of this
Code and in addition to any other penalties or
methods of enforcement authorized by law. (Added
by Ord. 111-04, File No. 040343, App. 7/1/2004)

[The next page is 805]

ARTICLE 17: MISCELLANEOUS LICENSE REGULATIONS

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.

Records to be Kept — Quarterly

Reports to Police.

Acts Prohibited.

Grounds for Revocation of

Permit.

Blanks Furnished by Chief of

Police.

License Fee.

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.

Renewal of Permits.

Definition of Merchandising by

Public Outcry.

Exceptions.

Penalties for Violations of

Sections 1200 Through 1212,

Inclusive.

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. 1205.

Sec. 1206.

Sec. 1207.

Sec. 1208.

Sec. 1209.

Sec. 1210.

Sec. 1211.

Sec. 1212.

Sec. 1213.

Sec. 1214.

Sec. 1235.

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. 1276. Secondhand Dealers — Required

to Keep Records of Purchases

and Sales.
Sec. 1279. Secondhand Dealers;

Definitions.
Sec. 1279.1. Permit from Chief of Police;

Rules and Regulations;

Definitions.
Sec. 1279.2. Antique Shops; Definition;

Permit.
Sec. 1279.3. Trade-in Dealers; Definition;

Permit.
Sec. 1280. Dealers in Specified

Secondhand Goods.
Sec. 1280.1. Dealers in Secondhand Goods.
Sec. 1281. Furniture and Household

Goods — Defined.
Sec. 1282. Licensed Auctioneers Excepted.
Sec. 1289. Discharge of Cannon Prohibited.
Sec. 1289.1. License.
Sec. 1290. Discharge of Firearms

Prohibited — Fireworks .

805

San Francisco - Police Code

806

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. 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, mechani-
cal 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 afore-
said 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 applica-
tion 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 mer-
chandise 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 mak-
ing said application, and every person, firm or
corporation who has heretofore been engaged
and hereafter engages in merchandising by pub-
lic outcry any or all personal property mentioned
in Section 1200, shall file, within 30 days here-
after, 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 ex-
ecuted by the person, firm or corporation seeking
the permit hereunder as principal and by a

807

Miscellaneous License Regulations

Sec. 1202.

corporation which is licensed by the Insurance
Commissioner of this State to transact the busi-
ness 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 condi-
tioned that the principal will indemnify any and
all persons, firms or corporations for any loss
suffered by the misrepresentations of the princi-
pal 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 provi-
sions of the San Francisco Municipal Code regu-
lating 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 1 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; pro-
vided, 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 repu-

tation 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 corpo-
ration, shall be fingerprinted by the Police De-
partment, 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 appli-
cant 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, how-
ever, that no permit may be issued to any appli-
cant 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 discre-
tion may refuse to issue a permit to any person,
firm or corporation who has heretofore violated
any provision of this Code regulating merchan-
dising 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 pro-
vided. (Added by Ord. 8828, Series of 1939, App.
10/28/54)

Sec. 1203.

San Francisco - Police Code

808

SEC. 1203. CANCELLATION OF BOND.

In the event that the bond filed in accordance
with Section 1201 of this Article shall be can-
celed 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 appli-
cant under the provisions of Sections 1200 to
1214 of this Article shall be nontransferable. No
unlicensed person shall be admitted as a mem-
ber of any partnership permitted to engage in
business of merchandising by public outcry un-
less such person shall comply with all of the
provisions of Sections 1200 to 1214 of this Ar-
ticle. 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 loca-
tion 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 re-
quested, or by personal service thereof, an item-
ized inventory of the stock in trade of said
permittee as it existed on the first day of said
month, together with an itemization of pur-
chases made by the said permittee for the three
month period preceding said inventory, and the
cost of the article purchased. This itemized state-
ment shall be subscribed by the permittee him-
self 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, to-
gether 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 inven-
tory. (Added by Ord. 8828, Series of 1939, App.
10/28/54)

SEC. 1206. ACTS PROHIBITED.

It shall be unlawful for anyone merchandis-
ing by means of public outcry any of the articles
mentioned in Section 1200, to grossly misrepre-
sent 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 corpora-
tion. (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 corpo-
ration 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

809

Miscellaneous License Regulations

Sec. 1210.

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 permit-
tee 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 char-
acter 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 revoca-
tion.

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 suffi-
cient 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, payable
in advance from the date of issuance of the
permit, to the Tax Collector of the City and
County of San Francisco. License fees paid under
the provisions of this Section shall not be pro-
rated 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)

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 com-
ply 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

Sec. 1210.

San Francisco - Police Code

810

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 em-
ployee 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 merchan-
dise by public outcry as the agent, servant or
employee or another shall make written applica-
tion 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 appli-
cation 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 applica-
tion 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 obtain-
ing 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 merchan-
dising 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 out-
cry 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. 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 deal-
ing in used or secondhand magnetos, speedom-
eters, equipment, storage batteries, parts of au-
tomobile or other automobile accessories of all
kinds and description, shall keep a record of the
purchase, sale, exchange or storage of such ar-
ticles, 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

811

Miscellaneous License Regulations

Sec. 1239.2.

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 automo-
bile 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, mag-
neto number, storage battery number, transmis-
sion number, radiator number, and speedometer
number, or any other mark of identification,
make, size and serial number of each tire, includ-
ing extra tires, style and seating capacity of all
secondhand automobiles purchased, sold, ex-
changed 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 informa-
tion concerning said articles as may be necessary
to prove ownership and identity of said used or
secondhand automobiles, motor vehicles, motor-
cycles, 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, exchang-
ing, storing or dealing in used or secondhand

automobiles, motor vehicles, motorcycles, equip-
ment, storage batteries and parts of automobiles
or automobile accessories, he must make appli-
cation 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 applica-
tion with the Chief of Police upon a form pro-
vided 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, stor-
ing or dealing in used or secondhand automo-
biles or motor vehicle equipment, storage batter-
ies, parts of automobiles or automobile accessories,
shall pay an annual license fee to the City and
County of San Francisco. (Amended by Ord.
555-81, App. 11/12/81)

SEC. 1239. AUTOMOBILE WRECKERS.

It shall be unlawful to engage in the business
of buying secondhand automobiles or other ve-
hicles 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 per-
mits 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

Sec. 1239.2.

San Francisco - Police Code

812

wrecking the same shall pay a license fee, pay-
able annually in advance, and subject to a monthly
pro rata if not applied for on the first day of any
calendar year. (Added by Ord. 555-81, App. 11/
12/81)

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 merchan-
dise 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 car-
ried 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 deter-
mines 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 continu-
ously 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 Subsec-
tion (a) are satisfied, he may, within his discre-
tion, 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 immedi-
ately 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 inven-
tory 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 is-
sued under the provisions of Section 1268 of this
Article, the permittee shall forward to the Chief

813

Miscellaneous License Regulations

Sec. 1279.

of Police by mail or otherwise an itemized ac-
count of all sales made during said period. This
itemized statement shall be subscribed by the
permittee, and it shall be unlawful for any per-
mittee 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 Depart-
ment 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. SECONDHAND DEALERS-
REQUIRED TO KEEP RECORDS OF
PURCHASES AND SALES.

Every person, firm or corporation dealing in
secondhand goods or licensed to deal in second-
hand goods shall keep a record of the purchase
and sale of all items of tangible personal prop-
erty (as that term is defined in Section 1279.1 of
this Code) sold or purchased (including the sig-
nature of the person selling the same), which
shall at all times during business hours be open
to the inspection of the Chief of Police, or of any
police officer.

Such person, firm or corporation shall at
least once a day make and deliver to the Chief of
Police on a form to be furnished or approved by
the State Department of Justice for that pur-
pose, a full, true and complete record of all
transactions in tangible personal property by
such person, firm or corporation within the City

and County of San Francisco during the 24 hours
preceding said report, together with the time
(meaning the hour of the day) when purchased or
sold or otherwise dealt in or with, and a descrip-
tion of the person or persons from whom bought
or to whom sold, or with whom dealt, and also
the true name thereof as nearly as the same is
known to the person making such report. Said
report shall be written in the English language
in a clear, legible manner. (Amended by Ord.
288-85, App. 6/6/85)

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 secondhand or rebuilt, or recondi-
tioned goods, wares or merchandise. The term
does not include secondhand jewelry dealer, sec-
ondhand clothing dealer, secondhand furniture
and household goods dealer or secondhand book
dealer;

(b) "Secondhand jewelry dealer" means a
person engaging in, conducting, managing or
carrying on the business of buying, selling, or
otherwise dealing in secondhand jewelry, pre-
cious and semi-precious stones and metals and
imitations thereof, watches, rings, bracelets, and
other similar goods, wares or merchandise;

(c) "Secondhand clothing dealer" means a
person engaging in, conducting, managing or
carrying on the business of buying, selling, or
otherwise dealing in secondhand clothing, wear-
ing apparel and other similar goods, wares and
merchandise;

(d) "Secondhand furniture and household
goods dealer" means a person engaging in, con-
ducting, managing or carrying on the business of
buying, selling, or otherwise dealing in second-
hand beds, bedding, tables, desks, chairs, stoves,
floor coverings, crockery, glassware, kitchen and
cooking utensils and appliances, radios, televi-
sions and other similar goods, wares and mer-
chandise;

Sec. 1279.

San Francisco - Police Code

814

(e) "Secondhand book dealer" means a per-
son engaging in, conducting, managing or carry-
ing on the business of buying, selling or other-
wise dealing in secondhand books and magazines,
secondhand textbooks or secondhand educa-
tional materials. (Amended by Ord. 343-72, App.
11/29/72)

SEC. 1279.1. PERMIT FROM CHIEF OF
POLICE; RULES AND REGULATIONS;
DEFINITIONS.

Before any person shall engage in the busi-
ness of secondhand dealer, secondhand jewelry
dealer, secondhand clothing dealer, secondhand
furniture dealer and household goods dealer, or
secondhand book dealer, either exclusively or in
conjunction with some other business, that per-
son must make application to the Chief of Police
for a permit therefor, which said Chief may grant
permission to said applicant to receive a license
from the Tax Collector upon the payment of the
license fee required.

Secondhand dealers in tangible personal prop-
erty, as that term is hereinafter defined, must
also obtain a state secondhand dealer license.
The Chief of Police shall not issue any permit
and the Tax Collector shall not issue any license
to any person, firm or corporation to conduct the
business of a secondhand furniture and house-
hold goods dealer within 200 feet of the property
line of any church or school. Such restrictions
shall not apply to any secondhand furniture and
household goods dealer now conducting business
within such distance. Said Chief of Police shall
have the power to revoke said permit after hear-
ing upon good cause being shown. The Chief of
Police may adopt, after a noticed public hearing,
such rules and regulations regarding second-
hand dealers as will effectuate the purposes of
this Article and are not in conflict therewith.
Said rules and regulations shall become effective
10 days after adoption by the Chief of Police.

"Tangible personal property" is defined as set
forth in the California Business and Professions
Code sections governing secondhand dealers, and
shall include all personal property commonly
sold by secondhand dealers which is determined
by the Attorney General to be frequently stolen

and is contained in that list of such personal
property which is compiled and periodically re-
vised by the Attorney General and supplied to
local law enforcement agencies. The Chief of
Police may by rule or regulation amend the
Attorney General's list to include additional items
which the Chief has determined to be frequently
stolen in the City and County. Such additional
items shall thereafter be considered tangible
personal property for purposes of this Article.
(Amended by Ord. 288-85, App. 6/6/85)

SEC. 1279.2. ANTIQUE SHOPS;
DEFINITION; PERMIT.

(a) Definition. As used in this Article:

"Antique Shop" means a shop where second-
hand merchandise is sold at retail but where at
least 90 percent, measured according to value, of
the used or secondhand merchandise on hand at
any one time consists of objects of art, bric-a-
brac, curios or household furniture or furnish-
ings, offered for sale upon the basis, express or
implied, that the value of the property, in whole
or in substantial part, is derived from its age or
from its historical association.

(b) Permit Required. The operator of any
antique shop 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 an antique shop.

The holder of an antique shop permit shall
comply with all the provisions of this Article
pertaining to secondhand dealers. (Added by
Ord. 8570, App. 3/26/70)

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

815

Miscellaneous License Regulations

Sec. 1281.

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 elec-
tronic 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 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)

SEC. 1280. DEALERS IN SPECIFIED
SECONDHAND GOODS.

(a) Dealers in Secondhand Clothing. Ev-
ery person, firm or corporation engaged in the
principal business of buying, selling or exchang-
ing secondhand clothing or personal apparel, or
who, while so engaged in the principal business
of buying, selling or exchanging secondhand cloth-
ing or personal apparel, buys, sells or exchanges
as incidental to his aforesaid business, second-
hand trunks, secondhand shoes, secondhand suit-
cases, secondhand musical instruments, second-
hand jewelry, secondhand firearms, secondhand
tools, or merchandise incidental or connected
with the purchase, sale or exchange of second-
hand clothing or personal apparel, shall (after
securing a permit from the Chief of Police to
carry on said business), pay a license fee; pro-
vided that nothing contained in this Section
shall exempt any person, firm or corporation
engaged in the business of buying, selling or
exchanging secondhand furniture, from the pay-
ing of the license provided for in Section 1280.1
of this Article; and, provided further, that noth-
ing contained in this Section shall relieve or
exempt any person, firm or corporation from

complying with all provisions of Sections 612 to
617 of this Code relating to the acquisition of
firearms.

(b) Dealers in Secondhand Furniture

and Household Goods. Every person, firm or
corporation engaged in the business of buying,
selling or exchanging secondhand furniture and
household goods, either exclusively or in conjunc-
tion with some other business, upon obtaining a
permit from the Chief of Police to carry on said
business, shall pay a license fee.

The term "furniture and household goods" as
used in this Article shall mean and include beds,
bedding, tables, desks, chairs, stoves, floor cov-
erings, crockery, glassware, kitchen and cooking
utensils.

(c) Dealers in Secondhand Barrels. Ev-
ery person, firm or corporation engaged in the
business of buying, selling or exchanging second-
hand barrels shall pay a license fee. (Added by
Ord. 555-81, App. 11/12/81)

SEC. 1280.1. DEALERS IN
SECONDHAND GOODS.

Every person, firm or corporation engaged in
the business of buying, selling or exchanging
secondhand goods, such as provisions, goods,
wares, merchandise, medicines, drugs, jewelry,
precious metals or wares, upon obtaining a per-
mit from the Chief of Police to carry on the
business, shall pay a license fee. (Added by Ord.
555-81, App. 11/12/81)

SEC. 1281. FURNITURE AND
HOUSEHOLD GOODS— DEFINED.

The terms "furniture and household goods"
as used in Sections 1276 to 1280, inclusive, of
this Article shall mean and include beds, bed-
ding, tables, desks, chairs, stoves, floor cover-
ings, crockery, glassware, kitchen and cooking
utensils; the terms "furniture and household
goods" as used in Sections 1276 and 1280 of this
Article shall mean and include, in addition to the
articles listed above, books, periodicals and printed
matter. (Amended by Ord. 91-62, App. 4/5/62)

Sec. 1282.

San Francisco - Police Code

816

SEC. 1282. LICENSED AUCTIONEERS
EXCEPTED.

The terms of Sections 1276 to 1281, inclusive,
of this Article shall not apply to any licensed and
bonded auctioneer. (Added by Ord. 1.075, App.
10/11/38)

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 per-
mission 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 dis-
charge 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 FIREARMS
PROHIBITED— FIREWORKS.

No person or persons, firm, company, corpo-
ration or association shall fire or discharge any
firearms or 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)

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 me-
chanical device; any ice pick, or similar sharp,
stabbing tool; any straight edge razor or any
razor blade fitted to a handle; any cutting, stab-
bing, 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. (Amended by Ord. 9939,
Series of 1939, App. 10/17/56)

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, trans-
fer 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

817

Miscellaneous License Regulations

Sec. 1295.

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 pro-
scribed 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 Sub-
section (a), other than table knives. This prohi-
bition 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 pro-
vision of this Article shall be guilty of a misde-
meanor 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 accu-
satory pleading charging a violation of this Ar-
ticle, if the defendant has been previously con-

victed 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 misde-
meanor 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 misde-
meanor 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; pro-
vided, however, that no license shall be issued
hereunder unless the applicant therefor shall
first have obtained a written permit from the
Chief of Police authorizing him to act as such
guide.

(b) Every person desiring a permit pursu-
ant 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 con-
spicuously 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. (Added by
Ord. 555-81, App. 11/12/81)

Sec. 1298. San Francisco - Police Code 818

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 Bev-
erage Control ("ABC") place conditions on a
retail licensee or upon any licensee in the exer-
cise 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, pursu-
ant 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)

[The next page is 827]

ARTICLE 17.1: REGULATIONS FOR FORTUNETELLING;
PERMIT AND LICENSE PROVISIONS

Sec. 1300. Purpose.
Sec. 1301. Permit Required for
Fortunetelling.

Sec. 1302. Definitions.

Sec. 1303. Exception.

Sec. 1304. Application for Permit for

Fortunetelling.
Sec. 1305. Permit Grant or Denial.
Sec. 1306. Suspension, Revocation, or

Reinstatement of Fortunetelling

Permit.
Sec. 1307. Permit Forwarded to Tax

Collector; Payment of License

Fees.
Sec. 1308. Renewal of Permit.
Sec. 1309. License Fees.
Sec. 1310. Removal or Transfer of Permit

or License Prohibited.
Sec. 1311. Deceptive Acts.
Sec. 1312. Receipts.
Sec. 1313. Identification Cards.
Sec. 1314. Rate Schedule and Complaint

Procedure.
Sec. 1315. Advertising.
Sec. 1316. Updated Information.
Sec. 1317. Effective Date.
Sec. 1318. Rules and Regulations to Be

Adopted.
Sec. 1319. Ascertainment of Compliance

with All Law; Inspections

Therefor.
Sec. 1319.1. Penalty.
Sec. 1319.2. Severability Clause.

SEC. 1300. PURPOSE.

The purpose of this legislation is to regulate
fortunetellers, psychics, and other similar busi-
nesses so that the City and County of San
Francisco can efficiently and thoroughly investi-

gate fraud and deception, protect the public by
preventing people who have been charged with
deceptive practices from having easy access to
persons who may be vulnerable to fraud or
confidence games, to ensure that consumers are
provided with information regarding services,
rates, and complaint procedures, and to foster a
positive business environment for legitimate prac-
titioners within this industry. (Added by Ord.
196-03, File No. 021948, App. 8/1/2003)

SEC. 1301. PERMIT REQUIRED FOR
FORTUNETELLING.

It shall be unlawful for any person to adver-
tise or offer or engage in the activity, enterprise,
profession, trade, or undertaking of fortunetell-
ing with the object of gain, benefit or advantage,
whether direct or indirect, without a valid per-
mit issued by the San Francisco Police Depart-
ment. Gain, benefit or advantage includes but is
not limited to economic remuneration of any
kind, including authorization to use credit issued
to another, use of another's property or assets,
loans, or the provision of tangible items. (Added
by Ord. 196-03, File No. 021948, App. 8/1/2003)

SEC. 1302. DEFINITIONS.

(a) Fortunetelling shall mean the telling of
fortunes, forecasting of futures, or reading the
past, by means of any occult, psychic power,
faculty, force, clairvoyance, cartomancy, psychom-
etry, phrenology, spirits, tea leaves, tarot cards,
scrying, coins, sticks, dice, sand, coffee grounds,
crystal gazing or other such reading, or through
mediumship, seership, prophecy, augury, astrol-
ogy, palmistry, necromancy, mindreading, telepa-
thy or other craft, art, science, talisman, charm,
potion, magnetism, magnetized article or sub-
stance, or by any such similar thing or act. It
shall also include effecting spells, charms, or
incantations, or placing, or removing curses or
advising the taking or administering of what are

827

Sec. 1302.

San Francisco - Police Code

828

commonly called love powders or potions in or-
der, for example, to get or recover property, stop
bad luck, give good luck, put bad luck on a person
or animal, stop or injure the business or health of
a person or shorten a person's life, obtain success
in business, enterprise, speculation and games of
chance, win the affection of a person, make one
person marry or divorce another, induce a person
to make or alter a will, tell where money or other
property is hidden, make a person to dispose of
property in favor of another, or other such simi-
lar activity.

(b) Fortunetelling shall also include pretend-
ing to perform these actions.

(c) Persons as used in Sections 1300 to 1321
shall mean an individual. Corporations and other
legal entities shall not be entitled to a fortune-
telling permit. (Added by Ord. 196-03, File No.
021948, App. 8/1/2003)

SEC. 1303. EXCEPTION.

Sections 1300 through 1321 shall not apply:

(a) To persons solely by reason that the
person is engaged in the business of entertaining
the public by demonstrations of mindreading,
mental telepathy, thought conveyance, magic,
giving of horoscopic readings or other fortunetell-
ing at public places and in the presence of and
within the hearing of other persons, and where
any questions answered as part of such enter-
tainment may be heard by all persons present at
such public place.

(b) To persons conducting or participating
in any religious ceremony as a minister, mission-
ary, medium, healer, or clairvoyant, hereinafter
collectively referred to as minister, from any
bona fide church or religious association that
conducts regular services and has a creed or set
of religious principles that is recognized by all
groups of like faith, provided that:

(1) The benefit, gain or advantage shall be
regularly accounted for and paid solely to or for
the benefit of the bona fide church or religious
association except that the bona fide church or
religious association may pay to its ministers a
salary or compensation based upon a percentage
only, pursuant to an agreement between the

church and the ministers that is embodied in a
resolution and transcribed in the minutes of
such church or religious association. (Added by
Ord. 196-03, File No. 021948, App. 8/1/2003)

SEC. 1304. APPLICATION FOR PERMIT
FOR FORTUNETELLING.

Application shall be on a form provided by
the SFPD and shall include:

(a) The full true name under which the
business will be conducted.

(b) The applicant's full true name, and other
names used, date of birth, California Driver's
License or passport or other government-issued
identification, present residence address and tele-
phone numbers.

(d) The name or names under which the
permittee will be identifying himself or herself to
the public.

(e) The present or proposed address where
the business will be conducted. If the business is
to be conducted in a street location or other
location that is not fixed, the applicant shall so
indicate, and provide the applicant's home ad-
dress.

(f) The applicant's gender, height, weight,
color of hair, and color of eyes.

(g) All addresses at which the applicant has
resided within five years prior to the application.

(h) The applicant's business, occupation, and
employment history for the five years preceding
the date of the application.

(i) The occupational permit history of the
applicant, including whether such person has
ever had a permit or license issued for any
fortunetelling or related business, by any agency,
board, city, city and county, county, territory or
state, the issuing agency, the date of issuance,
and whether the permit was suspended or re-
voked and the reasons therefor.

829

Regulations for Fortunetelling; Permit and License Provisions

Sec. 1307.

(j) The address, City and State, and the
approximate dates where and when the appli-
cant practiced a similar business, either alone or
in conjunction with others.

(k) All convictions of any crime within the
seven years prior to the application other than
traffic offenses, whether in California or else-
where, relating to fraud, theft, burglary, use of
violence, deceit or false impersonation.

(1) Information requested by the Chief of
Police necessary to ascertain the truth of the
matters specified and required on the applica-
tion.

(m) A full set of fingerprints to be taken by
the SFPD.

(n) Photographs to be taken by the SFPD.

(0) The required application fee as set forth
in the Administrative Code. (Added by Ord.
196-03, File No. 021948, App. 8/1/2003)

SEC. 1305. PERMIT GRANT OR DENIAL.

(a) Upon receipt of a completed application,
the Chief of Police shall calendar the permit for
public hearing within 30 days. The Chief shall
grant or deny the application within 15 days of
the hearing. The applicant may appeal the de-
nial of the application to the Board of Appeal, or
may file a writ of mandamus with the Superior
Court.

(b) The Chief of Police shall grant the per-
mit unless the Chief finds:

(1) The applicant has been convicted of a
felony or two or more misdemeanors relating to
fraud, theft, burglary, use of violence, deceit, or
false impersonation within the seven years prior
to the date of application.

(2) The applicant has previously had an
occupational permit revoked or suspended for
violation of permitting conditions related to fraud,
theft, burglary, use of violence, deceit or false
impersonation, within the seven years prior to
the date of application.

(3) The applicant has failed to provide in-
formation required by this chapter or has pro-
vided false or misleading information required
by this chapter to the Police Department or other
City agency.

(4) The applicant has failed to pay the re-
quired fees. (Added by Ord. 196-03, File No.
021948, App. 8/1/2003)

SEC. 1306. SUSPENSION, REVOCATION,
OR REINSTATEMENT OF
FORTUNETELLING PERMIT.

When the Chief of Police determines that the
permittee is violating or is attempting to violate
(as defined in Penal Code Section 664) any law of
the State of California relating to fraud, theft,
burglary, use of violence, deceit, false imperson-
ation or is violating or attempting to violate (as
defined in Penal Code Section 664) the rules and
regulations of the Police Department, permit
restrictions or ordinances that are applicable to
the business, or has made material misrepresen-
tations on the permit application or other re-
quired reports, the Chief of Police, after written
notice to the permittee, shall have the power to
suspend and, after due and proper hearing, shall
have the power to revoke, any permit issued
under the provisions of Sections 1300 — 1321
inclusive. When suspended or revoked, the per-
mittee shall immediately surrender the permit
to the Police Department's Permit Bureau.

The Chief of Police shall cause to be for-
warded to the Tax Collector written notice of any
revocation, suspension or reinstatement of any
permit herein provided for.

The permittee shall be prohibited from apply-
ing for a fortunetelling permit for one year fol-
lowing denial or revocation of a fortunetelling
permit.

The permittee may appeal the revocation to
the Board of Appeal. (Added by Ord. 196-03, File
No. 021948, App. 8/1/2003)

SEC. 1307. PERMIT FORWARDED TO
TAX COLLECTOR; PAYMENT OF
LICENSE FEES.

When the Chief of Police issues a permit
under the provisions of this Article, the Chief of
Police shall cause such permit to be forwarded to
the office of the Tax Collector for delivery to the

Sec. 1307.

San Francisco - Police Code

830

permittee upon the payment of the license fees.
(Added by Ord. 196-03, File No. 021948, App.
8/1/2003)

SEC. 1308. RENEWAL OF PERMIT.

A permit for fortunetelling shall be renewed
as set forth in Sections 2.8 and 2.10 of this Code.
(Added by Ord. 196-03, File No. 021948, App.
8/1/2003)

SEC. 1309. LICENSE FEES.

Every holder of a fortuneteller's permit shall
pay at the office of the Tax Collector an annual
license fee, payable in advance. The permit is not
valid unless the license fee has been paid. (Added
by Ord. 196-03, File No. 021948, App. 8/1/2003)

SEC. 1310. REMOVAL OR TRANSFER OF
PERMIT OR LICENSE PROHIBITED.

Nothing in Section 1300 — 1321, inclusive,
shall permit the removing or transferring of the
permit or license to any person other than for
whom the permit or license was originally is-
sued. (Added by Ord. 196-03, File No. 021948,
App. 8/1/2003)

SEC. 1311. DECEPTIVE ACTS.

Fortunetellers shall not engage in unfair or
deceptive practices, within the meaning of Cali-
fornia Business and Professions Code § 17200,
during the conduct of any fortunetelling activi-
ties. (Added by Ord. 196-03, File No. 021948,
App. 8/1/2003)

SEC. 1312. RECEIPTS.

(a) The fortuneteller shall issue a written
receipt that shall include the name of the per-
mittee who provided the services, the permittee's
permit number, the services rendered, the amount
charged for each service provided, and the amount
paid or expected. If payment is made in a method
other than cash, check, or credit card, the receipt
shall so indicate.

(b) The permittee must keep copies of re-
ceipts for five years from date of issuance. (Added
by Ord. 196-03, File No. 021948, App. 8/1/2003)

SEC. 1313. IDENTIFICATION CARDS.

The Chief of Police shall provide each fortu-
neteller granted a permit with an identification
nameplate that shall contain a photograph, right
thumbprint, name, and permit number of the
permittee. The permittee must post the identifi-
cation nameplate in a location clearly visible
from the place where the fortuneteller tells for-
tunes or otherwise engages in the activity regu-
lated by this article. The Department shall charge
a fee for each identification nameplate issued as
set annually by the San Francisco Police Com-
mission. (Added by Ord. 196-03, File No. 021948,
App. 8/1/2003)

SEC. 1314. RATE SCHEDULE AND
COMPLAINT PROCEDURE.

(a) When a fortuneteller operates at a rov-
ing or unfixed location, the fortuneteller shall
provide a written copy of rate information to the
customer that shall be printed in plain, legible
letters. The rate document shall include a state-
ment that if the customer has complaints, the
customer may phone the City and County of San
Francisco at 551-9595.

(b) When a fortuneteller operates out of a
fixed location, the fortuneteller shall post rate
information in a conspicuous place accessible by
the patrons at the fixed location on a sign at least
8 x 10 inches in 14 pt. type. The signage shall
also include a statement that if the customer has
complaints, the customer may phone the City
and County of San Francisco at 551-9595.

(c) If the fortuneteller operates by donation
or an indirect method of payment, including
remuneration that is at the discretion of the
customer, the schedule of rates shall so indicate.

(d) The rates published shall be the only
rates charged. (Added by Ord. 196-03, File No.
021948, App. 8/1/2003)

SEC. 1315. ADVERTISING.

All persons who advertise fortunetelling shall
include in the advertising the number of the
permit issued by the San Francisco Police De-
partment. (Added by Ord. 196-03, File No. 021948,
App. 8/1/2003)

831

Regulations for Fortunetelling; Permit and License Provisions

Sec. 1319.2.

SEC. 1316. UPDATED INFORMATION.

When any of the information required by this
Article or provided by the applicant changes, the
permit holder shall within 15 days of the change
provide to the Police Department's Permit Bu-
reau in writing the updated information. (Added
by Ord. 196-03, File No. 021948, App. 8/1/2003)

SEC. 1317. EFFECTIVE DATE.

Any person operating as a fortuneteller within
the City and County of San Francisco when
ordinance enacted shall have three months from
the effective date of the Article to obtain a
permit. (Added by Ord. 196-03, File No. 021948,
App. 8/1/2003)

SEC. 1318. RULES AND REGULATIONS
TO BE ADOPTED.

The Chief of Police may, after a public hear-
ing, make and enforce reasonable rules and
regulations not in conflict with, but to carry out,
the intent of Sections 1300 to 1321. If the Chief
adopts such rules and regulations, the Chief
shall mail copies of the rules and regulations to
all holders of permits under this Chapter. (Added
by Ord. 196-03, File No. 021948, App. 8/1/2003)

SEC. 1319. ASCERTAINMENT OF
COMPLIANCE WITH ALL LAW;
INSPECTIONS THEREFOR.

The permittee shall upon request provide to
the Police Department for inspection copies of all
documents that the permittee is required by
Sections 1300 to 1321 and by other laws to keep
upon request. (Added by Ord. 196-03, File No.
021948, App. 8/1/2003)

SEC. 1319.1. PENALTY.

Any person violating any provision of this
section shall be guilty of a misdemeanor or an
infraction. The complaint charging such viola-
tion 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 $100 or more than $500 and/or community
service, for each provision violated.

If charged as a misdemeanor, upon convic-
tion, the violator shall be punished by a fine of
not less than $200 or more than $800, and/or
community service, 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 viola-
tion of this section, if the defendant has been
previously convicted of a violation of this section,
each such previous violation and conviction may
be charged in the accusatory pleading. Any per-
son violating any provision of this section a
second time shall be guilty of a misdemeanor and
shall be punished by a fine of not less than $300
and not more than $900, and/or community
service, for each provision violated, or by impris-
onment in the County Jail for a period of not
more than six months, or by both such fine and
imprisonment. Any person violating any provi-
sion of this section a third time, and each subse-
quent time shall be guilty of a misdemeanor and
shall be punished by a fine of not less than $400
and not more than $1,000, and/or community
service, for each provision violated, or by impris-
onment in the County Jail for a period of not
more than six months, or by both such fine and
imprisonment. (Added by Ord. 196-03, File No.
021948, App. 8/172003)

SEC. 1319.2. SEVERABILITY CLAUSE.

If any provision or clause of this ordinance or
the application thereof to any person or circum-
stance is held to be unconstitutional or to be
otherwise invalid by any court of competent
jurisdiction, such invalidity shall not affect other
article provisions or clauses or applications, and
to this end the provisions and clauses of this
ordinance are declared to be severable. (Added
by Ord. 196-03, File No. 021948, App. 8/1/2003)

Sec. 1319.2. San Francisco - Police Code 832

[The next page is 841]

ARTICLE 17.2: REGULATIONS FOR MOBILE CATERERS; PERMIT AND LICENSE

PROVISIONS

Sec. 1320.

Sec. 1320.1.

Sec. 1320.2.

Sec. 1320.3.

Sec. 1320.4.

Sec. 1320.5.

Sec. 1320.6.

Sec. 1320.7.

Sec. 1320.8.

Sec. 1320.9.

Sec. 1320.10.

Sec. 1320.10.1

Sec. 1320.10.2

Sec. 1320.11.

Sec. 1320.12.

Sec. 1320.13.

Sec. 1320.14.

Sec. 1320.15.

Sec. 1320.16.

Sec. 1320.17.

Sec. 1320.18.

Definitions.

Permit Required.

Filing and Fee Provision.

Application Form.

Corporate Applicants;

Exemption.

Mobile Catering Permit; Limit

One to Family.

Applications — Reference to

Director of Public Health.

Notice of Hearing.

Issuance of Permit.

Mobile Catering Vehicles —

Identification.

Exemption from Prohibition of

Selling from Vehicles in

Business Districts.

. Prohibition of Selling from

Vehicles in "P" Districts and

Open Space Districts on Twin

Peaks.
. Prohibition Against Selling

Within 1,500 Feet of a Public

School.
Employment of an Assistant
Mobile Catering Operator.
Lunch Service Labeling
Requirement.

Mobile Catering Vehicles —
Annual Inspection.
Rules and Regulations by Chief
of Police or Director of Public
Health.

Identification Card.
Mobile Catering Vehicles — Decal
and Display Thereof.
Route Approval by Chief of
Police.

Suspension and Revocation of
Permit.

Sec.

1320.19.

License Fees.

Sec.

1320.20.

Transfer of Permit.

Sec.

1320.21.

Forfeiture of License Fee.

Sec.

1320.22.

Time Limit for Filing
Application for Permit —
Nonretroactive Application to
Existing Permit.

Sec.

1320.23.

Penalty.

Sec.

1320.24.

Severability.

SEC. 1320. DEFINITIONS.

For the purpose of this Article the following
words and phrases mean and include:

(a) Mobile Caterer. Any vehicle wherein
or wherefrom wrapped food, foodstuffs, products,
liquids or material intended or food or drink for
human consumption are sold, served, distrib-
uted, or offered for sale at retail or given away to
the public; provided, however, the term "Mobile
Caterer," for the purposes of securing a Police
Department permit under the provisions of this
Article, does not include those mobile caterers
distributing food and/or drink for human con-
sumption that operate wholly, and exclusively on
streets, drives, alleys, squares, parks, piers, load-
ing facilities, schools, colleges or universities
under the jurisdiction of the Recreation and
Park Commission of the City and County of San
Francisco, the Board of Education of the City and
County of San Francisco or the San Francisco
Port Commission and are authorized by said
Commissions or Board to maintain stopping places
to conduct sales of food and/or drink for human
consumption at locations under the authority of
said Commissions or Board, and has been issued
a certificate of sanitation by the Director of
Public Health as an "Itinerant Restaurant."

(b) Person. An individual, firm, partner-
ship, joint venture, association, social club, fra-
ternal organization, joint stock company, corpo-
ration, estate, trust, business trust, receiver,

841

Supp. No. 6, March 2007

Sec. 1320.

San Francisco - Police Code

842

trustee, syndicate, or any other group or combi-
nation acting as a unit, excepting the United
States of America, the State of California, and
any political subdivision of either thereof.

(c) Operator. Any person, including an as-
sistant mobile catering permittee, who operates
a mobile catering vehicle wherefrom food prod-
ucts and material intended for food or drink for
human consumption are sold, served, distributed
or offered for sale at retail or given away to the
public.

(d) Chief of Police. The Chief of Police of
the City and County of San Francisco or a
designated representative of the Chief of Police.

(e) Director. The Director of Public Health
of the City and County of San Francisco or a
designated representative of the Director.

(f) Tax Collector. Tax Collector of the City
and County of San Francisco.

(g) City. The City and County of San Fran-
cisco.

(h) Family. Two individuals related as hus-
band and wife. (Amended by Ord. 13-73, App.
1/5/73)

SEC. 1320.1. PERMIT REQUIRED.

It shall be unlawful for any person to operate
or to cause or permit to be operated any mobile
catering vehicle without first having obtained a
permit from the Chief of Police after approval by
the Director of Public Health. (Added by Ord.
229-71, App. 9/10/71)

SEC. 1320.2. 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 said
Chief of Police and shall pay a filing fee which
shall not be refundable. A percentage of said
permit application fee shall be credited to the
Department of Public Health pursuant to the
annual determination by the Controller as pro-
vided by Section 2.25 of this Code. (Amended by
Ord. 555-81, App. 11/12/81)

SEC. 1320.3. APPLICATION FORM.

Except as otherwise provided herein, an ap-
plication for a permit pursuant to the provisions
of this Article shall specify:

(a) The name, business and residence ad-
dress of the applicant and the address where the
mobile catering vehicle is stored during nonop-
erating hours. If the applicant is a corporation,
the name of the corporation shall be set forth
exactly as shown in its articles of incorporation;
the names and residence addresses of each of the
officers, directors and each stockholder owning
more than 10 percent of the stock of the corpo-
ration. If the applicant is a partnership, the
application shall set forth the name and resi-
dence address of each of the partners, including
limited partners. If one or more of the partners is
a corporation, the provisions of this Section per-
taining to a corporate applicant apply. A natural
person shall not acquire a stock interest in more
than one corporate permittee.

(b) A description of the mobile catering ve-
hicle, including the following data: The make,
model and type of body; the number of cylinders;
the vehicle identification number or any other
identifying number as may be required by the
Chief of Police.

(d) 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.

(e) Such information pertinent to the opera-
tion of the proposed activity, including informa-
tion as to management and authority control, as
the Chief of Police or Director may require of an
applicant in addition to the other requirements
of this section.

(f) The address to which notice, when re-
quired, is to be sent or mailed, and the name and
address of a person authorized to accept service
or process, if not otherwise set forth herein.

Supp. No. 6, March 2007

843

Regulations for Mobile Caterers; Permit and License Provisions

Sec. 1320.8.

(g) A photograph will be required to accom-
pany the application.

(h) Whether the application is for a new
permit or for the renewal of an existing permit.

(i) The applicant must provide the route
that he intends to serve and the locations where
the operator intends to park the mobile catering
vehicle for his sales activities.

(j) The Chief of Police shall require finger-
print 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
mobile catering vehicle for which the permit is to
be issued. (Added by Ord. 229-71, App. 9/10/71)

SEC. 1320.4. CORPORATE APPLICANTS;
EXEMPTION.

The provisions of Sections 1320.3 (a), (d) and
(j) entitled "Application Form" relating to require-
ments 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 institu-
tion or title 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. 229-71,
App. 9/10/71)

SEC. 1320.5. MOBILE CATERING
PERMIT* LIMIT ONE TO FAMILY.

Only one permit for operation of a mobile
catering vehicle shall be issued to one family
unit; provided, however, that permit holders on
the effective date of this ordinance shall be
exempt from provision of this Section. Any appli-
cation filed for a mobile catering permit where it
is determined by the Chief of Police that a permit
has already been issued to another member of
the same family shall not be processed further,
and the failure or refusal to hear any such

application shall not be appealable to the Board
of Permit Appeals. (Added by Ord. 229-71, App.
9/10/71)

SEC. 1320.6. APPLICATIONS-
REFERENCE TO DIRECTOR OF PUBLIC
HEALTH.

No permit to operate any mobile catering
vehicle in the City shall be originally issued or
renewed unless said mobile catering vehicle has
been inspected by the Director of Public Health
and a Sanitation Certificate has been issued.
The Director shall make or cause to be made an
investigation of such mobile catering vehicle so
that said vehicle conforms with the provisions of
this Article and to all applicable State laws and
statutes regarding the operation of mobile cater-
ing vehicles. Upon a conclusion of his investiga-
tion, the Director shall make his recommenda-
tion to the Chief of Police within 30 days after
the filing of such application with the Police
Department. (Added by Ord. 229-71, App. 9/10/
71)

SEC. 1320.7. NOTICE OF HEARING.

When an application is filed for a new permit
under this Article, the Chief of Police shall fix a
time and place for a public hearing thereon
within 20 days from the date of report by the
Director. Not less than 10 days before the date of
such hearing the Chief of Police shall cause to be
published a notice of such hearing in the official
newspaper of the City and County of San Fran-
cisco. Such notice shall set forth the following:
The name and business address of the applicant;
the name and type of vehicle to be used; any
fictitious name the applicant desires to use; and
the hours of operation. (Added by Ord. 229-71,
App. 9/10/71)

SEC. 1320.8. ISSUANCE OF PERMIT.

The Chief of Police may issue a permit within
14 days following a hearing as provided herein,
based upon his investigation and the investiga-
tion of the Director, if he finds:

(1) That the operation, as proposed by the
applicant, would comply with all applicable laws,
including but not limited to the City's health,
zoning and traffic ordinances;

Supp. No. 6, March 2007

Sec. 1320.8.

San Francisco - Police Code

844

(2) That the applicant who will be directly
engaged in the operation of the mobile catering
vehicle has not been convicted of a felony within
the past five years;

(3) That the applicant has not made any
false, misleading or fraudulent statement of facts
in the permit application or any other document
required by the Chief of Police or the Director in
conjunction therewith. (Added by Ord. 229-71,
App. 9/10/71)

SEC. 1320.9. MOBILE CATERING
VEHICLES— IDENTIFICATION.

Mobile catering vehicles shall be maintained
in good repair, in good sanitary condition and
shall have permittee's name and address painted
on both sides of the door in letters at least three
inches in height. (Added by Ord. 229-71, App.
9/10/71)

SEC. 1320.10. EXEMPTION FROM
PROHIBITION OF SELLING FROM
VEHICLES IN BUSINESS DISTRICTS.

An operator of a mobile catering vehicle shall
be allowed to offer for sale at retail or give away
any food or drink for human consumption in any
business district. (Added by Ord. 229-71, App.
9/10/71; amended by Ord. 114-05, File No. 050573,
App. 6/10/2005)

SEC. 1320.10.1. PROHIBITION OF
SELLING FROM VEHICLES IN "P"
DISTRICTS AND OPEN SPACE
DISTRICTS ON TWIN PEAKS.

No operator of a mobile catering vehicle shall
offer for sale or give away any food or drink for
human consumption within or adjacent to the
curb of any "P" district as defined in Section 234
of the City Planning Code (Part II, Chapter II,
San Francisco Municipal Code) located on Twin
Peaks or in any areas in or adjacent to Open
Space districts located on Twin Peaks, except
pursuant to a permit duly issued and in force
upon the effective date of this amended ordi-
nance, and further except as may be authorized
from time to time by the Recreation and Park

Commission in appropriate areas under the ju-
risdiction of said Commission. (Amended by Ord.
423-81, App. 8/7/81)

SEC. 1320.10.2. PROHIBITION AGAINST
SELLING WITHIN 1500 FEET OF A
PUBLIC SCHOOL.

No operator of a mobile catering vehicle shall
offer for sale or give away any food or drink for
human consumption within 1,500 feet of the
property line of any public middle school, junior
high school, or high school between the hours of
7:00 a.m. and 5:00 p.m., unless the Chief of
Police has approved such sales in accordance
with Section 1320.17 of this Article, and the sales
are made from a construction site, and the mo-
bile catering vehicle is parked entirely on private
property, and the operator does not sell or give
away food or drink to minors. (Added by Ord.
68-07, File No. 070080, App. 3/30/2007)

SEC. 1320.11. EMPLOYMENT OF AN
ASSISTANT MOBILE CATERING
OPERATOR.

Every person holding a permit as a mobile
caterer shall be permitted to employ one assis-
tant mobile catering operator who shall be sub-
ject to the same rules and regulations herein
provided for a mobile catering operator. The
assistant mobile catering operator shall not be
permitted to operate a mobile catering vehicle
during the same hours as the licensed operator.

Each assistant mobile catering operator shall
be required to fill out an application on a form
prescribed by the Chief of Police and shall pay a
filing fee and shall receive a similar identifica-
tion card as specified in Section 1320.15 and
shall be required to have this card in his posses-
sion at all times during operation of the mobile
catering vehicle. The identification number as-
signed by the Chief of Police to the mobile
catering operator shall be endorsed on the iden-
tification card. (Amended by Ord. 555-81, App.
11/12/81)

SEC. 1320.12. LUNCH SERVICE
LABELING REQUIREMENT.

Every box lunch or sandwich prepared for
sale or distribution shall be securely wrapped
and labeled at the place where prepared. (Added
by Ord. 229-71, App. 9/10/71)

Supp. No. 6, March 2007

845

Regulations for Mobile Caterers; Permit and License Provisions

Sec. 1320.19.

SEC. 1320.13. MOBILE CATERING
VEHICLES— ANNUAL INSPECTION.

All mobile catering vehicles having a permit
and the Director's approval to operate within the
City shall be subject to an annual inspection and
issuance of new Certificate of Sanitation at a
time and place designated by the Director. Fail-
ure to appear for vehicle inspection as described
above shall be deemed a violation of this Article
and may be cause for revocation of said permit to
operate. (Added by Ord. 229-71, App. 9/10/71)

SEC. 1320.14. RULES AND
REGULATIONS BY CHIEF OF POLICE
OR DIRECTOR OF PUBLIC HEALTH.

The Chief of Police and the Director of Public
Health may adopt, after a noticed public hear-
ing, rules and regulations supplemental to this
Article and not in conflict therewith. The rules
and regulations shall become effective 10 days
after adoption by either the Chief of Police or the
Director of Public Health. (Added by Ord. 229-
71, App. 9/10/71)

SEC. 1320.15. IDENTIFICATION CARD.

The Chief of Police shall issue to each per-
mittee and to each assistant mobile caterer an
identification card which shall contain a photo-
graph of the permittee with the number of the
permit in figures plainly discernible. The Chief
of Police shall determine the manner and form of
any other information that may be placed upon
this identification card. Such identification card
must be in the possession of the operator or the
assistant mobile catering operator, if permitted,
at all times during hours that the mobile cater-
ing vehicle is in operation and shall be produced
upon of either a police officer or Health Depart-
ment inspector. A fee shall be charged for each
identification card issued in an amount suffi-
cient to cover the cost of said card. (Amended by
Ord. 555-81, App. 11/12/81)

SEC. 1320.16. MOBILE CATERING
VEHICLES— DECAL AND DISPLAY
THEREOF.

The Director of Public Health shall annually
issue a Certificate of Sanitation as a decal which

shall be affixed to the lower right-hand corner of
the windshield. The number assigned to each
vehicle shall be forwarded to the Chief of Police.
(Added by Ord. 229-71, App. 9/10/71)

SEC. 1320.17. ROUTE APPROVAL BY
CHIEF OF POLICE.

The Chief of Police shall review and approve
the routes submitted by the permittee in his
application for permit. The approved route and
stops thereon shall be available for inspection
within the vehicle at all times during hours of
operation. Requests for route changes shall be
made by application to the Chief of Police upon a
form provided by said Chief of Police and a filing
fee shall be charged therefor. (Amended by Ord.
555-81, App. 11/12/81)

SEC. 1320.18. 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 state-
ment contained in the application for permit.

(b) Violation of provisions of this Article,
the San Francisco Municipal Code or any of the
laws of the State of California regarding mobile
catering vehicles.

(d) Violations of provisions of the City's Traf-
fic Code or the State Vehicle Code. (Added by
Ord. 229-71, App. 9/10/71)

SEC. 1320.19. LICENSE FEES.

Every person, firm or corporation who oper-
ates a mobile catering vehicle as defined herein
shall pay to the Tax Collector an annual license
fee, payable in advance. The fees earned herein
by the Department of Public Health pursuant to
the provisions of Section 6.402 of the City's
Charter shall be credited to said Department
pursuant to the provisions of Section 2.25 of this
Code.

The license fee prescribed in this Section is
due and payable on a calendar year basis start-

Supp. No. 6, March 2007

Sec. 1320.19.

San Francisco - Police Code

846

ing 30 days after the first day of January, 1977,
or in any subsequent calendar year shall be
prorated with regard to the calendar year on a
monthly basis.

No permit or license shall be initially issued
pursuant to this Article 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. 1320.20. TRANSFER OF PERMIT.

No permit shall be transferable except with
the written consent of the Chief of Police with
the approval of the Director of Public Health.
The application for such transfer shall contain
the same information as requested herein for an
initial application for such a permit and shall be
accompanied by the same filing fee as for an
initial application. No permit shall be trans-
ferred 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. 1320.21. FORFEITURE OF
LICENSE FEE.

On revocation of the permit no part of the
annual license fee shall be returned but the said
license fee shall be forfeited to the City. (Added
by Ord. 229-71, App. 9/10/71)

SEC. 1320.22. TIME LIMIT FOR FILING
APPLICATION FOR PERMIT-
NONRETROACTIVE APPLICATION TO
EXISTING PERMIT.

All persons who possess an outstanding per-
mit to operate a mobile catering vehicle hereto-
fore 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 1320.23 hereof. The Chief of
Police shall issue new permits to all persons
presently holding outstanding permits to oper-
ate mobile catering vehicle. (Added by Ord. 229-
71, App. 9/10/71)

SEC. 1320.23. PENALTY.

Any person who violates any provision of this
Article shall be deemed guilty of a misdemeanor
and upon conviction such person shall be pun-
ished by a fine of 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. 229-71, App. 9/10/
71)

SEC. 1320.24. SEVERABILITY.

If any section, subsection, subdivision, para-
graph, 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 de-
clares 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, sub-
divisions, paragraphs, sentences, clauses or
phrases be declared unconstitutional or invalid
or ineffective. (Added by Ord. 229-71, App. 9/10/
71)

[The next page is 867]

Supp. No. 6, March 2007

ARTICLE 17.3: PERMIT REGULATIONS FOR PUSHCART PEDDLERS

AND PUSHCART OPERATORS CONCERNING PRODUCTS

FOR HUMAN CONSUMPTION

Sec. 1330. Definitions.

Sec. 1330.1. Permit Required.

Sec. 1330.2. Exclusions.

Sec. 1330.3. Pushcart Peddler Filing and Fee

Provision.
Sec. 1330.4. Pushcart Peddler Application

Form.
Sec. 1330.5. Regulating Pushcart Peddler

Locations; Exceptions.
Sec. 1330.6. Pushcart Peddler Applications —

Reference to Director of Health.
Sec. 1330.7. Notice of Hearing for Pushcart

Peddlers.
Sec. 1330.11. Pushcart Employees to Operate

Only in Conjunction with

Pushcart Peddler Permit.
Sec. 1330.12. Exhibition of Pushcart Peddler

Permit.
Sec. 1330.13. Pushcarts — Inspections.
Sec. 1330.14. Pushcarts — Decal and Display.
Sec. 1330.15. Issuance of Pushcart Peddlers

Permit.
Sec. 1330.15.1. Pushcart Operator; License

Fee.
Sec. 1330.16. Suspension and Revocation of

Permits.
Sec. 1330.17. Nontransfer of Pushcart Peddler

Permit.
Sec. 1330.19. Time Limit for Issuance of

Pushcart Peddler Permits to

Existing Peddler Permit

Holders.
Sec. 1330.20. Penalty.
Sec. 1330.21. Severability.

SEC. 1330. DEFINITIONS.

For the purpose of this Article the following
words and phrases mean and include:

(a) Pushcart. Any wagon, cart, or any other
food-serving device, whether stationary or mov-
able, wherein or wherefrom any food or food-
stuffs are sold, served, distributed, offered for
sale at retail, or given away to the public, whether
consumed at said pushcart or elsewhere, except
that this Article shall not apply to any license
provided by Section 869 or Article 17.2 of this
Code.

(b) Pushcart Peddler. Any person en-
gaged in the business of operating a pushcart
within the City and County of San Francisco.

(d) Person. An individual or natural per-
son.

(e) Chief of Police. The Chief of Police of
the City and County of San Francisco or a
designated representative of the Chief of Police.

(f) Director. The Director of Health of the
City and County of San Francisco or a desig-
nated representative of the Director.

(g) Tax Collector. The Tax Collector of the
City and County of San Francisco.

(h) BART. San Francisco Bay Area Rapid
Transit District. (Amended by Ord. 257-84, App.
5/31/84; Ord. 2-06, File No. 051827, App. 1/13/
2006)

SEC. 1330.1. PERMIT REQUIRED.

It shall be unlawful for any person, firm or
corporation to engage in or carry on the business
of pushcart peddler, or to operate, or cause or
permit to be operated any pushcart upon any
public street, sidewalk, alley, or any other public
place in the City and County of San Francisco,

867

Sec. 1330.1.

San Francisco - Police Code

868

without first having obtained a permit from the
Chief of Police after approval by the Director.
(Added by Ord. 39-81, App. 1/15/81)

SEC. 1330.2. EXCLUSIONS.

A pushcart peddler who applies for and re-
ceives a permit from BART for operation of a
pushcart at the 16 th St. and 24 th St. BART
stations and the street level plazas adjacent
thereto shall not be required to obtain a permit
from the Chief of Police, and shall be exempt
from the fee, application and hearing procedures
provided for in this Article and Article I as they
pertain to a permit issued by the Chief of Police.
The pushcart peddler shall, however, be subject
to the provisions set forth in Sections 1330.5,
1330.6 and 1330.14.

When an application for a pushcart peddler
permit is filed with BART, BART shall inform
the Director so that the Director may make an
investigation into the applicant's proposed push-
cart peddling operation. The Director shall make
a recommendation to BART pursuant to Section
1330.6. (Added by Ord. 2-06, File No. 051827,
App. 1/13/2006)

SEC. 1330.3. PUSHCART PEDDLER
FILING AND FEE PROVISION.

Every person desiring a pushcart peddler
permit pursuant to 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 which shall not be refundable. The
permit application fee shall be allocated between
the Police Department and the Department of
Public Health by the Controller according to the
cost incurred by each department in processing
this application.

No pushcart peddler permit shall be issued
except to a person and in no case to any business,
firm, partnership or corporation. A person shall
be issued only one pushcart peddler permit.
(Formerly Sec. 1330.2; amended by Ord. 55-81,
App. 11/12/81; renumbered by Ord. 2-06, File No.
051827, App. 1/13/2006)

SEC. 1330.4. PUSHCART PEDDLER
APPLICATION FORM.

Except as otherwise provided herein, an ap-
plication for a pushcart peddler permit pursuant
to the provisions of this Article shall specify:

(a) The name, business and residence ad-
dress of the applicant.

(b) A description of the food product or
products the applicant intends to sell.

(c) The specific location of the peddling ac-
tivity, including a detailed description of where
the applicant intends to place his or her push-
cart. Each permit issued pursuant to this Article
shall be valid for only one specified peddling
location.

(d) Whether or not the applicant intends to
operate a pushcart peddler business under a
fictitious name.

(e) All criminal convictions except traffic
infractions.

(f) Such information pertinent to the opera-
tion of the proposed activity not inconsistent
with this Article as the Chief of Police or Director
may require of an applicant in addition to the
other requirements of this Section.

(g) The address to which notice, when re-
quired, 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.

(h) Whether the application is for a new
permit, or for a change of location or addition of
products of an existing permit.

(i) Two recent portrait photographs of the
applicant at least 2"x2" shall accompany the
application.

(j) Nothing contained herein shall be con-
strued to deny the Chief of Police the right to
take the fingerprints of the applicant. (Formerly
Sec. 1330.3; added by Ord. 39-81, App. 1/15/81;
renumbered by Ord. 2-06, File No. 051827, App.
1/13/2006)

SEC. 1330.5. REGULATING PUSHCART
PEDDLER LOCATIONS; EXCEPTIONS.

Every person desiring a permit pursuant to
this Article shall conform to the regulations set

869

Permit Regulations for Pushcart Peddlers
and Pushcart Operators Concerning
Products For Human Consumption

Sec. 1330.14.

forth in Section 869.3, Article 13, of the San
Francisco Police Code, provided, however, that
permit holders as of May 17, 1983, shall be
exempt from the provisions of Section 869.3 of
this Code. (Formerly Sec. 1330.4; added by Ord.
39-81, App. 1/15/81; renumbered by Ord. 2-06,
File No. 051827, App. 1/13/2006)

SEC. 1330.6. PUSHCART PEDDLER
APPLICATIONS— REFERENCE TO
DIRECTOR OF HEALTH.

When an application is filed for a new push-
cart peddler permit, or for addition of products or
change of location of an existing permit, under
this Article, the Director shall make or cause to
be made an investigation into the applicant's
proposed pushcart peddling operation for the
purpose of determining that said operation con-
forms with the provisions of this Article and to
all applicable State and local laws. Upon the
conclusion of his investigation, the Director shall
make his recommendation to the Chief of Police
or BART within 30 days after the filing of such
application with the Police Department or BART.
(Formerly Sec. 1330.5; added by Ord. 39-81, App.
1/15/81; renumbered and amended by Ord. 2-06,
File No. 051827, App. 1/13/2006)

SEC. 1330.7. NOTICE OF HEARING FOR
PUSHCART PEDDLERS.

When an application is filed for a new push-
cart peddler permit under this Article, or for
addition of products or change of location of an
existing permit, the Chief of Police shall fix a
time and place for a public hearing. Such hearing
shall be scheduled not less than 15, nor more
than 30, days from the date of report by the
Director.

Not less than 10 days before the date of such
hearing, the Chief of Police shall cause to be
published a notice of such hearing in the official
newspaper of the City and County of San Fran-
cisco. The cost of publishing said notice shall be
borne by the pushcart peddlers permit applicant.
The Chief of Police shall maintain a file of the
names and addresses of all persons wishing to
receive notice by mail of any application filed
pursuant to this Article. Not less than 10 days

before the date of such hearing, the Chief of
Police shall cause to be mailed notice of such
hearing to all persons requesting to be so noti-
fied. Such notices published or mailed pursuant
to this Section shall contain the following: the
name and business address of the applicant, the
product or products to be sold, the location of the
proposed sales activity, the days and hours of
operation, and whether the application is for a
new permit or for a change of an existing permit.
(Formerly Sec. 1330.6; added by Ord. 39-81, App.
1/15/81; renumbered by Ord. 2-06, File No. 051827,
App. 1/13/2006)

SEC. 1330.11. PUSHCART EMPLOYEES
TO OPERATE ONLY IN CONJUNCTION
WITH PUSHCART PEDDLER PERMIT.

Pushcart employees, who may be no less than
16 years old, shall be unrestricted as to location,
days and times of operation, and no permit or
license shall be required for pushcart employees,
provided that said employee is operating at an
approved location as set forth in a valid pushcart
peddler permit issued pursuant to this Article.
(Amended by Ord. 257-84, App. 5/31/84)

SEC. 1330.12. EXHIBITION OF
PUSHCART PEDDLER PERMIT.

Upon demand by any police officer, each
pushcart peddler or pushcart employee shall
exhibit the pushcart peddler permit and Tax
Collector's license so that the location of the
pushcart may be checked and verified. (Amended
by Ord. 257-84, App. 5/31/84)

SEC. 1330.13. PUSHCARTS-
INSPECTIONS.

All pushcarts having a permit issued pursu-
ant to this Article and the Director's approval to
operate with the City shall be subject to inspec-
tion and issuance of a new Certificate of Sanita-
tion at a time designated by the Director and at
the location of said pushcart as specified in said
permit. (Added by Ord. 39-81, App. 1/15/81)

SEC. 1330.14. PUSHCARTS— DECAL
AND DISPLAY.

The Director shall annually issue a Certifi-
cate of Sanitation as a decal which shall be

Sec. 1330.14.

San Francisco - Police Code

870

affixed to a permanent holder designed to dis-
play such decal. The number assigned to each
pushcart shall be forwarded to the Chief of Police
or BART. (Added by Ord. 39-81, App. 1/15/81;
amended by Ord. 2-06, File No. 051827, App.
1/13/2006)

SEC. 1330.15. ISSUANCE OF PUSHCART
PEDDLERS PERMIT.

The Chief of Police may issue a pushcart
peddler permit pursuant to this Article within 14
days following a hearing as provided herein,
based on his investigation and the investigation
of the Director, if he finds:

(a) That the operation, as proposed by the
applicant, would comply with all applicable laws,
including but not limited to, the provisions of
this Article and the San Francisco Municipal
Code.

(b) That the applicant who will be directly
engaged in the operation of the business of
pushcart peddling has not been convicted of a
felony.

(c) That the applicant has not made any
false, misleading or fraudulent statements of
facts in the permit application or any other
document required by the Chief of Police or the
Director in conjunction therewith.

(d) That the applicant's proposed operation
is not located within two blocks or 600 feet,
whichever is greater, of an established business
which sells the same type of food product or other
merchandise or similar service as intended by
said applicant, or of any location previously
established and currently being operated by a
licensed peddler or pushcart peddler selling the
same type of food product or other merchandise
or similar service as intended by said applicant.

(e) Pushcart peddler permit holders on July
28, 1983. shall not be subject to the provisions of
Section 1330.15(d) with respect to any product
currently sold or which may in the future be sold
at the location presently allowed under that
permit. (Amended by Ord. 257-84, App. 5/31/84)

SEC. 1330.15.1. PUSHCART OPERATOR;
LICENSE FEE.

Every person granted a pushcart operator
permit pursuant to this Article shall pay to the
Tax Collector an annual license fee. (Added by
Ord. 555-81, App. 11/12/81)

SEC. 1330.16. SUSPENSION AND
REVOCATION OF PERMITS.

The Chief of Police and/or the Director may
suspend or revoke for good cause any permit of
the holder thereof, which has been issued pursu-
ant to this Article, if he finds, after a noticed
public hearing, that such permit holder has
engaged in or been found guilty of any of the
following acts:

(a) Fraud, misrepresentation, or false state-
ment contained in the application for permit.

(b) Violation of provisions of this Article or
the San Francisco Municipal Code.

SEC. 1330.17. NONTRANSFER OF
PUSHCART PEDDLER PERMIT.

A pushcart peddler permit issued pursuant
to this Article shall not be transferable except
where the transfer is to the spouse, child or
children of a permit holder by testate or intestate
succession, or to the spouse of a permit holder
pursuant to a marital settlement agreement,
with the consent of the Chief of Police. (Added by
Ord. 39-81, App. 1/15/81)

SEC. 1330.19. TIME LIMIT FOR
ISSUANCE OF PUSHCART PEDDLER
PERMITS TO EXISTING PEDDLER
PERMIT HOLDERS.

All persons who possess outstanding police
peddler permits for the peddling of food products
for human consumption shall be issued pushcart
peddler permits pursuant to this Article within
30 days of the effective date of this Article.
(Added by Ord. 39-81, App. 1/15/81)

871 Permit Regulations for Pushcart Peddlers Sec. 1330.21.

and Pushcart Operators Concerning
Products For Human Consumption

SEC. 1330.20. PENALTY.

Any person who violates any provision of this
Article shall be deemed guilty of a misdemeanor
and upon such conviction such person shall be
punished by a fine of 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. 39-81, App. 1/15/
81)

SEC. 1330.21. SEVERABILITY.

If any section, subsection, subdivision, para-
graph, 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 de-
clares that it would have passed each section,
subsection, subdivision, paragraph, sentence,
clause, or phrase thereof irrespective of the fact
that any one or more section, subsections, sub-
divisions, paragraphs, sentences, clauses or
phrases be declared unconstitutional or invalid
or ineffective. (Added by Ord. 39-81, App. 1/15/
81)

Sec. 1330.21. San Francisco - Police Code 872

[The next page is 881]

ARTICLE 18: SAN FRANCISCO POLICE PISTOL RANGE

Sec. 1350. Location — Jurisdiction.
Sec. 1351. Use.
Sec. 1351.1. Fees, Training Courses.
Sec. 1352. Fees, Range.
Sec. 1353. Fees, Tournament.
Sec. 1354. Tax in Addition to Fees.
Sec. 1355. Exemption from Fees.
Sec. 1356. "Police Range Fund"

Established.
Sec. 1357. Membership in National Rifle

Association.

Sec. 1358. National Rifle Association Fees.
Sec. 1359. Disbursements from Police

Range Fund.
Sec. 1360. Acceptance of Prizes, Etc..
Sec. 1361. Rules and Regulations to be

Adopted.
Sec. 1362. Insurance.

SEC. 1350. LOCATION-^JURISDICTION.

The pistol range located near the Skyline and
Lake Merced Boulevards, in the City and County
of San Francisco, is hereby placed under the
jurisdiction and management of the Police De-
partment. (Added by Ord. 3263, Series of 1939,
App. 5/15/45)

SEC. 1351. USE.

The said pistol range may be used for the
following purposes:

(a) To instruct, train and qualify regular
members of the San Francisco Police Depart-
ment, auxiliary civilian defense police in good
standing, patrol special police officers, and such
other law enforcement officers who, in the judg-
ment of the Chief of Police, co-operate or may be
called upon to co-operate with the San Francisco
Police Department in the apprehension of crimi-
nals or the maintenance of peace in the City and
County of San Francisco;

(b) To instruct and train individuals and
members of clubs, organizations and associa-
tions not included in Subdivision (a) of this
Section, who may be interested in the proficient
use of firearms;

(c) To conduct firearms tournaments by the
San Francisco Police Department. (Added by
Ord. 3263, Series of 1939, App. 5/15/45)

SEC. 1351.1. FEES, TRAINING
COURSES.

The Police Department is hereby authorized
to charge a training fee of $101 per person to all
persons other than San Francisco police officers
and San Francisco police reserves who attend a
course in the use of firearms at the Police Pistol
Range. (Amended by Ord. 407-83, App. 8/4/83)

SEC. 1352. FEES, RANGE.

The following range fees, in connection with
the use of said pistol range, shall be charged and
collected in advance:

(a) For each singular use of the range by an
individual in firearm practice with a minimum
time allowance of one hour, a range fee of 500.
(Added by Ord. 3263, Series of 1939, App. 5/15/
45)

SEC. 1353. FEES, TOURNAMENT.

The following tournament fees, in connection
with the use of said pistol range, shall be charged
and collected in advance:

For each Class A tournament a registration
fee of 500 per person and an entry fee of $1 per
person for each match.

For each Class B or Class C tournament a
registration fee of 250 per person and an entry
fee of 500 for each match per person. (Added by
Ord. 3263, Series of 1939, App. 5/15/45)

SEC. 1354. TAX IN ADDITION TO FEES.

Should the foregoing fees, or any portion
thereof, be subject or become subject to tax, the

881

Sec. 1354.

San Francisco - Police Code

882

amount of said tax shall be collected in addition
to the said fees. (Added by Ord. 3263, Series of
1939, App. 5/15/45)

SEC. 1355. EXEMPTION FROM FEES.

Range fees, provided for in Section 1352 of
this Article, shall not be charged nor collected
from persons authorized to use the pistol range
under the provisions of Subdivisions (a) of Sec-
tion 1351 of this Article. (Added by Ord. 3263,
Series of 1939, App. 5/15/45)

SEC. 1356. "POLICE RANGE FUND"
ESTABLISHED.

A "Police Range Fund" is hereby created and
all fees collected pursuant to the provisions of
this Article shall be handled in conformity with
the provisions of Section 82 of the Charter and
shall be deposited in the said "Police Range
Fund." (Added by Ord. 3263, Series of 1939, App.
5/15/45)

SEC. 1357. MEMBERSHIP IN NATIONAL
RIFLE ASSOCIATION.

The Police Department of the City and County
of San Francisco is hereby authorized to hold
membership in the National Rifle Association
and the cost of the said membership shall be paid
from such funds as may be appropriated or set
aside for that purpose. (Added by Ord. 3263,
Series of 1939, App. 5/15/45)

SEC. 1358. NATIONAL RIFLE
ASSOCIATION FEES.

The Chief of Police is also authorized to
collect and receive registration fees prescribed
by the Rules and Regulations of the National
Rifle Association and on behalf of said Associa-
tion in connection with the holding of the fire-
arms tournaments. The said fees shall be depos-
ited in and paid from the "Police Range Fund."
(Added by Ord. 3263, Series of 1939, App. 5/15/
45)

SEC. 1359. DISBURSEMENTS FROM
POLICE RANGE FUND.

Money deposited in the Police Range Fund
shall be disbursed in the following order:

(a) In the payment of taxes collected pursu-
ant to Section 1354 of this Article.

(b) In the payment to the National Rifle
Association or its order, of fees collected pursu-
ant to Section 1358 of this Article.

(c) In the payment of purchases of trophies,
medals and prizes and the payment of such
incidental tournament costs or purchase of such
training equipment as may be authorized by the
Police Commission.

(d) In payment of police personnel and main-
tenance and other costs incurred in training
persons in the use of firearms for which a fee is
charged pursuant to Section 1351.1. (Amended
by Ord. 422-80, App. 9/5/80)

SEC. 1360. ACCEPTANCE OF PRIZES,
ETC.

The acceptance by the Chief of Police, with
the approval of the Police Commission, of tro-
phies, medals, gifts and donations for use in
connection with the operation of the said pistol
range or the conduct of matches or tournaments
is hereby authorized. (Added by Ord. 3263, Se-
ries of 1939, App. 5/15/45)

SEC. 1361. RULES AND REGULATIONS
TO BE ADOPTED.

The Chief of Police, with the approval of the
Police Commission, is hereby authorized to adopt,
promulgate and enforce such rules and regula-
tions regarding said pistol range, the operation
thereof, firing thereon, and the course of said
firing as will enable him to enforce and carry out
the meaning and intent of this Article. (Added by
Ord. 3263, Series of 1939, App. 5/15/45)

SEC. 1362. INSURANCE.

The Chief of Police, through the Purchaser of
Supplies, shall procure such insurance as may be
necessary to protect the City and County of San
Francisco against claims and suits which may be
brought against it because of injury to persons or
damage to property arising out of the mainte-
nance, operation or control of said pistol range,
out of such funds as may be appropriated or set
aside for that purpose. (Added by Ord. 3263,
Series or 1939, App. 5/15/45)

[The next page is 893]

ARTICLE 19: DISPOSAL OF UNCLAIMED PROPERTY

Sec. 1400.

Sec. 1401.

Sec. 1402.

Sec. 1403.

Sec. 1404.

Sec. 1405.

Sec. 1405.1.

Sec. 1406.

Sec. 1407.

Sec. 1408.
Sec. 1409.

Lost Property in Possession of

Police Department.

Notification of Owner.

Claim Procedure.

Payment of Costs.

Disposal of Property.

Notice of Sale.

Unclaimed Bicycles and Toys.

Property Useful in Police

Department.

Property in Possession of Police

Department When Ordinance

Effective.

Abandoned Property.

Hazardous Property.

SEC. 1400. LOST PROPERTY IN
POSSESSION OF POLICE DEPARTMENT.

Whenever lost personal property comes into
the possession of the San Francisco Police De-
partment, it shall be retained and disposed of in
accordance with the terms of this Article. (Added
by Ord. 216-81, App. 5/4/81)

SEC. 1401. NOTIFICATION OF OWNER.

The Police Department shall notify by first
class mail the owner of the property, if his or her
identity and address are reasonably ascertain-
able, that it possesses the property and where
and when it may be claimed, and of the provi-
sions of Sections 1403 and 1404 hereof. (Added
by Ord. 216-81, App. 5/4/81)

SEC. 1402. CLAIM PROCEDURE.

If the owner appears to claim the property, he
or she must establish ownership of the property
to the satisfaction of the Police Department, and
in addition to any other proof of ownership, shall
sign a declaration of ownership under penalty of
perjury. (Added by Ord. 216-81, App. 5/4/81)

SEC. 1403. PAYMENT OF COSTS.

Before releasing the property to its owner,
the owner shall pay to the Police Department the
sum of $1 per day for each day the property was
in possession of the Police Department, begin-
ning 10 days after the notification required by
Section 1401, to defray costs of storage and care
of the property. Refusal to pay such costs shall
constitute a waiver of any claim to ownership.
(Added by Ord. 216-81, App. 5/4/81)

SEC. 1404. DISPOSAL OF PROPERTY.

If the owner of the property does not claim
the property in accordance with the provisions of
this Article, and pay the costs provided in Sec-
tion 1403 within four months after the date the
Police Department mailed the notice provided
for in Section 1400, or if no notice was given,
within four months after the property came into
possession of the Police Department, the Police
Department shall sell the property at public
auction or transfer it to the Department of Social
Services of the City and County of San Francisco
or to the Purchaser of the City and County of San
Francisco, as is hereafter provided. The Police
Department shall determine whether the prop-
erty shall be sold at public auction or transferred
to the Department of Social Services or to the
Purchaser. (Amended by Ord. 567-82, App. 12/9/
82)

SEC. 1405. NOTICE OF SALE.

If the Police Department determines to sell
the property at public auction, it shall cause
notice of such sale to be published once in a
newspaper of general circulation published in
the City and County of San Francisco. Such
publication shall be at least five days prior to the
date of such sale and shall briefly identify the
property and set forth the date, time, and place
of the sale. If the property is not sold at the
auction, it may be retained for a future auction,

893

Sec. 1405.

San Francisco - Police Code

894

transferred to the Purchaser, or destroyed, at the
option of the Police Department. (Added by Ord.
216-81, App. 5/4/81)

SEC. 1405.1.
AND TOYS.

UNCLAIMED BICYCLES

If the Police Department determines that the
unclaimed lost property is a bicycle or toy, the
property may, instead or being sold at public
auction pursuant to the terms of this Article, be
turned over to the Department of Social Services
of the City and County of San Francisco for use
in any program of activities designed to prevent
juvenile delinquency (Added by Ord. 567-82,
App. 12/9/82)

SEC. 1406. PROPERTY USEFUL IN
POLICE DEPARTMENT.

If the Police Department determines to trans-
fer the property to the Purchaser and also deter-
mines that the property is needed for its own
use, it shall notify the Purchaser's office to this
effect. If the Purchaser concurs that the property
is needed for such use, it shall cause the property
to be retransferred to the Police Department for
its use. (Added by Ord. 216-81, App. 5/4/81)

SEC. 1408. ABANDONED PROPERTY.

The provisions of Sections 1400 — 1407 of this
Article have no application to things which have
been intentionally abandoned by their owner.
Any such items may be sold by the Police De-
partment at any time at public auction or trans-
ferred to the Purchaser as provided in Sections
1405 and 1406, or destroyed, at the option of the
Police Department. No publication of notice of
sale shall be required. (Added by Ord. 216-81,
App. 5/4/81)

SEC. 1409. HAZARDOUS PROPERTY.

Any property, whether or not that described
in Section 1400, which comes into the possession
of the Police Department and which, in the
judgment of the person in charge of the property
control section of the Police Department, is dan-
gerous to person or property and cannot reason-
ably be safely stored by the Police Department
shall be destroyed or rendered safe upon their
coming into possession of the Police Department.
(Added by Ord. 216-81, App. 5/4/81)

SEC. 1407. PROPERTY IN POSSESSION
OF POLICE DEPARTMENT WHEN
ORDINANCE EFFECTIVE.

Notwithstanding any other provisions of this
Article, any property which has been in the
possession of the Police Department on the effec-
tive date of this Article for four months or more
may be disposed of in accordance with Section
1405 and 1406 if:

(a) The Police Department first notifies by
first class mail, the owner of the property, if his
or her identify and address are reasonably ascer-
tainable, that it possesses the property and where
and when it may be claimed, and of the provi-
sions of Sections 1403 and 1404 hereof.

(b) The owner fails to claim the property in
accordance with Sections 1403 and 1404 within
30 days after the date such notice is mailed.
(Added by Ord. 216-81, App. 5/4/81)

[The next page is 901]

ARTICLE 20: REPRODUCING AND FURNISHING REPORTS

Sec. 1450. Fees for Reproducing and

Furnishing Reports, Records
and Other Material.

SEC. 1450. FEES FOR REPRODUCING
AND FURNISHING REPORTS, RECORDS
AND OTHER MATERIAL.

The Police Commission of the City and County
of San Francisco shall, from time to time when
necessary, with the concurrence of the Control-
ler, fix the fees to be charged by the Police
Department when furnishing reproductions of
reports, records, documents, data or other mate-
rial to the public. Such fees shall be sufficient to
adequately cover the cost of reproducing, han-
dling and furnishing all such material. There
shall be no charges made to any governmental
agencies, whether federal, state, county, munici-
pal, district or other political subdivision, nor
shall there be any charges to any public office,
board or body acting in its official capacity. There
shall be no charges made to any governmental
agencies, foreign or domestic, or any persons or
institutions affected with a public interest and
which, in the opinion of the Chief of Police, are
entitled to them by reason of policy or reciproca-
tion.

The Police Commission shall have full author-
ity to adopt such rules and regulations as it
deems necessary and proper relating to the fur-
nishing, making and handling of all said repro-
ductions; the fees, if any, to be charged therefor;
and the terms and conditions upon which said
reproduction shall be made available. (Added by
Ord. 10212, Series of 1939, App. 3/20/57)

901

Sec. 1450. San Francisco - Police Code 902

[The next page is 909]

ARTJCLE 21: AIR TRAVEL TICKET BUSINESS

Sec. 1500. Air Travel Ticket Business,

Bond.
Sec. 1501. Penalty.

SEC. 1500. AIR TRAVEL TICKET
BUSINESS, BOND.

It shall be unlawful for any person to con-
duct, operate or engage in the business of selling
to the public, or taking orders for, air-travel
passenger tickets or reservations for air passen-
ger space to be honored for travel on airplanes
neither owned nor operated by such person,
unless he shall have on file with the Chief of
Police of the City and County of San Francisco an
approved surety bond executed by him as prin-
cipal and a corporation duly authorized and
licensed to do a general surety business in the
State of California as surety. Said bond shall be
in the amount of $10,000, and shall inure to the
benefit of all persons who shall suffer loss cov-
ered by said bond. The bond shall be conditioned
that the said principal shall indemnify any per-
son for loss suffered by dishonesty, misrepresen-
tation, fraud or breach of contract on the part of
the principal acting in the scope or course of said
business, or by any official, agent or employee of
said principal acting in the course and scope of
his employment or agency.

Such bond shall not be required from duly
authorized salaried employees of an approved
bonded employer. (Added by Ord. 7487, Series of
1939, App. 9/17/52)

SEC. 1501. PENALTY.

Any person violating any of the provisions of
this ordinance shall be deemed guilty of a mis-
demeanor and shall be punished by a fine of not
more than $500 or by imprisonment in the County
Jail for a period of not longer than six months, or
by both such fine and imprisonment. (Added by
Ord. 7487, Series of 1939, App. 9/17/52)

909

Sec. 1501. San Francisco - Police Code 910

[The next page is 917]

ARTICLE 22: CITATIONS FOR VIOLATIONS OF CERTAIN
PROVISIONS OF THE HEALTH CODE AND POLICE CODE

Sec. 1550. Citations for Violations of

Certain Sections of The Health

Code and Police Code.
Sec. 1551. Contents of Citation.
Sec. 1552. Time for Appearance.
Sec. 1553. Appearance Before Judge of

Municipal Court.
Sec. 1554. Signing of Promise to Appear.
Sec. 1555. Fixing of Bail by Judge.
Sec. 1556. Deposit and Forfeiture of Bail;

Termination of Proceedings;

Payment of Forfeited Bail into

Treasury.
Sec. 1557. Warrants of Arrest,

Nonissuance.
Sec. 1558. Penalty for Failure to Appear in

Court.
Sec. 1559. Warrants of Arrest, Issuance for

Failure to Appear.

SEC. 1550. CITATIONS FOR
VIOLATIONS OF CERTAIN SECTIONS OF
THE HEALTH CODE AND POLICE CODE.

Whenever any person is arrested for a viola-
tion of one or more of the following ordinances, to
wit: 280, 292, or 308 of Part II, Chapter V
(Health Code) or Sections 6, 33, 34, 35(a) or 647
of Part II, Chapter VIII (Police Code) of the San
Francisco Municipal Code, and such person is
not immediately taken before a magistrate as
procedure therefor is prescribed in the Penal
Code of the State of California, the arresting
officer shall prepare in duplicate a written notice
to appear in court. (Amended by Ord. 263-66,
App. 10/28/66)

SEC. 1551. CONTENTS OF CITATION.

Such notice shall contain the name and ad-
dress of the person so arrested, the offense
charged, and the place and time where and when
such person shall appear in court. (Added by
Ord. 502-60, App. 10/14/60)

SEC. 1552. TIME FOR APPEARANCE.

The time specified in the notice to appear
shall be not less than five days after such arrest.
(Added by Ord. 502-60, App. 10/14/60)

SEC. 1553. APPEARANCE BEFORE
JUDGE OF MUNICIPAL, COURT.

The place specified in the notice to appear
shall be before the Municipal Court of the City
and County of San Francisco. (Added by Ord.
502-60, App. 10/14/60)

SEC. 1554.
APPEAR.

SIGNING OF PROMISE TO

The arresting officer shall deliver one copy of
the notice to appear to the arrested person, and
such person, in order to secure release after such
arrest, must give his written promise so to ap-
pear in court by signing the duplicate notice,
which shall be retained by the officer. Thereupon
the arresting officer shall immediately release
the person arrested from custody. (Added by Ord.
502-60, App. 10/14/60)

SEC. 1555. FIXING OF BAIL BY JUDGE.

As soon as practicable thereafter the arrest-
ing officer shall file the duplicate notice with the
judge specified therein. Thereupon, the judge
shall fix the amount of bail which in his judg-
ment, in accordance with the provisions of Sec-
tion 1275 of the Penal Code of the State of
California, will be reasonable and sufficient for
the appearance of the defendant, and the judge
shall indorse upon the notice a statement signed
by him in the form set forth in Section 815a of
said Code; provided, however, that where judges
of the Municipal Court have adopted a schedule
of bail, the bail shall be in the amount as set
forth in the said bail schedule which is then in
effect. (Added by Ord. 502-60, App. 10/14/60)

917

Sec. 1556.

San Francisco - Police Code

918

SEC. 1556. DEPOSIT AND FORFEITURE
OF BAIL; TERMINATION OF
PROCEEDINGS; PAYMENT OF
FORFEITED BAIL INTO TREASURY.

The defendant may, prior to the date upon
which he promised to appear in court, deposit
with the judge amount of bail set as provided in
Section 1555 above. Thereafter, at the time the
case is called for arraignment, if the defendant
shall not appear, either in person or by counsel,
the judge may declare the bail forfeited, and may
in his discretion order that no further proceed-
ings shall be had in such case. Upon the making
of such order that no further proceedings be had,
all sums deposited as bail shall be paid into the
treasury of the City and County of San Fran-
cisco. (Added by Ord. 502-60, App. 10/14/60)

SEC. 1557. WARRANTS OF ARREST,

NONISSUANCE.

No warrant shall issue on such charge for the
arrest of a person who has given such written
promise to appear in court, unless and until he
had violated such promise or has failed to deposit
bail, to appear for arraignment, trial or judg-
ment, or to comply with the terms and provisions
of the judgment, as required by law. (Added by
Ord. 502-60, App. 10/14/60)

SEC. 1558. PENALTY FOR FAILURE TO
APPEAR IN COURT.

Any person who wilfully violates his written
promise to appear in court is guilty of a misde-
meanor, regardless of the disposition of the origi-
nal charge upon which he was arrested, and
upon conviction of such misdemeanor, shall be
punished by fine not exceeding $25, or by impris-
onment in the County Jail for a period not
exceeding five days, or by both such fine and
imprisonment. (Added by Ord. 502-60, App. 10/
14/60)

appear, the judge shall, within 20 days after the
date set for such appearance, issue and have
delivered for execution a warrant for arrest of
that person. (Added by Ord. 502-60, App. 10/14/
60)

SEC. 1559. WARRANTS OF ARREST,
ISSUANCE FOR FAILURE TO APPEAR.

Whenever a person signs a written promise
to appear in court as provided in this ordinance,
he must make such appearance unless he has
posted bail as provided herein. If he fails to so

ARTICLE 23: REGULATIONS FOR PORT AREA

Sec. 1600. Definitions.

Sec. 1601. Lien for Charges; Possession of
Goods to Secure Payment.

Sec. 1602. Enforcement of Charges;

Possession, Storage, Sale of
Goods; Obstructions.

Sec. 1603. Discharge or Receipt of

Merchandise Without Payment
of Wharfage as Misdemeanor.

Sec. 1604. Guaranty of Payment of
Wharfage.

Sec. 1605. Depositing Substances in

Harbor Without Permission
Prohibited; Form and Content
of Permission.

Sec. 1606. Obstructions Prohibited.

Sec. 1607. Notice to Remove Obstructions;

Service.
Sec. 1608. Penalty for Noncompliance;

Removal and Storage; Lien.
Sec. 1609. Unauthorized Collections and

Other Activities as

Misdemeanor.
Sec. 1610. Avoidance of Tolls; Penalty.

Sec. 1611. Removal at Direction of

Wharfinger.
Sec. 1612. Noncompliance with Orders of

Commission as Misdemeanor or

Infraction.
Sec. 1613. Operation of Motor Vehicles on

Wharves.
Sec. 1614. Operation of Vessels.
Sec. 1615. Permission to Board Vessel.
Sec. 1616. Authority of Police to Board

Vessel.
Sec. 1617. Moving of Vessel by

Commission.

Sec. 1618. Violations; Penalty;
Enforcement.

SEC. 1600. DEFINITIONS.

Whenever the term "Commission" is used in
this Article it shall be deemed to mean the San
Francisco Port Commission of the City and County
of San Francisco. (Added by Ord. 39-69, App.
1/28/69)

SEC. 1601. LIEN FOR CHARGES;
POSSESSION OF GOODS TO SECURE
PAYMENT.

The charge for wharfage, demurrage and
storage is a lien upon all goods landed upon any
of the wharves or thoroughfares under the juris-
diction of the Commission, and the Commission,
or its agents or lessees, may hold possession of
any goods, to secure the payment of wharfage,
demurrage or storage. For the purpose of the lien
the Commission is deemed to have possession of
the goods until the applicable charge is paid.
(Added by Ord. 39-69, App. 1/28/69)

SEC. 1602. ENFORCEMENT OF
CHARGES; POSSESSION, STORAGE,
SALE OF GOODS; OBSTRUCTIONS.

For the purpose of enforcing the charge for
wharfage, demurrage and storage on goods landed
on any wharf or thoroughfare, or remaining
thereon longer than the time prescribed by the
regulations of the Commission, the Commission
may take possession of the goods. If the charge is
not paid within two days thereafter, the Commis-
sion may remove and store the goods at the risk
and expense of the owner or consignee, or it may
sell them at public auction, with or without
notice.

For the purpose of keeping the wharves and
thoroughfares free of obstructions, the Commis-
sion shall cause a written notice to be served on
the owner, agent, consignee, or person in posses-
sion of any obstructing material or structure, or
it may post a notice thereon requiring its re-
moval within 24 hours thereafter; and on failure
to comply, the Commission may remove, store, or

927

Sec. 1602.

San Francisco - Police Code

928

sell them at public auction. The sale shall be
made subject to immediate removal. From the
proceeds of any sale, the Commission shall retail
all the wharfage and tolls due, plus 10 percent,
and in case of obstructions, $25 for each day
during which the wharf or thoroughfare has
been obstructed, and also all the expenses at-
tending the sale. The surplus, if any, shall be
paid to the proper person. (Added by Ord. 39-69,
App. 1/28/69)

SEC. 1603. DISCHARGE OR RECEIPT
OF MERCHANDISE WITHOUT PAYMENT
OF WHARFAGE AS MISDEMEANOR.

Every master, agent, or owner of any vessel,
and every owner, agent, or manager of any
railroad car, who discharges from or receives on
or allows to be discharged from or received on the
vessel or car any merchandise or other article,
before the wharfage thereon has been paid, is
guilty of a misdemeanor.

The warrant of arrest may be discharged at
any time before trial by the payment of the
wharfage on the goods wrongfully discharged or
received, together with the cost of the legal
proceedings. A receipt for wharfage, signed by a
wharfinger or other proper officer of the Com-
mission, is the only evidence of payment. (Added
Ord. 39-69, App. 1/28/69)

SEC. 1604. GUARANTY OF PAYMENT OF
WHARFAGE.

The Commission may, by written permit,
release a person from the obligation to pay
wharfage before the discharge or receipt of mer-
chandise or other articles as required by this
article if, before any part of the goods is dis-
charged or received a proper and sufficient guar-
anty in writing is given to the Commission for
the payment of all wharfage. This guaranty is an
original obligation on the part of the guarantor,
and no consideration need exist or be expressed
other than the acceptance of the permit. (Added
by Ord. 39-69, App. 1/28/69)

SEC. 1605. DEPOSITING SUBSTANCES
IN HARBOR WITHOUT PERMISSION
PROHIBITED; FORM AND CONTENT OF
PERMISSION.

Every person, who deposits or causes to be
deposited, in the waters of the harbor of San

Francisco, which are subject to the jurisdiction of
the Commission, any substance which will sink
and form an obstruction to navigation, without
first obtaining permission, in writing, of the
Commission, which permission shall be recorded
by the Secretary and shall describe, with an
ordinary degree of certainty, the place where the
deposit may be made, is guilty of a misdemeanor.
(Added by Ord. 39-69, App. 1/28/69)

SEC. 1606. OBSTRUCTIONS
PROHIBITED.

A person shall not place, or cause to be
placed, any obstruction upon any wharf or thor-
oughfare under the jurisdiction of the Commis-
sion. (Added by Ord. 39-69, App. 1/28/69)

SEC. 1607. NOTICE TO REMOVE
OBSTRUCTIONS; SERVICE.

Whenever any wharf or thoroughfare in the
harbor of San Francisco is incumbered, or its free
use is interfered with, by goods or other sub-
stance, whether loose, or built upon, or fixed to
any wharf or thoroughfare, the Commission shall
notify, in writing, the owner, agent, occupant, or
person placing or keeping the obstruction thereon,
to remove it within twenty-four hours after ser-
vice of the notice. The notice may be served by a
wharfinger, or the Secretary or Assistant Secre-
tary of the Commission. (Added by Ord. 39-69,
App. 1/28/69)

SEC. 1608. PENALTY FOR
NONCOMPLIANCE; REMOVAL AND
STORAGE; LIEN.

In case of failure to comply with the notice to
remove the obstruction, the owner, agent, occu-
pant, or person notified is liable to pay the
Commission the sum of $25 for each day during
which the obstruction remains upon any wharf
or thoroughfare. The Commission may remove
any incumbering substance, and store it in a
suitable, convenient, and safe place, and a sum
equal to the amount of the expenses of the
removal, together with all other necessary charges,
shall be paid by the owner to the Commission,
and is a lien on the substance until paid. (Added
by Ord. 39-69, App. 1/28/69)

929

Regulations for Port Area

Sec. 1614.

SEC. 1609. UNAUTHORIZED
COLLECTIONS AND OTHER ACTIVITIES
AS MISDEMEANOR.

Every person who collects any toll, wharfage,
or docking, or lands, ships, or removes any
property upon or from any portion of the water-
front of San Francisco, or from or upon any of the
wharves under the control of the Commission,
without being by the Commission authorized so
to do, is guilty of a misdemeanor. (Added by Ord.
39-69, App. 1/28/69)

SEC. 1610. AVOIDANCE OF TOLLS;
PENALTY.

Every person who, by false returns, or in any
manner, avoids the payment of all or any portion
of any tolls (wharfage) which may be due to the
Commission, from any source or cause, as pro-
vided for by law and the rules and regulations of
the Commission, is liable for and shall pay to the
Commission twice the amount of tolls (wharf-
age), and in addition the sum of $10. (Added by
Ord. 39-69, App. 1/28/69)

SEC. 1611. REMOVAL AT DIRECTION
OF WHARFINGER.

Coal screens, donkey engines, stevedores' tools
and appliances, merchandise, vehicles, or struc-
tures, must be removed from the wharves and
other property under the jurisdiction of the Com-
mission when directed by the wharfinger. (Added
by Ord. 39-69, App. 1/28/69)

SEC. 1612. NONCOMPLIANCE WITH
ORDERS OF COMMISSION AS
MISDEMEANOR OR INFRACTION.

Penalties. Every master, agent, or owner of
any vessel, who does not obey the lawful orders
or directions of the Commission in any matter
pertaining to the regulations of the harbor, or the
removal or stationing of any vessel shall be
deemed guilty of a misdemeanor or an infraction.
The complaint charging such violation shall specify
whether the violation is a misdemeanor or in-
fraction, which decision shall be that of the
District Attorney; provided, however, that when-
ever a person has been arrested and incarcerated
based solely on the violation or violations of this

Code, he or she shall retain the right at the time
of arraignment or plea to object to the offense
being made an infraction, in which event the
complaint shall be amended to charge the mis-
demeanor and the case shall proceed on the
misdemeanor complaint.

Upon convictions of a violation charged as an
infraction, the person so convicted shall be pun-
ished for the first offense by a fine of not less
than $50 nor more than $100, and for a second
and each additional offense by a fine of not less
than $150 nor more than $250.

Upon conviction of a violation charged as a
misdemeanor, the person so convicted 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 six months, or by both such fine
and imprisonment. (Added by Ord. 39-69, App.
1/28/69; amended by Ord. 206-00, File No. 001229,
App. 9/1/2000)

SEC. 1613. OPERATION OF MOTOR
VEHICLES ON WHARVES.

(a) No motor vehicles, except those engaged
in the transportation of property or passengers,
shall be allowed to enter any wharf; provided,
however, that nothing in this paragraph is to be
construed as prohibiting access to the wharves
and piers by emergency vehicles, or motor ve-
hicles owned by or operated under the jurisdic-
tion of the Commission.

(b) No motor vehicles in an unsafe or dan-
gerous condition shall be allowed on any wharf.

(d) No motor vehicle, when actually en-
gaged in transporting, loading, or unloading
freight or passengers, shall be allowed to remain
on any wharf or other property for an unreason-
able length of time.

(e) No motor vehicle shall be allowed to
park on any wharf, without permission of the
Commission. (Added by Ord. 39-69, App. 1/28/69)

SEC. 1614. OPERATION OF VESSELS.

All vessels at any wharf or within any slip,
channel, basin, or canal must have on board at

Sec. 1614.

San Francisco ■ Police Code

930

all times at least one person in charge who has
the authority to take such action as may be
required by any emergency or as may be ordered
or directed by any competent authority.

A vessel must shift or go into the stream at
its own expense whenever it is ordered to do so
by the Chief Wharfinger, or a duty authorized
representative of the Commission, either of whom
shall have the power to enforce the removal of
the vessel at its own expense at any time. (Added
by Ord. 39-69, App. 1/28/69)

SEC. 1615. PERMISSION TO BOARD
VESSEL.

As a condition to the use by any vessel, of any
slip, channel, basin, canal, wharf, or other port
facility, the Chief Wharfinger, Wharfinger, Fire
Marshal, or other duly authorized representa-
tive of the Commission, must be permitted to go
aboard such vessel to ascertain the kind and
quantity of cargo thereon, any other necessary
information, and whether the rules and regula-
tions of the Commission are being complied with;
and no person shall hinder or molest any one so
authorized, or refuse to allow him to go aboard
any vessel for the purposes specified in this
Section. (Added by Ord. 39-69, App. 1/28/69)

SEC. 1616. AUTHORITY OF POLICE TO
BOARD VESSEL.

As a condition to the use by any vessel of any
property under the jurisdiction of the Commis-
sion, the Police must be permitted to board any
vessel for police purposes. No person shall hinder
or molest any one so authorized, or refuse to
allow him to go aboard any vessel for the pur-
poses specified in this Section. (Added by Ord.
39-69, App. 1/28/69)

SEC. 1617. MOVING OF VESSEL BY
COMMISSION.

If the master agent or owner of a vessel of
1,000 gross tons or under refuses or fails to move
the vessel upon the request of the Commission
whenever, in the judgment of the Commission,
an emergency or the maintenance or operation of
the port necessitates the move, the Commission
may move or provide for the moving of, the vessel

from any wharf, slip, dock or other place under
its jurisdiction to any other suitable place under
its jurisdiction. Any removal pursuant to this
Section shall be at the expense and risk of the
owner of the vessel, and without any liability on
the Commission if the Commission acts with due
care. (Added by Ord. 39-69, App. 1/28/69)

SEC. 1618. VIOLATIONS; PENALTY;
ENFORCEMENT.

Violators of any provision of this Article may
be denied the use of any wharf by the Commis-
sion. The Commission is further given the right
to remove from any wharf, at the expense of, and
warehouse for the account of, the owner, any
motor or other vehicle violating any of the pro-
visions of this Article.

All wharfingers and the Police are authorized
to strictly enforce the provisions of this Article
and all motor and other vehicles must comply at
all times with orders or directions given by either
the wharfingers or the Police. (Added by Ord.
39-69, App. 1/28/69)

[The next page is 941]

ARTICLE 24: REGULATING STREET ARTISTS

Sec. 2400.

Sec. 2401.
Sec. 2402.

Sec. 2403.
Sec. 2404.

Sec. 2404.1.

Sec. 2404.1.1.

Sec. 2404.2.

Sec. 2404.3.

Sec. 2405.

Sec. 2406.

Sec. 2407.

Sec. 2408.

Sec. 2409.

Sec. 2410.
Sec. 2411.

Statement of Purpose and Text

of Street Artist Ordinance.

Additional Definitions.

Compensation of Advisory

Committee.

Age Eligibility for Street Artists.

Street Artist Certificate:

Disclaimer, Transfer, and

Display.

Street Artist Certificate: Fee.

Street Artist

Application/Examination Fee.

Fee Setting Procedure.

Street Artist Certificate:

Priority to Veterans.

Regulations for Street Artists.

Lottery.

Director of Public Works to

Provide Markings.

Issuance, Denial, Suspension or

Revocation of Certificate:

Appeals.

Appeals to Board of Permit

Appeals.

Criminal Violations: Penalties.

Severability.

REGULATING STREET ARTISTS AND
CRAFTSPERSONS.

SEC. 2400. STATEMENT OF PURPOSE
AND TEXT OF STREET ARTIST
ORDINANCE.

This ordinance is enacted to implement an
initiative ordinance approved by the electors of
San Francisco as Proposition "L" at the election
held on November 4, 1975. The provisions of
Proposition "L" are set forth herein for conve-
nience and may only be amended by the electors
of San Francisco. Proposition "L" reads as fol-
lows:

SEC. 1

Definitions

SEC. 2

Advisory Committee of Street Artists

and Crafts Examiners; Establish-

ment; Appointments; Compensation;

Terms; Chairperson; Secretary

SEC. 3

Application

SEC. 4

Examination

SEC. 5

Issuance of Certificate

SEC. 6

Certificate Fee; Period

SEC. 7

Regulating Street Artists and

Craftspersons

SEC. 8

Designation of Sales Areas

SEC. 9

Repeal

"SEC. 1. DEFINITIONS.

For the purposes of this ordinance the follow-
ing words or phrases shall mean or include:

(a) "Art Commission." The Art Commission
of the City and County.

(b) "Advisory Committee. " The Advisory Com-
mittee of Street Artists and Crafts Examiners of
the City and County.

(d) "Family Unit." Two or more persons
jointly engaged in the creation or production of
an art or craft item, no one of whom stands in an
employer-employee relationship to any of the
other members thereof, or, two or more physi-
cally or mentally handicapped persons partici-
pating in a formal rehabilitation program a part
of which includes activities for the creation of
arts and crafts by said persons.

(e) "Person." Any individual, copartnership,
firm, association, joint stock company, corpora-
tion, or combination of individuals of whatever
form or character; provided, however, that when-
ever a right, privilege, or power is conferred upon

941

Sec. 2400.

San Francisco - Police Code

942

a person by the provisions of this ordinance, the
term "person" shall mean an individual natural
person.

proceedings of the Advisory Committee which
shall be open to inspection by the public at all
times.

"SEC. 2. ADVISORY COMMITTEE OF
STREET ARTISTS AND CRAFTS EXAMIN-
ERS; ESTABLISHMENT; APPOINTMENTS;
COMPENSATION; TERMS; CHAIRPERSON;
SECRETARY.

There is hereby established an Advisory Com-
mittee of Street Artists and Crafts Examiners,
who shall advise the Art Commission on matters
relating to the wares produced by street artists
and to perform such other functions as shall from
time to time be deemed appropriate by the Com-
mission. The Advisory Committee shall consist of
five members to be appointed by the Mayor. Four
of said members shall be experienced artists or
craftspersons and each such member shall be
appointed from among three persons whose names
shall have been submitted to the Mayor for
appointment by the Art Commission, and one of
the members shall be an art educator. Each
member shall be compensated for the time he or
she spends in this capacity as assigned by the
Chairperson at a rate of pay to be established
from time to time by the Board of Supervisors.
The term of each member shall be two years,
provided that the five members first appointed
by the Mayor shall, by lot, classify their terms so
that the terms of two members shall be for a
period of one year and the terms of three mem-
bers shall be for a period of two years, and upon
the expiration of these and successive terms, the
Mayor shall appoint their successors for a two-
year term in a manner similar to that described
herein for the initial members. In the event a
vacancy occurs during the term of office of any
member, the Mayor shall appoint for the unex-
pired term of the office vacated, a successor in a
manner similar to that described herein for the
initial members. The Advisory Committee shall
elect from its members a Chairperson and a
Secretary to hold office for one year, or until their
successors are duly elected and qualified. The
Secretary shall keep an accurate record of all

"SEC. 3. APPLICATION.

Every person desiring certification as a street
artist or craftsperson pursuant to this ordinance
shall file an application with the Art Commission
upon a form provided by said Commission. Ex-
cept as otherwise provided herein, said applica-
tion shall specify:

(a) The applicant's residence address, place
of employment where the work of art is produced
and the mailing address of a person through
whom the applicant may always be reached shall
appear on the application.

(b) A description of the art or craft item for
which the applicant seeks certification.

(c) A declaration under penalty of perjury
that the art or craft item for which applicant
seeks certification is of the applicant's own cre-
ation or the creation of the applicant's family
unit, and that the applicant neither employs
other persons nor is employed by another person
in the production of the art or craft item for
which applicant seeks certification.

"SEC. 4. EXAMINATION.

Upon receipt of an application filed pursuant
to this ordinance, the Executive Director of the
Art Commission shall fix a date for Advisory
Committee consideration and action upon said
application and shall notify the applicant of said
date. In its consideration of an application, the
Art Commission shall examine representative
samples of the applicant's work for the purposes
of verifying the information set forth in the
application. After such examination, and for the
purposes of further investigation, the Art Com-
mission may designate one or more of its mem-
bers to visit the studio or workshop of the appli-
cant to view the applicant's facilities and to
further verify that the art or craft item for which
the applicant seeks certification is his or her own
creation or those of his or her family unit.

943

Regulating Street Artists

Sec. 2401.

"SEC. 5. ISSUANCE OF CERTIFICATE.

If the applicant's examination is satisfactory,
and if no charges of deception resorted to in
obtaining the certificate, or any other violation of
the applicable provisions of the San Francisco
Municipal Code, have been filed with the Com-
mission, upon payment of the certificate fee fixed
by this ordinance, the Executive Director of the
Art Commission shall issue a certificate to the
applicant, duly signed, and shall show therein
that the person named therein passed the exami-
nation and is entitled to engage in the display
and sale of the specific art or craft item set forth
in said certificate in accordance with the provi-
sions of this ordinance.

"SEC. 6. CERTIFICATE FEE; PERIOD.

The fee for any certificate issued pursuant to
the provisions of this ordinance shall be $20 and
said certificate shall be valid for a period of three
months from the date of issuance.

"SEC. 7. REGULATING STREET ARTISTS
AND CRAFTSPERSONS.

(a) It shall be unlawful for any person to
sell, offer for sale, expose for sale, or solicit offers
to purchase, any art or craft work of the person's
own creation on any public street or public place
where such activities are permitted, unless duly
certified as a street artist or craftsperson pursu-
ant to the provisions of this ordinance, or duly
licensed as a peddler pursuant to the provisions
of Section 869 of Part II, Chapter VIII of the San
Francisco Municipal Code (Police Code).

(b) It shall be unlawful for any person cer-
tified as a street artist or craftsperson pursuant
to the provisions of this ordinance to sell, offer
for sale, expose for sale, or solicit offers to pur-
chase, any art or craft work of the person's own
creation on any public street or public place
where such activities are not permitted, unless
duly licensed as a peddler pursuant to the pro-
visions of Section 869 of Part II, Chapter VIII of
the San Francisco Municipal Code (Police Code).

(c) All or part of funds derived from the fees
paid by street artists and craflspersons may be
assigned by the Board of Supervisors to the Art

Commission for use in paying members of the
Advisory Committee as set forth in Section 2
above and to the San Francisco Police Depart-
ment for enforcement of this proposition.

"SEC. 8. DESIGNATION OF SALES AREAS.

The Board of Supervisors, by resolution after
public hearings thereon, may designate areas in
or on any public street or public place where any
street artist or craftsperson certified pursuant to
the provisions of this ordinance may sell, offer
for sale, expose for sale, or solicit offers to pur-
chase any art or craft item of his or her own
creation, provided, however, that any designa-
tion of an area in a public place under the
jurisdiction of an officer, board or commission of
the City and County shall be subject to the
approval of such officer, board or commission. In
designating such areas, the Board of Supervisors
may impose such conditions and limitations as,
in its discretion, are necessary to prevent any
undue interference with normal pedestrian or
vehicular traffic, or any damage to surrounding
property, including interference with use, view
or enjoyment of public parks.

"SEC. 9. REPEAL.

The initiative ordinance relative to permits
and licenses for street artists, approved by the
electorate as proposition "L," on the ballot for the
election held in the City and County of San
Francisco on June 4, 1974, is hereby repealed."
(Amended by Ord. 41-83, App. 2/4/83)

SEC. 2401. ADDITIONAL DEFINITIONS.

For the purpose of administering Proposition
"L," the following words or phrases shall mean or
include:

(a) "Art" or "Craft." The terms "art" or "craft"
do not include any item intended or suitable for
human consumption.

(b) "Handcrafted Item." An item predomi-
nantly created or significantly altered in form by
the street artist.

Supp. No. 2, October 2006

Sec. 2401.

San Francisco - Police Code

944

(d) "Street Artist. " Any person who has been
certified as a street artist or craftsperson pursu-
ant to the provisions of Proposition "L."

(e) "Street Artist Certificate." A certificate
issued by the Art Commission pursuant to the
provisions of Proposition "L" and this Article.

(f) "Street Artist Program." A program of
the Art Commission which implements the pro-
visions of Proposition "L" and this Article.

(g) "Street Artist Program Committee." A
committee appointed by the Art Commission and
consisting solely of Commission members. The
Committee shall have responsibility for over-
sight of the Street Artist Program.

(h) "Program Director." The director of the
Street Artist Program, responsible for adminis-
tering the provisions of Proposition "L" and this
Article, on behalf of the Executive Director of the
Art Commission. (Amended by Ord. 41-83, App.
2/4/83; Ord. 291-94, App. 8/4/94)

SEC. 2402. COMPENSATION OF
ADVISORY COMMITTEE.

Pursuant to the provisions of Section 2 of
Proposition "L," the compensation of the appoint-
ive members of the Advisory Committee of Street
Artists and Craftmen Examiners shall be as
follows:

(a) A member shall receive $80.00 plus rea-
sonable travel expenses for each meeting of the
Advisory Committee actually attended by said
member for 50 percent of each meeting of four or
more hours.

(b) A member shall receive $80.00 plus rea-
sonable travel expenses for each visit to the
studio or workship of a certified street artist or
an applicant for a Street Artist Certificate for the
purpose of viewing the applicant's facilities and
verifying that the art or craft item for which the
applicant seeks certification is his or her own
creation or those of his or her family unit, for an
assignment of monitoring or inspecting street
artist wares being sold in public locations, or for
the performance of such other function as shall
from time to time be deemed appropriate by the
Arts Commission.

(c) In no event shall the aggregate amount
paid each member exceed 35 meetings/studio
visits or $2,800.00 per year excluding reimburse-
ment for reasonable travel expenses. For the
purposes of this section, the term "reasonable
travel expenses" shall include travel to and from
a member's office or home. (Amended by Ord.
418-84, App. 10/5/84; Ord. 345-90, App. 10/12/90;
Ord. 451-94, App. 12/30/94; Ord. 63-02, File No.
011788, App. 5/10/2002; Ord. 260-06, File No.
061030, App. 10/13/2006)

SEC. 2403. AGE ELIGIBILITY FOR
STREET ARTISTS.

No person under the age of 16 is eligible for
certification as a street artist. (Amended by Ord.
41-83, App. 2/4/83)

SEC. 2404. STREET ARTIST
CERTIFICATE: DISCLAIMER,
TRANSFER, AND DISPLAY.

(a) Disclaimer. On each Street Artist Cer-
tificate the following words shall appear:

"The issuance of this Certificate does not
constitute an endorsement by the City and County
of San Francisco or the Article sold pursuant to
the terms of this Certificate."

(b) Transfer. Any Street Artist Certificate
issued pursuant to the terms of this Article
cannot be transferred to any other person as
defined in Proposition "L."

(c) Display. The Art Commission shall is-
sue to each Street Artist a Certification Card
which shall contain a photograph of the Street
Artist, the certificate number of all members of
the family unit and the number of the certificate
in figures plainly discernible. The Art Commis-
sion, or its designee, shall determine the manner
and form of any other information that may be
placed upon this Certification Card. The Certifi-
cation Card shall be displayed by the Street
Artist at all times when said Street Artist is
selling or soliciting offers to purchase any art or
craft work. The photograph shall be furnished by
the Street Artist. (Amended by Ord. 41-83, App.
2/4/83)

Supp. No. 2, October 2006

944.1 Regulating Street Artists Sec. 2404.1.

SEC. 2404.1. STREET ARTIST
CERTIFICATE: FEE.

Pursuant to the provisions of Proposition K,
adopted by the voters at an election held on
November 8, 1983, the Board of Supervisors
hereby establishes the fee for a Street Artist
Certificate to be as follows: For the period begin-
ning 30 days after enactment of this ordinance
through June 30, 2004, the fee for a quarterly
Street Artist Certificate shall be $93.40 and said
certificate shall be valid for a period of three
months from the date of issuance; except that

Supp. No. 2, October 2006

[INTENTIONALLY LEFT BLANK]

Supp. No. 2, October 2006

945

Regulating Street Artists

Sec. 2405.

any person certified as a street artist pursuant to
the provisions of this Article shall have the
option of purchasing for $373.60 an annual cer-
tificate valid for a period of one year from the
date of issuance. For the period from July 1, 2004
through June 30, 2005, the fee for a quarterly
certificate shall be $99.10 and the fee for an
annual certificate shall be $396.40. Beginning on
July 1, 2005, the fee for a quarterly certificate
shall be $104.80 and the fee for an annual
certificate shall be $419.20. (Added by Ord. 511-
84, App. 12/21/84; amended by Ord. 295-88, App.
6/29/88; Ord. 216-91, App. 6/12/91; Ord. 240-03,
File No. 031333, App. 10/10/2003)

SEC. 2404.1.1. STREET ARTIST
APPLICATION/EXAMINATION FEE.

Every person applying for street artist certi-
fication, whether for the first time or for reissu-
ance of certification after a lapse in payment of
the certificate fee, shall pay a nonrefundable
application/examination fee. The fee shall ini-
tially be set at $20 and shall be paid upon filing
of an application for certification. The application/
examination fee collected shall be equal to, but
shall not exceed, the fee necessary to support the
costs of processing applications and examina-
tions under the Street Artists Ordinance. As part
of the report required by Section 2404.2 of this
Article, each year the Arts Commission shall
report to the Controller the costs incurred in
administering the application and examination
process.

The funds credited to the Arts Commission
pursuant to this Section, in combination with
funds derived from Sections 2404.1 and 2410 of
this ordinance, shall not exceed the actual cost to
the Arts Commission of administering and en-
forcing Proposition "L" and this Article. (Added
by Ord. 383-96, App. 10/15/96)

SEC. 2404.2. FEE SETTING
PROCEDURE.

Each year the Arts Commission shall cause a
report to be made of the revenues collected for
Street Artist Certificates, the costs incurred in
administering and enforcing the provisions of
the Street Artist Ordinance (Proposition "L"

adopted by the electors of San Francisco at the
election held on November 4, 1975), the antici-
pated costs for the ensuing year, and the fee
which would be necessary to support such costs.
Said report shall be filed with the Controller no
later than April 1st of each year pursuant to the
provisions of Section 3.17-2 of the San Francisco
Administrative Code. The Controller shall file
said report with the Board of Supervisors no
later than May 15th of each year and the Board
of Supervisors shall, by ordinance, establish or
readjust the fee for a Street Artist Certificate.
The fee set shall be equal to, but not greater
than, the fees necessary to support the costs of
administering and enforcing the provisions of
the Street Artist Ordinance. (Added by Ord.
511-84, App. 12/21/84; amended by Ord. 240-03,
File No. 031333, App. 10/10/2003)

SEC. 2404.3. STREET ARTIST
CERTIFICATE: PRIORITY TO
VETERANS.

In fixing a date for Advisory Committee con-
sideration and action upon an application for a
Street Artist Certificate, pursuant to Section 4 of
Section 2400 of this Article, the Arts Commission
shall grant priority to an applicant who submits
with his or her application good and sufficient
evidence establishing that he or she served as a
member of the armed forces of the United States
who received an honorable discharge or a release
from active duty under honorable conditions
from said service.

The provisions of this Section shall expire on
December 1, 1986, unless reauthorized by the
Board of Supervisors upon the recommendation
of the Arts Commission, and shall be subject to
review by the Board of Supervisors in November,
1986. (Amended by Ord. 415-86, App. 10/10/86)

SEC. 2405. REGULATIONS FOR STREET
ARTISTS.

(a) Street artists shall sell, offer for sale or
solicit offers to purchase only for those specific
handcrafted art or craft items created personally
by the street artist or the street artist's family
unit for which the street artist has been certified.

Sec. 2405.

San Francisco - Police Code

946

(b) Street artists shall sell, offer for sale or
solicit offers to purchase only in those areas
designated by the Board of Supervisors by Reso-
lution.

The designation of any area in a public place
under the jurisdiction of an officer, board or
commission of the City and County is subject to
the approval of, and to rule or regulations im-
posed by, such officer, board or commission.

(c) In areas designated by the Board of
Supervisors which are not under the jurisdiction
of an officer, board or commission of the City and
County, street artists shall sell, offer for sale or
solicit offers to purchase subject to the following
regulations:

(1) No more than 4V2 feet from the curb line
of any sidewalk.

(2) Not within 18 inches of the curb line of
any sidewalk.

(3) No more than five feet above any side-
walk.

(4) In an area not more than four feet long.

(5) Sprinkler inlets, standpipe inlets (both
wet and dry) are to be kept clear for IV 2 feet on
each side, measured from the outer edge of
standpipe bank from the building line to the
sidewalk edge.

(6) Not within 10 feet from the outer edge of
any entrance to any building including, but not
limited to, doors, driveways, emergency exits
measured in each direction parallel to the build-
ing line and thence at a 90-degree angle to the
curb.

(7) Fire escapes be unobstructed under-
neath and perpendicular from building to the
street five feet from both ends of fire escape.

(8) Not on any sidewalk adjacent to curb
which has been duly designated pursuant to
local ordinance or regulation as one of the follow-
ing:

1. White zone

2. Yellow zone

3. Bus zone

(9) Not within five feet of any crosswalk.

(10) Inflammable liquid vents and fill pipes
to be kept clear for five feet in both directions on
the sidewalk when tanks are not being filled or
within 25 feet while tank is being filled.

(11) Not within five feet of the display of
any other street artist.

(12) Fire hydrants to have five feet side-
walk clearance.

(13) No street artist shall sell, offer to sell,
or solicit offers to purchase between the hours of
12:00 a.m. (midnight) and 6:00 a.m. of the fol-
lowing day.

(14) All displays and objects placed in those
areas designated by the Board of Supervisors
shall be removed by 12:00 a.m. (midnight) and
shall not be placed prior to 6:00 a.m. of the
following day.

(15) No street artist shall sell, offer for sale,
or solicit offers to purchase, from any vehicle.

(16) Street artists shall engage in their ac-
tivities on the public sidewalks of the City and
County of San Francisco in such a manner that
at all times there shall remain open for the
passage of pedestrians a space of at least 8 feet in
width, as measured on a line perpendicular to
the curb line, between the edge of the sidewalk
farthest from the curb and the edge of the street
artists' activities. No portion of a street artist's
activities shall be included in measuring the
8-foot clear pedestrian passageway. Notwithstand-
ing the foregoing, the Board of Supervisors, by
resolution, may temporarily permit street artists
to engage in their activities in specified locations
where 8 feet of clear pedestrian passageway
cannot be maintained. Such temporary permis-
sion may not be granted by the Board of Super-
visors for any period exceeding 18 months.

(d) In the Resolution designating or redes-
ignating an area where street artists may sell,
offer for sale or solicit offers to purchase, the
Board of Supervisors may exempt the area from
one or more of the regulations set forth in Sub-
section (c) above if the Board finds that the
exemption will not be inconsistent with or inter-

947

Regulating Street Artists

Sec. 2408.

fere with the purposes of the regulation from
which the area is exempted. (Amended by Ord.
388-83, App. 7/14/83; Ord. 199-03, File No. 030909,
App. 8/1/2003)

SEC. 2406. LOTTERY.

(a) The Art Commission shall establish and
supervise a lottery system whereby those per-
sons certified by the Art Commission as street
artists and possessing a valid State Board of
Equalization Resale Permit shall be chosen by
lot for the available selling areas as designated
by the Board of Supervisors by resolution.

(b) The Art Commission shall specify three
days in each week for the holding of a lottery for
selling areas which are designated by the Board
of Supervisors.

(c) The Art Commission, at its discretion,
may postpone any lottery if sufficient volunteers
to conduct the lottery are not available. No fees
shall be paid to the volunteers conducting the
lottery or collected by the Art Commission to
establish or supervise the lottery. Each volunteer
conducting the lottery shall be compensated for
his or her service with a single sales space of the
volunteer's choice selected prior to and from the
lottery the volunteer conducts and for the dura-
tion of the day in which the volunteer conducts
the lottery.

(d) The Art Commission shall not be liable
for any damage, injury or loss occasioned by the
lottery.

(e) The Art Commission may make such
reasonable rules and regulations as are neces-
sary to effectuate the lottery.

(f) The Art Commission shall design and
distribute to those chosen in the lottery on each
day a lottery is held, a document identifying the
person chosen, the craft of the person chosen and
the location where the person chosen will be
allowed to sell, offer for sale, or solicit offers to
purchase.

(g) The lottery document shall be in the
possession of the street artist at all times and
shall be displayed to a police officer upon re-
quest.

(h) It shall be unlawful to sell, offer for sale,
or solicit offers to purchase goods and crafts in
those areas subject to the lottery without first
obtaining a document from the Art Commission
indicating the seller has been chosen for the area
or a document from the Art Commission indicat-
ing that no lottery document is necessary for
that area. (Amended by Ord. 41-83, App. 2/4/83)

SEC. 2407. DIRECTOR OF PUBLIC
WORKS TO PROVIDE MARKINGS.

The Director of Public Works shall place
identifying markings in public streets or curbs
designated as sales areas by the Board of Super-
visors. Said markings shall be consistent with
the regulations contained in this Article. (Amended
by Ord. 41-83, App. 2/4/83)

SEC. 2408. ISSUANCE, DENIAL,
SUSPENSION OR REVOCATION OF
CERTIFICATE: APPEALS.

(a) The issuance of Street Artist Certifi-
cates is governed by Section 5 of Proposition "L."
The violation by a street artist of any provision of
Proposition "L," this Article or any rules or
regulations issued pursuant to this Article of
which the person has been given notice, shall be
grounds for denial, suspension or revocation,
after a public hearing and for good cause shown,
of the Street Artist Certificate.

(b) The Art Commission shall adopt rules
and regulations governing appeals from a denial,
suspension or revocation of a Street Artist Cer-
tificate. A public hearing on the suspension or
revocation of a Street Artist Certificate shall be
conducted by the Street Artist Program Commit-
tee. The findings and recommendations of the
Street Artist Program Committee shall be sub-
mitted directly to the Program Director, who
shall approve or disapprove such findings and
recommendations. The Program Director shall
not amend such findings and recommendations.
The Program Director may disapprove the find-
ings and recommendations of the Street Artist
Program Committee and order a rehearing only
if: (1) the Program Director finds that a fair and
public hearing has not occurred; (2) evidence
critical to the street artist's case was not intro-

Sec. 2408.

San Francisco - Police Code

948

duced except that a street artist shall not be
relieved of his or her failure to put on evidence
unless it was improperly excluded, or it consti-
tutes new evidence which the street artist using
reasonable diligence could not have obtained
until after the hearing; or (3) the artist failed to
appear at the hearing and has, for good cause,
subsequently requested another hearing. A street
artist shall have five business days following his
or her hearing before the Street Artist Program
Committee in which to request a rehearing, after
which time the Program Director shall render
his or her decision on the Program Committee's
findings. The decision of the Program Director
shall be made in writing, and may only be
appealed in accordance with Section 2409. The
Program Director's decision concerning the sus-
pension or revocation of a Street Artist Certifi-
cate shall not be appealable to any level of the
Art Commission. (Added by Ord. 41-83, App.
2/4/83; amended by Ord. 291-94, App. 8/4/94)

SEC. 2409. APPEALS TO BOARD OF
PERMIT APPEALS.

Appeals to the Board of Permit Appeals from
the final decision of the Art Commission to grant
or deny a Street Artist Certificate shall be gov-
erned by Article 1, Section 30 of Part III of the
Municipal Code and shall be filed not later than
15 days after the final decision of the Art Com-
mission. Appeals to the Board of Permit Appeals
from the final decision of the Program Director to
suspend or revoke a Street Artist Certificate
shall be governed by Article 1, Section 30 of Part
III of the Municipal Code and shall be filed not
later than 15 days after the Program Director's
decision approving or disapproving the Program
Committee's findings and recommendations.
(Added by Ord. 41-83, App. 2/4/83; amended by
Ord. 255-88, App. 6/22/88; Ord. 291-94, App.
8/4/94)

person has been given notice, shall be guilty of
an infraction and subject to a fine of not in excess
of $100.

(b) The violation of any provision of Propo-
sition "L" or this Article which would otherwise
be an infraction shall be a misdemeanor if the
person who has violated such provision has pre-
viously been convicted of two or more violations
within the 12-month period immediately preced-
ing the current offense and the prior convictions
are admitted by the person charged with the
violations or are alleged in the accusatory plead-
ing. For this purpose, a bail forfeiture shall be
deemed to be a conviction of the offense charged.
A person convicted of a misdemeanor • pursuant
to this subsection shall be subject to imprison-
ment in the County Jail for a period not exceed-
ing 30 days or a fine not exceeding $500, or both.
(Added by Ord. 41-83, App. 2/4/83)

SEC. 2411. SEVERABILITY.

If any section, subsection, subdivision, para-
graph, sentence, clause or phrase in 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 de-
clares 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, sub-
divisions, paragraphs, sentences, clauses or
phrases be declared unconstitutional or ineffec-
tive. (Added by Ord. 41-83, App. 2/4/83)

SEC. 2410. CRIMINAL VIOLATIONS:
PENALTIES.

(a) Except as provided in Subsection (b),
any person violating any provision of Proposition
"L," this Article or any rules or regulations
issued pursuant to this Article of which the

[The next page is 961]

ARTICLE 25: REGULATIONS FOR PRIVATE PROTECTION AND SECURITY SERVICES

Sec. 1750. Registration of Fixed Patrols,

Street Patrols and Private

Watchman.
Sec. 1750.1. Fixed Patrol Defined.
Sec. 1750.2. Street Patrol Defined.
Sec. 1750.3. Private Watchman Defined.
Sec. 1750.3.1. Person.
Sec. 1750.4. Method of Registration of Street

Patrol and Fixed Patrol

Services.
Sec. 1750.5. Review of Registration

Application.

Sec. 1750.6. Registration of Employees of

Street Patrol Business.
Sec. 1750.7. Registration of Employees of

Fixed Patrol Business.
Sec. 1750.8. Registration of Private

Watchman.
Sec. 1750.9. Issuance of Identification Card.
Sec. 1750.10. Notice of Termination of

Employee.
Sec. 1750.11. Use of Official Police or Sheriff

Titles and Similar Subterfuges.
Sec. 1750.12. Revocation or Refusal of

Registration.

Sec. 1750.13. Matters to be Considered by

Chief of Police.
Sec. 1750.14. Insurance Coverage.
Sec. 1750.15. Registration Fee.
Sec. 1750.16. Exemptions.
Sec. 1750.17. Severability.
Sec. 1750.18. Effective Dates.
Sec. 1750.19. Drawing of Handguns.
Sec. 1750.20. Permitting Drawing of

Handguns.

SEC. 1750. REGISTRATION OF FIXED
PATROLS, STREET PATROLS AND
PRIVATE WATCHMAN.

Unless registered as hereinafter provided, it
shall be unlawful for any person, either for

himself or for any other person, firm or corpora-
tion, to manage, conduct or carry on the business
of a fixed patrol, street patrol, or serve as a
private watchman service in the City and County
of San Francisco, or willfully to hire the services
of a private watchman, fixed patrol, or street
patrol, unless said private watchman, fixed pa-
trol, or street patrol is registered as hereinafter
defined. (Added by Ord. 312-72, App. 11/2/72)

SEC. 1750.1. FIXED PATROL DEFINED.

For the purpose of this Article, the term
"Fixed Patrol" shall mean a person, firm or
corporation licensed by the State of California,
who or which agrees to furnish, or furnishes, a
watchman, guard, patrolman or other person to
protect persons or property or to prevent theft,
unlawful taking, loss, embezzlement, misappro-
priation or concealment of any goods, wares,
merchandise, money, bonds, stocks, notes, docu-
ments, papers or property of any kind, remains
at a fixed location and does not utilize the public
streets during the course and scope of such
employment, except for incidental use of the
streets by a fixed patrol operator, or his em-
ployee, solely for the purpose of traveling from
one location owned or operated by a client to
another location owned or operated by the same
client, or for the purpose of supervising employ-
ees of a fixed patrol operator, or for incidental
use of the streets reasonably necessary to accom-
plish the purpose of the fixed patrol service.
(Added by Ord. 312-72, App. 11/2/72)

SEC. 1750.2. STREET PATROL
DEFINED.

For the purpose of this Article the term
"Street Patrol" shall mean any person, firm or
corporation who furnishes or agrees to furnish,
for any consideration whatsoever, any of the
services enumerated in Section 1750.1 of this
Article and utilizes the public streets to perform
such services and is licensed by the State of

961

Sec. 1750.2.

San Francisco - Police Code

962

California to perform such services or is em-
ployed by a person so licensed. (Added by Ord.
312-72, App. 11/2/72)

SEC. 1750.3.
DEFINED.

PRIVATE WATCHMAN

For the purpose of this Article the term
"Private Watchman" shall mean a person who is
appointed a Special Police Officer pursuant to
the provisions of Section 3.535 of the Chapter,
and is directly employed by one person, firm or
corporation to perform any of the services enu-
merated in Section 1750.1 of this Article, and
who shall, in the performance of his duties,
remain on or immediately adjacent to the prop-
erty of his employer. (Added by Ord. 312-72, App.
11/2/72)

SEC. 1750.3.1. PERSON.

For the purpose of this Article the term
"Person" shall mean any individual, corporation,
copartnership, firm, association, joint stock com-
pany or combination of individuals of whatever
form or character acting as a unit. (Added by
Ord. 312-72, App. 11/2/72)

SEC. 1750.4. METHOD OF
REGISTRATION OF STREET PATROL
AND FIXED PATROL SERVICES.

Persons required to register by Sections 1750.6
and 1750.7 of this Article for Street Patrol or
Fixed Patrol Services shall do so with the Chief
of Police on application forms provided therefor.
The application shall be verified and shall con-
tain the following information:

(a) The true name and address of the appli-
cant and of all persons financially interested in
the operation of the fixed patrol or street patrol
business.

(b) The date, place of birth and citizenship
of all such persons.

(d) The fingerprints of all such persons.

(e) The area of the City and County of San
Francisco, or the portion thereof, in which the
applicant proposes to provide street patrol ser-
vice.

(f) The number and description of motor
vehicles proposed to be used by applicant.

(g) The description and serial number of the
firearms to be used by applicant and his employ-
ees.

(h) Proof of insurance coverage as provided
in Section 1750.14 of this Article.

(i) Whether the applicant requests a street
patrol registration, a fixed patrol, or private
watchman registration.

(j) If the applicant is a corporation, the
application shall set forth the name of the corpo-
ration exactly as shown in its articles of incorpo-
ration; the names and residence addresses of
each of the officers, directors, and each stock-
holder owning more than 10 percent of the stock
of the corporation. If the applicant is a partner-
ship, the application shall set forth the name and
residence address of each of the partners, includ-
ing limited partners. If one or more of the part-
ners is a corporation, the provisions of this
Section pertaining to a corporate applicant shall
apply.

(k) Subsection (d) of this Section 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 institu-
tion, or title 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.

Upon receipt of an application, the Chief of
Police shall conduct such investigation as he
may deem necessary and proper as to the char-
acter and morals of the applicant and persons
financially interested in the fixed patrol service
or street patrol service for which registration is
sought and as to the proposed territory of the

963

Regulations for Private Protection and Security Services

Sec. 1750.7.

City and County of San Francisco, or portions
thereof, within which the street patrol service is
to be conducted. (Added by Ord. 312-72, App.
11/2/72)

SEC. 1750.5. REVIEW OF
REGISTRATION APPLICATION.

The Chief of Police may refuse registration if
it is found that the applicant or any person
financially interested in the operation of the
fixed patrol business or street patrol business is
a person of bad moral character. For this purpose
the Chief of Police may, in his discretion, con-
sider any facts or evidence which he believes is
relevant and will reflect on the moral fitness and
reputation of those who will be in charge of such
fixed patrol or street patrol business.

Should the Chief of Police refuse registration,
the applicant for a street patrol business or
private patrol business may appeal in the same
manner as provided for revocation in Section
1750.12 of this Article.

Upon granting the registration application,
the Chief of Police, or the Police Commission on
appeal, shall designate the portion or portions of
the City and County of San Francisco within
which such street patrol business may be carried
on, and shall specify therein such other reason-
able additional requirements imposed upon ap-
plicant as are necessary to meet local needs and
are not inconsistent with the provisions of the
California Business and Professions Code; pro-
vided, however, that no person shall be allowed
to register as a fixed patrol business or a street
patrol business who is not licensed under the
provisions of said Code. Such registration shall
be disapproved where the territory sought has
been allocated to a patrol special officer ap-
pointed pursuant to Section 3.536 of the Charter
of the City and County of San Francisco; pro-
vided, however, such patrol special officer shall
not be licensed as a fixed patrol operator. (Added
by Ord. 312-72, App. 11/2/72)

SEC. 1750.6. REGISTRATION OF
EMPLOYEES OF STREET PATROL
BUSINESS.

Upon granting the registration application,
the registrant shall furnish the Chief of Police

with the names of those who are or will be
engaged in street patrol, on a form provided
therefor. The form shall contain the following
information:

(a) The true name and address of the em-
ployee.

(b) The date of birth and citizenship of such
person.

(c) The past criminal record, if any, of such
person as stated by the employee, including a
signed statement of the employee that the infor-
mation in (a), (b) and (c) is true and correct.

(d) The fingerprints of such person.

(e) The serial number and description of
each firearm owned by such employee and car-
ried in the course and scope of his duties.

(f) Such other information as may be deemed
relevant by the Chief of Police or Police Commis-
sion.

(g) Recent photograph of such employee.
Upon receipt of the names of the employees

who will be engaged in street patrol service, the
Chief of Police shall conduct such investigation
as he may deem necessary and proper as to the
character and morals of the employee. Should
the Chief of Police, after a noticed hearing, find
that the character and morals of such employee
are such as to constitute a danger to the public if
said employee were to be utilized in street patrol
services, the registrant shall not thereafter uti-
lize such employee for street patrol service.

Any applicant for registration under this
Section who is dissatisfied with the decision of
the Chief of Police may file an appeal with the
Secretary of the Police Commission within five
days. The Police Commission shall thereupon fix
a date for hearing the appeal which date shall
not be more than 10 days from the date of filing
said appeal. The Police Commission may affirm,
modify or reverse the decision of the Chief of
Police. (Added by Ord. 312-72, App. 11/2/72)

SEC. 1750.7. REGISTRATION OF
EMPLOYEES OF FIXED PATROL
BUSINESS.

Upon granting the registration application,
the Chief of Police shall require the registrant to

Sec. 1750.7.

San Francisco - Police Code

964

furnish the names of employees of the registrant
who are or will be engaged in fixed patrol on a
form provided therefor and shall contain the
same information as required in Section 1750.6
of this Article.

Upon receipt of the names of the employees
who will engage in fixed patrol services, the
Chief of Police shall conduct such investigation
as he may deem necessary and proper as to the
character and morals of the employee. Should
the Chief of Police, after a duly noticed hearing,
find that the character and morals of such em-
ployee would constitute a danger to the public if
said employee were to be utilized in fixed patrol
services, the registrant shall not thereafter uti-
lize such employee for fixed patrol service.

Any applicant for registration as a fixed
patrol employee who is dissatisfied with the
decision of the Chief of Police may appeal as
provided in Section 1750.6 of this Article.

A fixed patrol business registered under this
Article may utilize an employee without comply-
ing with Section 1750.7 of this Article for a
period not exceeding two weeks where, because
of any event described in Section 409.5 of the
Penal Code of the State of California or because
of an extensive public gathering, the services
required of the fixed patrol business cannot be
performed without an immediate increase of
personnel. Such fixed patrol business shall, not
later than completion of the employee's first tour
of duty, notify the Chief of Police in writing of the
names of the employees so utilized and justifica-
tion of their use without complying with Section
1750.7 of this Article. (Added by Ord. 312-72,
App. 11/2/72)

SEC. 1750.8. REGISTRATION OF
PRIVATE WATCHMAN.

Private Watchman as defined in Section 1750.3
of this Article shall register with the Chief of
Police and shall furnish the Chief of Police, in
writing, the name, address and telephone num-
ber of his employer and his hours of duty. Each
private watchman shall immediately notify the
Chief of Police, in writing, of the termination of
his employment. No person, firm, corporation or

partnership shall hire a private watchman un-
less such watchman is appointed by the Chief of
Police under authority of Section 3.535 of the
Charter. (Added by Ord. 312-72, App. 11/2/72)

SEC. 1750.9. ISSUANCE OF
IDENTIFICATION CARD.

Should the Chief of Police or Police Commis-
sion have no objection to the employment of an
employee of a street patrol business, a fixed
patrol business, or as a private watchman, the
Chief of Police shall furnish the employer within
15 calendar days of approval of the application,
Sundays and holidays excluded, an employee's
identification card, which shall contain a photo-
graph of the employee, with the registration
number in figures plainly discernible. The Chief
of Police shall determine the manner and form of
any other information that may be placed upon
such identification card, which must be in the
possession of the employee at all times during
his hours of employment, and shall be produced
for inspection upon request of the Chief of Police
or his duly authorized representative. (Added by
Ord. 312-72, App. 11/2/72)

SEC. 1750.10. NOTICE OF
TERMINATION OF EMPLOYEE.

The registrant, within 10 days after the ter-
mination of any employee engaged in street
patrol services or fixed patrol services, shall
notify the Chief of Police in writing of such
termination and the employee shall immediately
deliver his identification card to the Chief of
Police. (Added by Ord. 312-72, App. 11/2/72)

SEC. 1750.11. USE OF OFFICIAL
POLICE OR SHERIFF TITLES AND
SIMILAR SUBTERFUGES.

No person shall, in connection with the op-
eration of a fixed patrol business, street patrol
business, or any private watchman, either as a
registrant or employee:

(a) Titles. Knowingly use the title, "S.F.
Police Officer," "Police Officer," "Special Police or
Special Officer," "Sheriff," "Deputy Sheriff," or
any other title or designation whatever, which is
calculated to indicate an official connection with

965

Regulations for Private Protection and Security Services

Sec. 1750.12.

the Police Department or Sheriffs Office of the
City and County of San Francisco, or with the
police force of any other government or govern-
mental agency.

(b) Operation. Knowingly represent him-
self, or falsely represent another, to be a member
of the Police Department or the Sheriffs Office of
the City and County of San Francisco or use any
sign, word, language or device, which is calcu-
lated to induce a false or mistaken belief that he
is acting or purporting to act on behalf of said
department or office of the City and County
within the scope or any real or purported duty
thereof.

(c) Collections. Knowingly use any sign,
badge, title or designation, or make any express
or implied representation, which is calculated to
induce the belief that he is a member of the
Police Department or the Sheriffs Office of the
City and County, or connected therewith in any
way, in connection with any activity directed
toward the collection of any money or debt, or the
repossession, recovery or taking of anything of
value, or for any purpose of private gain what-
soever.

(d) Uniforms. Knowingly wear any uni-
form designed to resemble so closely the uniform
worn by the Police Department, Sheriffs Office
or the California Highway Patrol as reasonably
to induce the belief that he represents or is
employed by the Police Department, the Sheriffs
Office or the California Highway Patrol.

(e) Vehicles. Knowingly use any vehicle
which is colored or has affixed thereon any sign,
badge, title or device that would reasonably
induce the belief said vehicle was being operated
by the Police Department, Sheriffs Office, Cali-
fornia Highway Patrol, or any agency or local,
State or Federal government. (Added by Ord.
312-72, App. 11/2/72)

SEC. 1750.12. REVOCATION OR
REFUSAL OF REGISTRATION.

The Chief of Police may revoke any registra-
tion issued hereunder after a notice of hearing
when the applicant or registrant is in violation of
any of the provisions of this Article, or of the

Business and Professions Code of the State of
California, or any rules promulgated by the
Chief of Police regulating fixed patrol business,
street patrol business or private watchmen.

In the event that any registration is revoked,
or is refused by the Chief of Police, an appeal
may be filed with the Police Commission within
30 days after date of said decision. Notice of said
revocation or refusal shall be served upon the
registrant or applicant by depositing a true copy
thereof, with postage fully paid, in the United
States mail addressed to the registrant at his
last known address, within three days from the
date of action of the Chief of Police. Any appeal
must be in writing filed with the Secretary of the
Police Commission and served personally or by
mail upon the Chief of Police, or his duly autho-
rized representative appointed for said purpose,
by the registrant or applicant.

The Police Commission shall by resolution fix
a date for hearing said appeal and designate the
time and place where such hearing is to be held,
which date shall be not more than 14 days from
the date of the filing of the appeal. The Secretary
of the Police Commission shall give notice of said
hearing to the registrant or applicant in the
same manner as required for notice of revocation
or refusal of registration, but not less than 10
days prior to the date of said hearing.

The registrant so notified of the revocation
hearing may continue to operate the fixed patrol
or street patrol business pending the revocation
hearing before the Police Commission, unless in
the judgment of the Chief of Police such opera-
tion would adversely affect the public interest, in
which event the order of the Chief of Police will
be effective five days from the date of service of
such order.

At any such hearing, the registrant or appli-
cant shall be given the opportunity to defend
himself, and may call witnesses, be represented
by counsel and present evidence in his behalf
The Chief of Police or his representative shall
attend the hearing.

It shall require a majority vote of the mem-
bership of the Police Commission to overrule the
decision of the Chief of Police. (Added by Ord.
312-72, App. 11/2/72)

Sec. 1750.13.

San Francisco ■ Police Code

966

SEC. 1750.13. MATTERS TO BE
CONSIDERED BY CHIEF OF POLICE.

The Chief of Police may disregard any con-
viction for which the applicant was required to
register pursuant to Section 290 of the Penal
Code of the State of California if he finds that the
applicant has fully completed any sentence im-
posed because of such conviction and complied
with any conditions imposed because of such
conviction, that the completion of said sentence,
probation, parole, or any conditions whatsoever
as a result of such conviction, has occurred at
least three years prior to the date of application
and that the applicant has not subsequently
been convicted of any of the crimes herein men-
tioned or suffered any subsequent felony convic-
tions of any nature whatsoever. (Added by Ord.
312-72, App. 11/2/72)

SEC. 1750.14. INSURANCE COVERAGE.

The applicant, prior to registering as a fixed
patrol business, or a street patrol business, or
any firm, person, partnership or corporation hir-
ing more than two private watchmen as defined
in Section 1750.3 of this Article, must present
evidence of insurance in the following amounts:

(1) Workmen's Compensation and Employ-
ers' Liability Insurance to cover the applicant's
employees, as required by the Labor Code of the
State of California.

(2) Comprehensive bodily injury and prop-
erty damage liability insurance, including auto-
mobile liability and including liability for assault
and battery, false arrest, false imprisonment,
malicious prosecution, libel and slander, and
invasion of privacy. This insurance shall provide
limits of liability of not less than $200,000 for
injury to each person and $300,000 for each
occurrence and $50,000 for property damage.
Any comprehensive bodily injury and property
damage liability insurance policy or policies shall
include the City and County of San Francisco, its
officers and employees as an additional named
insured, in the event any person shall charge or
allege that the City and County of San Francisco,
its officers or employees are liable or responsible
for any act or conduct of the fixed or street patrol

business whether by respondent superior or any
other legal theory, and shall contain the follow-
ing endorsement:

"Notwithstanding any other provision in this
policy, the insurance afforded hereunder to the
City of San Francisco shall be primary as to any
other insurance or reinsurance covering or avail-
able to the City of San Francisco, and such other
insurance or reinsurance shall not be required to
contribute to any liability or loss until and unless
the appropriate limit of liability afforded here-
under is exhausted."

Each of said policies of insurance shall con-
tain a clause substantially in the following words:

"It is hereby understood and agreed that this
policy may not be canceled, nor the amount of the
coverage reduced, until ten days after receipt by
the City Attorney of the City and County of San
Francisco of a written notice of such cancellation
or reduction of coverage, as evidenced by receipt
of a registered letter."

All certificates of insurance must be ap-
proved as to form by the City Attorney of the City
of San Francisco. (Added by Ord. 312-72, App.
11/2/72)

SEC. 1750.15. REGISTRATION FEE.

Every person, firm, or corporation register-
ing as a fixed patrol business or as a street patrol
business shall pay to the Tax Collector a regis-
tration fee of $100 annually, payable in advance.

The registration fee prescribed in this Article
is due and payable on a yearly basis, starting
January 1, 1973. Fees for new registrations
issued after the first day of January, 1973, or in
any subsequent calendar year, shall be prorated
with regard to the calendar year on a monthly
basis.

For each employee registered, a fee of $6
shall be paid to the San Francisco Police Depart-
ment to cover costs of investigation; provided,
however, that the Chief of Police may waive the
provisions of Sections 1750.6 and 1750.7, of this
Article for employees previously registered. (Added
by Ord. 312-72, App. 11/2/72)

967

Regulations for Private Protection and Security Services

Sec. 1750.20.

SEC. 1750.16. EXEMPTIONS.

This Article does not apply to private inves-
tigators as defined in Section 7521(a) of the
Business and Professions Code of the State of
California, to insurance adjusters as defined in
Section 7521(d) of the Business and Professions
Code of the State of California, or to repossessors
as defined in Section 7521(e) of the Business and
Professions Code of the State of California. (Added
by Ord. 31-272, App. 11/2/72)

SEC. 1750.17. SEVERABILITY.

If any section, subsection, subdivision, para-
graph, 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 de-
clares 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, sub-
divisions, paragraphs, sentences, clauses, or
phrases be declared unconstitutional or invalid
or ineffective. (Added by Ord. 312-72, App. 11/2/
72)

SEC. 1750.18. EFFECTIVE DATES.

The provisions of Section 1750 of this Article
shall not be effective for 60 days from the effec-
tive date of this Article as it relates to registra-
tion of a fixed patrol business or street patrol
business. (Added by Ord. 312-72, App. 11/2/72)

SEC. 1750.19. DRAWING OF HANDGUNS.

It shall be unlawful for any armed guard,
while in any place in the City and County of San
Francisco, to draw or exhibit other than in a
holster any handgun except in lawful response to
an actual and specific threat to person and/or
property. (Added by Ord. 582-81, App. 12/10/81)

SEC. 1750.20. PERMITTING DRAWING
OF HANDGUNS.

It shall be unlawful for any person, corpora-
tion, partnership, or association which employs

or utilizes armed guards to require, allow or
permit any such guard, while in any place in the
City and County of San Francisco, to draw or
exhibit other than in a holster any handgun
except in lawful response to an actual and spe-
cific threat to person and/or property. In any
prosecution for violation of this Section proof
that such person, corporation, partnership, or
association did not, at the time a guard unlaw-
fully drew or exhibited a handgun, have a writ-
ten rule prohibiting such acts, shall be prima
facie evidence that such person, corporation,
partnership or association required, allowed or
permitted such conduct. (Added by Ord. 582-81,
App. 12/10/81)

Sec. 1750.20. San Francisco - Police Code 968

[The next page is 979]

ARTICLE 26: REGULATIONS FOR PUBLIC BATH HOUSES

Sec. 2600. Definitions.

Sec. 2601. Permit Required.

Sec. 2602. Filing and Fee Provision.

Sec. 2603. Application For a Public Bath

House Permit.
Sec. 2604. Corporate Applicants;

Exemption.

Sec. 2607. Facilities Necessary.

Sec. 2608. Operating Requirements.

Sec. 2609. Verification of Application.

Sec. 2610. Notice of Hearing.

Sec. 2611. Referral of Application to Other

Departments.
Sec. 2612. Issuance of Permit For Public

Bath House.

Sec. 2615. Register to be Maintained.
Sec. 2616. Revocation or Suspension of

Permit to Operate a Public Bath

House.
Sec. 2618. Employment of Persons Under

the Age of Eighteen Years

Prohibited.
Sec. 2619. Advertising.
Sec. 2620. Sale or Transfer.
Sec. 2621. Name and Place of Business —

Change of Location.
Sec. 2622. Daily Register.
Sec. 2623. Locked Cubicle, Room, Booth,

Etc.
Sec. 2624. Display of Permit.
Sec. 2625. Inspections.
Sec. 2626. License Fees.
Sec. 2627. Transfer of Permit.
Sec. 2628. Unlawful Activities.
Sec. 2630. Time Limit For Filing

Application For Public Bath

House Permit.
Sec. 2632. Applicability of Existing Public

Bath Houses.
Sec. 2633. Rules and Regulations.

Sec. 2634. Violation and Penalty.
Sec. 2635. Severability.

SEC. 2600. DEFINITIONS.

For the purpose of this Article, the following
words and phrases shall mean or include:

(a) "Bath House." Any place open to the
public including private clubs or organizations
except as provided in Section 2600(f) wherein
any person, firm, association, corporation or part-
nership engages in, conducts or carries on, or
permits to be engaged in, conducted or carried on
Russian, Turkish, Finnish, Swedish, hot air, va-
por, electric cabinet, steam, mineral, sweat, salt,
Japanese, sauna, fomentation, alcohol or baths
of any kind whatsoever are given or furnished,
provided that such term shall not include ordi-
nary tub baths where an attendant is not re-
quired.

(b) "Person." Any individual, copartner-
ship, firm, association, joint stock company, cor-
poration, or combination of individuals of what-
ever form or character.

(c) "Employee." Shall include all persons
paid by the permittee on a monthly, weekly or
hourly basis and render a service directly to the
client or customer; provided, however, the word
"Employee" shall not include janitorial, laundry
or engineering personnel.

(d) "Director." Director of Public Health or
his authorized representative.

(e) "Permittee." The operator of a public
bath house.

(f) "Bona Fide Nonprofit Club or Orga-
nization." Any fraternal, charitable, religious,
benevolent or any other nonprofit organization
having a regular membership association prima-
rily for mutual social, mental, political and civic
welfare, to which admission is limited to the
members and guests and revenue accruing there-
from is to be used exclusively for the benevolent
purposes of said organization and which organi-

979

Sec. 2600.

San Francisco - Police Code

980

zation or agency is exempt from taxation, under
the Internal Revenue laws of the United States
as a bona fide fraternal, charitable, religious,
benevolent or nonprofit organization.

This Article shall not include hospitals, nurs-
ing homes, sanitaria, or persons holding an un-
revoked certificate to practice the healing arts
under the laws of the State of California, or
persons working under the direction of any such
persons. Nor shall this Article apply to any bona
fide nonprofit club or organization as defined by
this Article. (Added by Ord. 23-73, App. 1/19/73)

SEC. 2601. PERMIT REQUIRED.

It shall be unlawful for any person to engage
in, conduct or carry on, or to permit to be
engaged in, conducted or carried on, in or upon
any premises in the City and County of San
Francisco, the operation of a public bath house
as herein defined without first having obtained a
permit from the Police Department. (Added by
Ord. 23-73, App. 1/19/73)

SEC. 2602. FILING AND FEE
PROVISION.

Every applicant for a permit to maintain,
operate, or conduct a public bath house shall file
an application with the Chief of Police upon a
form provided by said Chief of Police and shall
pay a filing fee which shall not be refundable. A
percentage of said permit application fee, as
determined by the Controller pursuant to the
provisions of Section 2.21 of this Code, shall be
credited to the Department of Public Health.
(Amended by Ord. 555-81, App. 11/12/81)

SEC. 2603. APPLICATION FOR A
PUBLIC BATH HOUSE PERMIT.

The application for a permit to operate a
public bath house shall set forth the exact nature
of the baths to be administered, the proposed
place of business and facilities therefor, and the
name and address of each applicant.

In addition to the foregoing, any applicant for
a permit shall furnish the following information:

(a) The two previous addresses immedi-
ately prior to the present address of applicant.

(b) Written proof that the applicant is over
the age of 18 years.

(d) Two portrait photographs at least 2" x

2".

(e) Business, occupation, or employment of
the applicant for the three years immediately
preceding the date of the application.

(f) The bath house or similar business li-
cense history of the applicant; whether such
person, in previously operating in this or another
city or state under license, has had such license
revoked or suspended, the reason therefor, and
the business activity or occupation subsequent to
such action of suspension or revocation.

(g) All criminal convictions except minor
traffic violations.

(h) Such other identification and informa-
tion necessary to discover the truth of the mat-
ters hereinbefore specified as required to be set
forth in the application.

(i) Nothing contained herein shall be con-
strued to deny to the Chief of Police the right to
take the fingerprints and additional photo-
graphs of the applicant, nor shall anything con-
tained herein be construed to deny the right of
said Chief of Police to confirm the height and
weight of the applicant.

(j) If the applicant is a corporation, the
name of the corporation shall be set forth exactly
as shown in its articles of incorporation; the
names and residence addresses of each of the
officers, directors and each stockholder owning
more than 10 percent of the stock of the corpo-
ration. If the applicant is a partnership, the
application shall set forth the name and resi-
dence address of each of the partners, including
limited partners. If one or more of the partners is
a corporation, the provisions of this Section per-
taining to a corporate applicant apply. (Added by
Ord. 23-73, App. 1/19/73)

981

Regulations for Public Bath Houses

Sec. 2607.

SEC. 2604. CORPORATE APPLICANTS;
EXEMPTION.

The provisions of Section 2603(a), (b), (c), and
(d), entitled "Application for Permit" 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 institu-
tion or title company by 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. 23-73,
App. 1/19/73)

SEC. 2607. FACILITIES NECESSARY.

No permit to conduct a public bath house
shall be issued unless an inspection by the Di-
rector reveals that the establishment complies
with each of the following minimum require-
ments:

(a) Construction of rooms used for toilets,
tubs, steam baths, and showers shall be made
waterproof with approved waterproofed materi-
als and shall be installed in accordance with the
San Francisco Building Code. Plumbing fixtures
shall be installed in accordance with the San
Francisco Plumbing Code.

(1) For toilet rooms, toilet room vestibules
and rooms containing bathtubs, there shall be a
waterproof floor covering, which will be carried
up all walls to a height of at least six inches.
Floor shall be covered up on base with at least 3 U
inch cover. The walls of all toilet rooms and
rooms containing bathtubs shall be finished to a
height of six feet from a smooth, nonabsorbent
finish surface of Keene cement, tile, or similar
material.

(2) Steam rooms and shower compartments
shall have approved waterproof floors, walls and
ceilings.

(3) Floors of wet and dry heat rooms shall
be adequately pitched to one or more floor drains
properly connected to the sewer.

(Exception: Dry heat rooms with wooden floors
need not be provided with pitched floors and
floor drains.)

(4) A source of hot water shall be available
within the immediate vicinity of dry and wet
heat rooms to facilitate cleaning.

(b) Toilet facilities shall be provided in con-
venient locations. When five or more employees
and patrons of different sexes are on the pre-
mises at the same time, separate facilities shall
be provided. A single water closet per sex shall be
provided for each 20 or more employees or pa-
trons of that sex on the premises at any one time.
Urinals may be substituted for water closets
after one water closet has been provided when
five or more employees and patrons of different
sexes are on the premises. All toilet rooms shall
be equipped with selfclosing doors opening in the
direction of ingress to the toilet rooms. Toilets
shall be designated as to the sex accommodated
therein.

(c) Lavatories or wash basins provided with
both hot and cold running water shall be in-
stalled in either the toilet room or the vestibule.
Lavatories or wash basins shall be provided with
soap in a dispenser and with sanitary towels.

(d) All portions of public bath house estab-
lishments and baths shall be provided with ad-
equate light and ventilation by means of win-
dows or skylights with an area of not less than Ys
of the total floor area, or shall be provided with
approved artificial light and a mechanical oper-
ating ventilating system. When windows or sky-
lights are used for ventilation, at least V2 of the
total required total window area shall be oper-
able.

To allow for adequate ventilation, cubicles,
rooms, and areas provided for patrons' use not
served directly by a required window, skylight,
or mechanical system of ventilation shall be
constructed so that the height of partitions does
not exceed 75 percent of the floor-to-ceiling height
of the area in which they are located.

(e) All electrical equipment shall be in-
stalled in accordance with the requirements of
the San Francisco Electrical Code.

Sec. 2607.

San Francisco - Police Code

982

(f) Nothing contained herein shall be con-
strued to impose new requirements to existing
public bath house establishments under the City's
Building, Health and Fire Codes. (Added by Ord.
23-73, App. 1/19/73)

SEC. 2608. OPERATING
REQUIREMENTS.

The following operating requirements are to
be enforced:

(a) Every portion of a public bath house,
including appliances, apparatus, and personnel,
shall be kept clean and operated in a sanitary
condition.

(b) All employees shall be clean and wear
clean outer garments, whose use is restricted to
the public bath house. Provision for separate
dressing rooms for each sex must be available on
the premises, with individual lockers for each
employee. Doors to such dressing rooms shall
open inward and shall be self-closing.

(c) All public bath houses shall be provided
with clean laundered sheets and towels in suffi-
cient quantities and shall be laundered between
consecutive uses thereof and stored in an ap-
proved sanitary manner. No towels or sheets
shall be laundered or dried in any public bath
house unless such establishment is provided
with approved laundry facilities for such laun-
dering and drying. Approved receptacles shall be
provided for the storage of soiled linens and
paper towels.

(d) Wet and dry heat rooms, shower com-
partments, and toilet rooms shall be thoroughly
cleaned each day the business is in operation.
Bathtubs shall be thoroughly cleaned after each
use. (Added by Ord. 23-73, App. 1/19/73)

SEC. 2609. VERIFICATION OF
APPLICATION.

Every application for a permit under this
Article shall be verified as provided in the Cali-
fornia Code of Civil Procedure for the verification
of pleadings. (Added by Ord. 23-73, App. 1/19/73)

SEC. 2610. NOTICE OF HEARING.

When an application is filed for a new permit
under this Article, the Chief of Police shall fix a
time and place for a public hearing thereon. 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
public bath house is to be operated. Such posting
of notice shall be carried out by the Police De-
partment, and the applicant shall maintain said
notice as posted the required number of days.
(Added by Ord. 23-73, App. 1/19/73)

SEC. 2611. REFERRAL OF
APPLICATION TO OTHER
DEPARTMENTS.

The Chief of Police upon receiving an appli-
cation for a public bath house permit shall refer
the applications to the Bureau of Building In-
spection, the Fire Department, the Health De-
partment and the City Planning Department,
which departments shall inspect the premises
proposed to be devoted to a public bath house
and shall make separate written recommenda-
tions to the Chief of Police concerning compli-
ance with the codes that they administer. (Added
by Ord. 23-73, App. 1/19/73)

SEC. 2612. ISSUANCE OF PERMIT FOR
PUBLIC BATH HOUSE.

The Chief of Police shall issue a Public Bath
House Permit within 14 days following a hearing
if all the requirements for a public bath house
described in this Article are met and shall issue
a permit to any person who has applied for a
permit to operate a public bath house unless he
finds:

(1) That the operation as proposed by the
applicant if permitted would not comply with all
applicable laws including, but not limited to, the
City's Building, Health, City Planning and Fire
Codes, or regulations adopted by the Chief of
Police.

983

Regulations for Public Bath Houses

Sec. 2619.

(2) That the applicant or any other person
who will be directly engaged in the management
and operation of a public bath house has been
convicted of:

(a) An offense involving conduct which re-
quires registration pursuant to Section 290 of
the Penal Code.

(b) An offense involving the use of force and
violence upon the person of another that amounts
to a felony.

(d) An offense as defined under Sections
311, 647(a), 647a, 315, 316, or 318 of the Penal
Code of the State of California.

(e) The Chief of Police shall disregard any
conviction mentioned in Subsections (a), (b), (c)
or (d) of this Section if he finds that the applicant
has fully completed any sentence imposed be-
cause of such conviction and has fully complied
with any conditions imposed because of such
conviction, which conviction has occurred at least
three years prior to the date of application and
the applicant has not subsequently been con-
victed of any of the crimes herein mentioned nor
has suffered any subsequent felony convictions
involving the use of force or violence on the
person of another. (Added by Ord. 23-73, App.
1/19/73)

SEC. 2615. REGISTER TO BE
MAINTAINED.

The operator of a public bath house must
maintain a register of all persons employed as an
employee of a public bath house as herein de-
fined which register shall be available for inspec-
tion at all times during regular business hours.
The register shall contain the following informa-
tion for each employee:

(a) Name and residence address.

(b) Social Security number and driver's li-
cense number, if any.

(d) Written evidence that the employee is
over the age of 18 years.

(e) Business, occupation or employment of
the employee for the three years immediately
preceding the date of beginning employment
with the public bath house.

(f) The Chief of Police shall have the right
to take fingerprints and photographs of an em-
ployee and the right to confirm the information
contained in the register. (Amended by Ord.
35-82, App. 1/29/82)

SEC. 2616. REVOCATION OR
SUSPENSION OF PERMIT TO OPERATE
A PUBLIC BATH HOUSE.

Any permit issued for a public bath house
may be revoked or suspended by the Chief of
Police, after a hearing, for good cause, in any
case where any of the provisions of this Article
are knowingly violated, or where any employee
of the permittee is engaging in any conduct
which violates any state or local laws or ordi-
nances at permittee's place of business where
permittee has actual or constructive knowledge
or by due diligence should have actual or con-
structive knowledge of such violations, or in any
case where the permittee refuses to permit any
duly authorized officer of the City to inspect the
premises or the operations therein. Such permit
may also be revoked or suspended by the Chief of
Police, after hearing, upon the representation of
the Director of Public Health that such business
is being managed, conducted, or maintained with-
out regard for the public health or health of
patrons or customers, or without due regard to
proper sanitation or hygiene. (Added by Ord.
23-73, App. 1/19/73)

SEC. 2618. EMPLOYMENT OF PERSONS
UNDER THE AGE OF EIGHTEEN YEARS
PROHIBITED.

It shall be unlawful for the owner, proprietor,
manager or any other person in charge of any
public bath house to employ any person under
the age of 18 years. (Added by Ord. 23-73, App.
1/19/73)

SEC. 2619. ADVERTISING.

No public bath house granted a permit under
the provisions of this Article shall place, publish

Sec. 2619.

San Francisco - Police Code

984

or distribute or cause to be placed, published or
distributed any advertising matter that depicts
any portion of the human body that would rea-
sonably suggest to prospective patrons that any
service is available other than those services as
described in Section 2600 of this Article, nor
shall any public bath house indicate in the text of
such advertising that any service is available
other than those services as described in Section
2600 of this Article. (Added by Ord. 23-73, App.
1/19/73)

SEC. 2620. SALE OR TRANSFER.

Upon sale, transfer or relocation of a public
bath house, the permit and license therefor shall
be null and void unless approved as provided in
Section 2627 herein. (Added by Ord. 23-73, App.
1/19/73)

SEC. 2621. NAME AND PLACE OF
BUSINESS— CHANGE OF LOCATION.

No person granted a permit pursuant to this
Article shall operate under any name or conduct
his business under any designation or in any
location not specified in his permit. (Added by
Ord. 23-73, App. 1/19/73)

SEC. 2622. DAILY REGISTER.

Every person who engages in or conducts a
public bath house as herein defined shall keep a
daily register, approved in form by the Police
Department, of all patrons by name, address,
and hour of arrival, and the room or cubicle
assigned, if any. Said daily register shall at all
times during business hours be subject to inspec-
tion by the Health Department and by the Police
Department and shall be kept on file for one
year. (Added by Ord. 23-73, App. 1/19/73)

SEC. 2623. LOCKED CUBICLE, ROOM,
BOOTH, ETC.

No service enumerated in Section 2600 of
this Article may be carried on within any cubicle,
room, or booth, or in any area within a public
bath house by whatever designation whatsoever
which is fixed with a door capable of being
locked. (Added by Ord. 23-73, App. 1/19/73)

SEC. 2624. DISPLAY OF PERMIT.

Every person to whom or for whom a permit
shall have been granted pursuant to the provi-
sions of this Article shall display said permit in a
conspicuous place in a public bath house so that
the same may be readily seen by persons enter-
ing the premises. (Added by Ord. 23-73, App.
1/19/73)

SEC. 2625. INSPECTIONS.

The Police Department and the Department
of Public Health shall from time to time, and at
least twice a year, make an inspection of each
public bath house in the City and County of San
Francisco for the purpose of determining that
the provisions of this Article are complied with.
(Added by Ord. 23-73, App. 1/19/73)

SEC. 2626. LICENSE FEES.

Every permittee who conducts, permits or
assists in conducting or permitting any public
bath house as defined herein shall pay to the Tax
Collector an annual license fee, payable in ad-
vance. In calculating the fees earned herein, a
percentage of the license fee as set by the Con-
troller pursuant to Section 2.21 of this Code shall
be credited to the Department of Public Health
pursuant to the provisions of Section 6.402 of the
Charter of the City and County of San Francisco.
The license fee prescribed in this Section is due
and payable on a calendar year basis starting 30
days after the first day of January, 1973, and in
any subsequent calendar year shall be prorated
with regard to the calendar year on a monthly
basis. (Amended by Ord. 555-81, App. 11/12/81)

SEC. 2627. TRANSFER OF PERMIT.

No permit shall be transferred to new owners
except with the written consent of the Chief of
Police and the approval of the Director of Public
Health.

An application for such a transfer shall be in
writing and shall be accompanied by the same
filing fee as for an initial application. The writ-
ten application for such transfer shall contain
the same information as requested herein for an
initial application for such a permit. The same
percentage of said filing fee for a transfer of

985

Regulations for Public Bath Houses

Sec. 2635.

license shall be credited to the Department of
Public Health pursuant to the provisions of Sec-
tion 6.402 of the Charter of the City and County
of San Francisco as for an initial application.
(Amended by Ord. 555-81, App. 11/12/81)

SEC. 2628. UNLAWFUL ACTIVITIES.

It shall be unlawful for any person to give or
administer any bath or baths as defined herein,
or to give or administer any of the other things
mentioned in this Article which violate the pro-
visions of this Article or which violate any state
or local laws or ordinances. Any violation of this
provision shall be deemed grounds for revocation
of the permit granted hereunder. (Added by Ord.
23-73, App. 1/19/73)

SEC. 2630. TIME LIMIT FOR FILING
APPLICATION FOR PUBLIC BATH
HOUSE PERMIT.

All persons who possess an outstanding per-
mit heretofore issued by the Police Department
as an operator of a public bath house must file
for a new permit within 90 days of the effective
date of this Article; failure to do so shall consti-
tute continued operation of said place of business
a violation of Section 2634 thereof. (Added by
Ord. 23-73, App. 1/19/73)

SEC. 2632. APPLICABILITY TO
EXISTING PUBLIC BATH HOUSES.

Any place or premises where a permit to
operate is sought must conform to all existing
Building, Health, City Planning and Fire Codes
of the City and County of San Francisco. Nothing
contained herein shall be construed to impose
new requirements on existing public bath houses
under the City's Building, Health, City Planning
and Fire Codes. The Chief of Police shall grant a
permit to operate a bath house to those bath
houses holding valid permits to operate under
the provisions of former Section 1301 of Chapter
VIII, Part II, of the San Francisco Municipal
Code. (Added by Ord. 23-73, App. 1/19/73)

SEC. 2633. RULES AND REGULATIONS.

The Chief of Police may, after a public hear-
ing, make and enforce reasonable rules and

regulations not in conflict with, but to carry out,
the intent of this Article. (Added by Ord. 23-73,
App. 1/19/73)

SEC. 2634. VIOLATION AND PENALTY.

(a) Every person who violates any provision
of this Article shall be guilty of a misdemeanor.
(Amended by Ord. 35-82, App. 1/29/82)

SEC. 2635. SEVERABILITY.

If any section, subsection, subdivision, para-
graph, 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 de-
clares 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, sub-
divisions, paragraphs, sentences, clauses or
phrases be declared unconstitutional or invalid
or ineffective. (Added by Ord. 23-73, App. 1/19/
73)

[The next page is 995]

San Francisco - Police Code 986

[INTENTIONALLY LEFT BLANK]

ARTICLE 27: [RESERVED]

Sec. 2700.

(Added by Ord. 300-72, App. 10/19/72; repealed

by Ord. 269-03, File No. 030995, App. 12/5/2003)

Sec. 2701.

(Added by Ord. 300-72, App. 10/19/72; repealed

by Ord. 269-03, File No. 030995, App. 12/5/2003)

Sec. 2702.

(Amended by Ord. 555-81, App. 11/12/81; re-
pealed by Ord. 269-03, File No. 030995, App.
12/5/2003)

Sec. 2703.

(Added by Ord. 300-72, App. 10/19/72; repealed

by Ord. 269-03, File No. 030995, App. 12/5/2003)

Sec. 2704.

(Added by Ord. 300-72, App. 10/19/72; repealed

by Ord. 269-03, File No. 030995, App. 12/5/2003)

Sec. 2705.

(Amended by Ord. 555-81, App. 11/12/81; re-
pealed by Ord. 269-03, File No. 030995, App.
12/5/2003)

Sec. 2706.

(Added by Ord. 300-72, App. 10/19/72; repealed

by Ord. 269-03, File No. 030995, App. 12/5/2003)

Sec. 2707.

(Added by Ord. 300-72, App. 10/19/72; repealed

by Ord. 269-03, File No. 030995, App. 12/5/2003)

Sec. 2708.

(Added by Ord. 300-72, App. 10/19/72; repealed

by Ord. 269-03, File No. 030995, App. 12/5/2003)

Sec. 2709.

(Added by Ord. 300-72, App. 10/19/72; repealed

by Ord. 269-03, File No. 030995, App. 12/5/2003)

Sec. 2710.

(Added by Ord. 300-72, App. 10/19/72; repealed

by Ord. 269-03, File No. 030995, App. 12/5/2003)

Sec. 2711.

(Added by Ord. 300-72, App. 10/19/72; repealed

by Ord. 269-03, File No. 030995, App. 12/5/2003)

Sec. 2712.

(Added by Ord. 300-72, App. 10/19/72; repealed

by Ord. 269-03, File No. 030995, App. 12/5/2003)

Sec. 2713.

(Added by Ord. 300-72, App. 10/19/72; repealed

by Ord. 269-03, File No. 030995, App. 12/5/2003)

Sec. 2714.

(Added by Ord. 300-72, App. 10/19/72; repealed

by Ord. 269-03, File No. 030995, App. 12/5/2003)

Sec. 2715.

(Added by Ord. 300-72, App. 10/19/72; repealed

by Ord. 269-03, File No. 030995, App. 12/5/2003)

Sec. 2716.

(Added by Ord. 300-72, App. 10/19/72); repealed

by Ord. 269-03, File No. 030995, App. 12/5/2003

Sec. 2718.

(Added by Ord. 300-72, App. 10/19/72; repealed

by Ord. 269-03, File No. 030995, App. 12/5/2003)

Sec. 2719.

(Amended by Ord. 555-81, App. 11/12/81; re-
pealed by Ord. 269-03, File No. 030995, App.
12/5/2003)

Sec. 2720.

(Added by Ord. 300-72, App. 10/19/72; repealed

by Ord. 269-03, File No. 030995, App. 12/5/2003)

Sec. 2721.

(Added by Ord. 300-72, App. 10/19/72; repealed

by Ord. 269-03, File No. 030995, App. 12/5/2003)

Sec. 2722.

(Added by Ord. 300-72, App. 10/19/72; repealed

by Ord. 269-03, File No. 030995, App. 12/5/2003)

995

San Francisco - Police Code

996

Sec. 2723.

(Added by Ord. 300-72, App. 10/19/72; repealed

by Ord. 269-03, File No. 030995, App. 12/5/2003)

Sec. 2724.

(Added by Ord. 300-72, App. 10/19/72; repealed

by Ord. 269-03, File No. 030995, App. 12/5/2003)

Sec. 2725.

(Added by Ord. 300-72, App. 10/19/72; repealed

by Ord. 269-03, File No. 030995, App. 12/5/2003)

Sec. 2726.

(Added by Ord. 300-72, App. 10/19/72; repealed

by Ord. 269-03, File No. 030995, App. 12/5/2003)

Sec. 2727.

(Added by Ord. 300-72, App. 10/19/72; repealed

by Ord. 269-03, File No. 030995, App. 12/5/2003)

Sec. 2728.

(Amended by Ord. 555-81, App. 11/12/81; re-
pealed by Ord. 269-03, File No. 030995, App.
12/5/2003)

Sec. 2728.1.

(Added by Ord. 555-81, App. 11/12/81; repealed

by Ord. 269-03, File No. 030995, App. 12/5/2003)

Sec. 2729.

(Amended by Ord. 555-81, App. 11/12/81; re-
pealed by Ord. 269-03, File No. 030995, App.
12/5/2003)

Sec. 2730.

(Added by Ord. 300-72, App. 10/19/72; repealed

by Ord. 269-03, File No. 030995, App. 12/5/2003)

Sec. 2731.

(Added by Ord. 300-72, App. 10/19/72; repealed

by Ord. 269-03, File No. 030995, App. 12/5/2003)

Sec. 2732.

(Added by Ord. 300-72, App. 10/19/72; repealed

by Ord. 269-03, File No. 030995, App. 12/5/2003)

Sec. 2733.

(Added by Ord. 300-72, App. 10/19/72; repealed

by Ord. 269-03, File No. 030995, App. 12/5/2003)

Sec. 2734.

(Added by Ord. 300-72, App. 10/19/72; repealed

by Ord. 269-03, File No. 030995, App. 12/5/2003)

Sec. 2735.

(Added by Ord. 300-72, App. 10/19/72; repealed

by Ord. 269-03, File No. 030995, App. 12/5/2003)

Sec. 2736.

(Added by Ord. 300-72, App. 10/19/72; repealed

by Ord. 269-03, File No. 030995, App. 12/5/2003)

Sec. 2737.

(Added by Ord. 300-72, App. 10/19/72; repealed

by Ord. 269-03, File No. 030995, App. 12/5/2003)

[The next page is 1011]

ARTICLE 28: REGULATIONS FOR PAWNBROKERS PERMIT
AND LICENSE 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. 2825. Moratorium on the Granting of

Permits in the Mission and

Ingleside Police Districts.

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 per-
sonal property as security for the repayment of
said loan; provided, however, that any bank or
other institution authorized to conduct its busi-
ness under the banking laws of the State of
California, or under the laws of the United
States, that loans money on stocks, bonds, secu-
rities or other contracts, shall not be deemed to
be a pawnbroker.

(b) Person. An individual, firm, partner-
ship, joint adventurer, association, social club,
fraternal organization, joint stock company, cor-
poration, estate, trust, business trust, receiver,
trustee, syndicate, or any other group or combi-
nation acting as a unit excepting the United
States of America, the State of California, and
any political subdivision of either thereof.

(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 pawn-
broking 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

1011

Sec. 2802.

San Francisco - Police Code

1012

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 ap-
plication 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 ad-
dress 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 corpo-
ration. If the applicant is a partnership, the
application shall set forth the name and resi-
dence address of each of the partners, including
limited partners. If one or more of the partners is
a corporation, the provisions of this Section per-
taining 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 state-
ment of the nature and extent of such authority
and control.

(e) Such information pertinent to the opera-
tion of the proposed activity, including informa-
tion as to management and authority control, as
the Chief of Police may require of an applicant in
addition to the other requirements of this Sec-
tion.

(f) The address to which notice, when re-
quired, 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 finger-
print 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 institu-
tion 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 Cali-
fornia 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

1013

Regulations for Pawnbrokers Permit and License Provisions

Sec. 2810.

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 num-
ber 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 investiga-
tion and subsequent to the public hearing pro-
vided 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 ordi-
nances.

(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 jurisdic-
tion, 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 of-
fenses within the past five years.

(3) That the applicant has not knowingly
made any false, misleading, or fraudulent state-
ment 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-partner-
ship 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 consid-
ered 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 ordi-
nances 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)

Supp. No. 1, September 2006

Sec. 2811.

San Francisco - Police Code

1014

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, descrip-
tion of the article sold, description of article
otherwise dealt with, name and residence of
person, firm or corporation from whom pur-
chased, 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 provid-
ing 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 re-
ports 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 juris-
diction. (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 dis-
pose 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 supplemen-
tal 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 state-
ment contained in the application or permit.

(b) Violation of provisions of this Article,
the San Francisco Municipal Code, Charter Sec-
tion 3.537, or any of the laws of the State of
California regulating the business of pawnbrok-
ing.

Supp. No. 1, September 2006

1014.1 Regulations for Pawnbrokers Permit and License Provisions Sec. 2818.

SEC. 2818. LICENSE FEES.

Every person who has received a permit to
operate the business of pawnbroking shall, on
the first day of January each year, pay to the Tax
Collector an annual license fee payable in ad-
vance.

Supp. No. 1, September 2006

[INTENTIONALLY LEFT BLANK]

Supp. No. 1, September 2006

1015

Regulations for Pawnbrokers Permit and License Provisions

Sec. 2825.

Fees for new licenses issued after the first
day of August, 1973, or in any subsequent calen-
dar year shall be prorated on a monthly basis.

No permit or license shall be initially issued
pursuant to this Article after October 19, 1972,
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. 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 trans-
ferred, 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 per-
mit to operate the business of pawnbroking here-
tofore 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 oper-
ate 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, para-
graph, 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 de-
clares 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, sub-
divisions, paragraphs, sentences, clauses or
phrases be declared unconstitutional or invalid
or ineffective. (Added by Ord. 299-72, App. 10/19/
72)

SEC. 2825. MORATORIUM ON THE
GRANTING OF PERMITS IN THE
MISSION AND INGLESIDE POLICE
DISTRICTS.

Notwithstanding any provision of this Code,
the Chief of Police shall not grant or issue to any
person a permit to operate or to cause or permit
to be operated any pawnbroking business in the
Mission and Ingleside Police Districts.

1. Mission Police District Defined. Com-
mencing at the point of intersection of the center
line of Duboce Avenue and the center line of
Steiner Street; thence easterly along the center
line of Duboce Avenue to the center line of 13th
Street; thence southeasterly along the center
line of 13th Street to Division Street; thence
easterly along the center line of Division Street
to the center line of Potrero Avenue; thence
southerly along the center line of Potrero Avenue
to the center line of 18th Street; thence easterly

Sec. 2825.

San Francisco - Police Code

1016

along the center line of 18th Street to the west
line of the James Lick Memorial Freeway; thence
southerly along the west line of the James Lick
Memorial Freeway to the center line of Army
Street; thence westerly along the center line of
Army Street to the center line of Douglass Street;
thence south along the center line of Douglass
Street to the center line of 27th Street; thence
along the center line of 27th Street, and its
prolongation along Safira Lane to the center line
of Diamond Heights Boulevard; thence westerly
along the center line of Diamond Heights Boule-
vard to the center line of Portola Drive; thence
southwesterly along the center line of Portola
Drive to the center line of Twin Peaks Boulevard;
thence northwesterly along the center line of
Twin Peaks Boulevard to the center line of Clay-
ton Street; thence northwest along the center
line of Clayton Street to the center line of 17th
Street; thence east along the center line of 17th
Street to the center line of Roosevelt Way; thence
northeast along the center line of Roosevelt Way
to the center line of Loma Vista Terrace; thence
northeast along the center line of Loma Vista
Terrace to the center line of Upper Terrace;
thence northeasterly along the center line of
Upper Terrace to the center line of Buena Vista
East; thence northeast along the center line of
Buena Vista East to the center line of Duboce
Avenue; thence east along the center line of
Duboce Avenue to the center line of Steiner
Street to the point of commencement.

2. Ingleside District Defined. Commenc-
ing at a point where the center line of Alabama
Street intersects the center line of Army Street;
thence westerly along the center line of Army
Street to the center line of Portola Drive; thence
westerly along the center line of Portola Drive to
the center line of Junipero Serra Boulevard;
thence southerly along the center line of Juni-
pero Serra Boulevard to the San Mateo County
Line; thence easterly along the San Mateo County
Line to the center line of Geneva Avenue; thence
westerly along the center line of Geneva Avenue
to the most easterly boundary of the Crocker-
Amazon Playground; thence northerly along the
Crocker-Amazon boundary to the center line of
La Grande Avenue; thence northerly along the

center line of La Grande Avenue to the center
line of Persia Avenue; thence easterly along the
center line of Persia Avenue to the intersection
with the center line of Brazil Avenue; thence
westerly along the center line of Brazil Avenue to
the center line of La Grande Avenue; thence
northerly along the center line of La Grande
Avenue to the center line of Burrows Street;
thence easterly along the center line of Burrows
Street to the center line of Harvard Street;
thence southerly along the center line of Har-
vard Street to the center line of Bacon Street;
thence easterly along the center line of Bacon
Street to the center line of Oxford Street; thence
southerly along the center line of Oxford Street
to the center line of Wayland Street; thence
easterly along the center line of Wayland Street
to the center line of Cambridge Street; thence
northerly along the center line of Cambridge
Street to the center line of Silver Avenue; thence
easterly along the center line of Silver Avenue to
the center line of Bowdoin Street; thence north-
erly along the center line of Bowdoin Street to
the center line of Alemany Boulevard; thence
northeasterly along the center line of Alemany
Boulevard to the west boundary of the James
Lick Memorial Freeway; thence northeasterly
along the west boundary of the Freeway to the
center line of Army Street; thence westerly along
the center line of Army Street to the center line
of Alabama Street to the point of commence-
ment.

3. Sunset Provision. The moratorium pro-
vided by this ordinance shall expire January 15,
2001. (Added by Ord. 66-91, App. 2/28/91; amended
by Ord. 65-96, App. 2/9/96)

[The next page is 1031]

ARTICLE 29: REGULATION OF NOISE

Sec. 2900.
Sec. 2901.

2901.1.

2901.2.

2901.3.
Sec. 2901.4.
Sec. 2901.5.

2901.6.

2901.7.
Sec. 2901.8.
Sec. 2901.9.

2901.10.

2901.11.

Sec.
Sec.
Sec.

Sec.
Sec.

Sec. 2901.12.

Sec. 2901.13.

Sec. 2901.14.

Sec. 2902.

Sec. 2903.

Sec. 2904.

Sec. 2905.

Sec. 2906.

Sec. 2907.

Sec. 2908.

Sec. 2909.

Sec. 2910.

Sec. 2911.

Sec. 2912.
Sec. 2913.
Sec. 2914.
Sec. 2915.

Declaration of Policy.

Definitions.

Sound Level (Noise Level).

Ambient Noise.

Decibel.

Nonstationary Sources.

Fixed Source.

Emergency Work.

Person.

Motor Vehicles.

Commercial Purpose.

Noncommercial Purpose.

Unnecessary, Excessive, or

Offensive Noise.

Powered Construction

Equipment.

Powered Model Vehicles.

Zoning Districts.

Noise Level Measurement.

Schools, Hospitals, and

Churches.

Waste Disposal Services.
Vehicles and Nonstationary
Source Repairs.
Motor Vehicles, Off-Highway
Use.

Construction Equipment.
Construction Work at Night.
Fixed Source Noise Level.
Variance Board; Establishment;
Functions; Standards;
Procedures.
Appointment; Term;
Compensation; Chairman;
Rules; Ex-officio Members.
Alternate Members; Meetings.
Application; Filing Fees.
Powered Model Vehicles.
General Noise Regulations.

Sec. 2916. Enforcement.

Sec. 2917. Violations; Misdemeanors.

Sec. 2918. Severability.

SEC. 2900. DECLARATION OF POLICY.

It is hereby declared to be the policy of the
City and County to prohibit unnecessary, exces-
sive and offensive noises from all sources subject
to its police power. Above certain levels noise is
detrimental to the health and welfare of the
citizenry and in the public interest shall be
systematically proscribed. (Added by Ord. 274-
72, App. 9/20/72)

SEC. 2901. DEFINITIONS.

As used in this Article, unless the context
otherwise clearly indicates, the words and phrases
set forth in Sections 2901.1 through 2901.14
inclusive, hereof, shall have the meaning respec-
tively ascribed to them in said sections. (Amended
by Ord. 309-73, App. 8/10/73)

SEC. 2901.1.
LEVEL).

SOUND LEVEL (NOISE

Sound level (noise level) in decibels is the
level measured on the A-weighted scale as de-
fined in the American National Standard S-1.4-
1971. (Added by Ord. 309-73, App. 8/10/73)

SEC. 2901.2. AMBIENT NOISE.

Ambient noise is the all-encompassing noise
associated with a given environment, being a
composite of sounds from many sources, near
and far. For the purpose of this Code, ambient
noise level is the average over 15 minutes exclud-
ing random or intermittent noises and the al-
leged offensive noise at the location and time of
day at which a comparison with an alleged
offensive noise is to be made.

1031

Sec. 2901.2.

San Francisco - Police Code

1032

Averaging may be done by instrumental analy-
sis in accordance with American National Stan-
dard S. 13-1971, or may be done manually as
follows:

(1) Observe a sound level meter for five
seconds and record the best estimate of central
tendency of the indicator needle, and the highest
and lowest indications.

(2) Repeat the observations as many times
as necessary to provide that observations be
made at the beginning and at the end of the 15
minute averaging period and that there shall be
at least as many additional observations as there
are decibels between the lowest low indication
and the highest high indication.

(3) Calculate the arithmetical average of
the observed central tendency indications. (Added
by Ord. 309-73, App. 8/10/73)

SEC. 2901.3. DECIBEL.

The decibel is a unit of measure of sound
(noise) level relative to a standard reference
sound on a logarithmic scale. The decibel level of
a given sound is determined as 20 times the
logarithm to the base 10 of the ratio of the
pressure in micronewtons per square meter of
the sound being measured to the standard refer-
ence sound pressure of 20 micronewtons per
square meter (0.0002 microbar). (Added by Ord.
309-73, App. 8/10/73)

SEC. 2901.4. NONSTATIONARY
SOURCES.

A machine or device capable of being moved
from place to place for occasional or temporary
use at a given location including, but not limited
to, powered lawn mowers, chain saws, bulldozers
and pile drivers. (Added by Ord. 309-73, App.
8/10/73)

SEC. 2901.5. FIXED SOURCE.

A machine or device capable of creating a
noise level at the property upon which it is
regularly located, including but not limited to:
industrial and commercial process machinery

and equipment, pumps, fans, air-conditioning
apparatus or refrigeration machines. (Added by
Ord. 309-73, App. 8/10/73)

SEC. 2901.6. EMERGENCY WORK.

Emergency work shall mean work made nec-
essary to restore property to a safe condition
following a public calamity or work required to
protect persons or property from an imminent
exposure to danger or work by private or public
utilities when restoring utility service. (Added by
Ord. 309-73, App. 8/10/73)

SEC. 2901.7. PERSON.

Person shall mean a person, firm, associa-
tion, copartnership, joint venture, corporation,
or any entity, public or private in nature. (Added
by Ord. 309-73, App. 8/10/73)

SEC. 2901.8. MOTOR VEHICLES.

Motor vehicles shall include any and all self-
propelled vehicles as defined in California Ve-
hicle Code, including all on-highway type motor
vehicles subject to registration under said Code,
all off-highway type motor vehicles subject to
identification under said Code, and all motor
vehicles exempted under said Code; excepting
on-highway type motor vehicles when transport-
ing any person or property on a public street or
highway as defined in said Code, and all types of
motor vehicles when used in any other manner,
the regulation of which has been preempted by
California State Law. (Added by Ord. 309-73,
App. 8/10/73)

SEC. 2901.9. COMMERCIAL PURPOSE.

Commercial purpose shall mean and include
the use, operation, or maintenance of any sound
amplifying equipment for the purpose of adver-
tising any business, or any goods, or any ser-
vices, or for the purpose of attracting the atten-
tion of the public to, or advertising for, or soliciting
patronage or customers to or for any perfor-
mance, show, entertainment, exhibition, or event,
or for the purpose of demonstrating any such
sound equipment. (Added by Ord. 309-73, App.
8/10/73)

1033

Regulation of Noise

Sec. 2903.

SEC. 2901.10. NONCOMMERCIAL
PURPOSE.

Noncommercial purpose shall mean the use,
operation, or maintenance of any sound equip-
ment for other than a commercial purpose. "Non-
commercial purpose" shall mean and include,
but shall not be limited to, philanthropic, politi-
cal, patriotic, and charitable purposes. (Added by
Ord. 309-73, App. 8/10/73)

SEC. 2901.11. UNNECESSARY,
EXCESSIVE, OR OFFENSIVE NOISE.

Unnecessary, excessive, or offensive noise
shall mean any sound or noise conflicting with
the criteria, standards, or levels set forth in this
Article for permissible noises. In the absence of
specific maximum noise levels, a noise level
which exceeds the ambient noise level by 5 DBA
or more, when measured at the nearest property
line or, in the case of multiple-family residential
buildings, when measured anywhere in one dwell-
ing unit with respect to a noise emanating from
another dwelling unit or from common space in
the same building, shall be deemed a prima facie
violation of this Article. (Added by Ord. 309-73,
App. 8/10/73)

SEC. 2901.12. POWERED
CONSTRUCTION EQUIPMENT.

Any tools, machinery, or equipment used in
connection with construction operations which
can be driven by energy in any form other than
manpower, including all types of motor vehicles
when used in the construction process of any
construction site, regardless of whether such
construction site be located on-highway or off-
highway, and further including all helicopters or
other aircraft when used in the construction
process except as may be preempted for regula-
tion by State or Federal law. (Added by Ord.
309-73, App. 8/10/73)

SEC. 2901.13. POWERED MODEL
VEHICLES.

Airborne, waterborne, or landborne vehicles
of any kind or size which are not designed for
carrying persons or property, and which can be

driven by energy in any form other than man-
power or windpower. (Added by Ord. 309-73,
App. 8/10/73)

SEC. 2901.14. ZONING DISTRICTS.

Zoning Districts shall be as defined and de-
scribed in Part II, Chapter II of the San Fran-
cisco Municipal Code (City Planning Code). (Added
by Ord. 309-73, App. 8/10/73)

SEC. 2902. NOISE LEVEL
MEASUREMENT.

For the purpose of enforcement of the provi-
sions of this Article, noise level shall be mea-
sured on the A-weighted scale with a sound level
meter satisfying at least the applicable require-
ments for Type 1 sound-level-meters as defined
in American National Standard S 1.4- 1971 or the
most recent revisions thereof. The meter shall be
set for slow response speed, except that for
impulse noises or rapidly varying sound levels,
fast response speed may be used. Prior to each
measurement, the meter shall be verified, and
adjusted to ±0.3 decibel by means of an acousti-
cal calibrator.

For outside measurements the microphone
shall be not less than four feet above the ground,
at least four and one-half feet distant from walls
or similar large reflecting surfaces, and shall be
protected from the effects of wind noises and
other extraneous sounds by the use of screens,
shields or other appropriate devices; for inside
measurements, the microphone shall be at least
three feet distant from any wall, and the average
measurement of at least three microphone posi-
tions throughout the room shall be determined.
(Added by Ord. 274-72, App. 9/20/72)

SEC. 2903. SCHOOLS, HOSPITALS, AND
CHURCHES.

It shall be unlawful for any person to create
any unnecessary, excessive or offensive noise on
any street, sidewalk, or public place adjacent to
any school, institution of learning, or church
while any of the same is in use, or adjacent to
any hospital at any time, provided conspicuous
signs are displayed in such streets, sidewalk or

Sec. 2903.

San Francisco - Police Code

1034

public place indicating the presence of a school,
institution of learning, church or hospital. (Added
by Ord. 274-72, App. 9/20/72)

SEC. 2904. WASTE DISPOSAL
SERVICES.

It shall be unlawful for any person autho-
rized to engage in waste disposal service or
garbage collection to provide such services so as
to create an unnecessary amount of noise, in the
judgment of the Director of Public Health or his
authorized representative. For the purpose of
this Section or Section 2915 noise emitted by
equipment shall not be deemed unnecessary or
without justification if the person engaged in
such services has to the extent reasonably fea-
sible in the judgment of the Director, incorpo-
rated available sound-deadening devices into
equipment used in rendering those services.

Notwithstanding the foregoing, it shall be
unlawful for any person authorized to engage in
waste disposal service, or garbage collection to
operate any truck-mounted waste or garbage
loading and/or compacting equipment or similar
mechanical device in any manner so as to create
any noise exceeding the following levels when
measured at a distance of 50 feet from the
equipment:

(a) On and after a date six months after the
effective date of this Article 80 DBA

(b) On and after a date 66 months after the
effective date of this Article 75 DBA

unless said person has filed an Application for
Variance in accordance with the provisions of
this Article. (Added by Ord. 274-72, App. 9/20/72)

SEC. 2905. VEHICLE AND
NONSTATIONARY SOURCE REPAIRS.

It shall be unlawful for any person within
any residential area of the City and County to
repair, rebuild, or test any motor vehicle or
nonstationary source in such a manner as to
cause unnecessary, excessive or offensive noise.
(Added by Ord. 274-72, App. 9/20/72)

SEC. 2906. MOTOR VEHICLES,
OFF-HIGHWAY USE.

Except as otherwise provided for in this Ar-
ticle, it shall be unlawful to operate any motor
vehicle of any type on any site not located on a
public street or highway as defined in the Cali-
fornia Vehicle Code, in any manner so as to emit
noise in excess of the following levels:

(a) In Zoning Districts P, when measured at
a distance of 50 from the vehicle:

(1) Any type of motor vehicle with a
manufacturer's gross vehicle weight rating of
6,000 pounds or more, and any combination of
vehicle, as defined in the California Vehicle
Code 82 DBA.

(2) Any motorcycle other than a motor-
driven cycle, as defined in the California Vehicle
Code 77 DBA.

(3) Any other on-highway type motor ve-
hicle except motor-driven cycles, as defined in
the California Vehicle Code, and any
combination of vehicles towed by such motor
vehicles 74 DBA.

(4) Any off-highway type motor vehicle with
a manufacturer's gross vehicle weight rating of
less than 6,000 pounds; and any motor-driven
cycle, all as defined in the California Vehicle
Code, and any other motor vehicle which may be
exempt from said Code. 70 DBA.

Nothing in this Section shall apply to autho-
rized emergency vehicles when being used in
emergency situations. (Added by Ord. 274-72,
App. 9/20/72)

SEC. 2907. CONSTRUCTION
EQUIPMENT.

(a) Except as provided for in Subsections
(c), (d) and (e) hereof, on and after a date six
months after the effective date of this Article, it
shall be unlawful for any person, including the
City and County of San Francisco, to operate any
powered construction equipment, regardless of
age or date of acquisition, if the operation of such
equipment emits noise at a level in excess of 85
DBA when measured at a distance of 100 feet
from such equipment, or an equivalent sound
level at some other convenient distance.

1035

Regulation of Noise

Sec. 2908.

(b) Except as provided for in Subsections
(c), (d) and (e) hereof, on and after a date forty-
two months after the effective date of this Ar-
ticle, it shall be unlawful for any person, includ-
ing the City and County of San Francisco, to
operate any powered construction equipment,
regardless of age or date of acquisition, if the
operation of such equipment emits noise at a
level in excess of 80 dBA when measured at a
distance of 100 feet from such equipment, or an
equivalent sound level at some other convenient
distance.

(c) The provisions of Subsections (a) and (b)
of this Section shall not be applicable to impact
tools and equipment, provided that on and after
a date six months after the effective date of this
Article, such impact tools and equipment shall
have intake and exhaust mufflers recommended
by the manufacturers thereof and approved by
the Director of Public Works as best accomplish-
ing maximum noise attenuation, and that pave-
ment breakers and jackhammers shall also be
equipped with acoustically attenuating shields
or shrouds recommended by the manufacturers
thereof and approved by the Director of Public
Works as best accomplishing maximum noise
attenuation. In the absence of manufacturer's
recommendations, the Director of Public Works
may prescribe such means of accomplishing maxi-
mum noise attenuation as he deems to be in the
public interest.

(d) The provisions of Subsections (a) and (b)
of this Section shall not be applicable to construc-
tion equipment used in connection with emer-
gency work.

(e) For the period ending 24 months after
the effective date of this Article, any helicopter or
other aircraft used in the construction process
may exceed the noise limits set forth in Subsec-
tions (a) and (b) hereof; provided, however, that
any such equipment shall not be used for more
than two hours in any single day or more than
four hours in any single week, and provided,
further, that such equipment shall not be used at
any time within 600 feet of any hospital or
within 600 feet of any school or other educational
institution while the same is being used for

school purposes or within 600 feet of any church
while the same is being used for religious pur-
poses.

On and after a date 24 months after the
effective date of this Article, it shall be unlawful
for any person, including the City and County of
San Francisco, to operate a helicopter or other
aircraft in the construction process, regardless of
age or date of acquisition, if the operation of such
equipment emits noise at a level in excess of 85
dBA when measured at a distance of 100 feet
from such equipment, or an equivalent sound
level at some other convenient distance. (Amended
by Ord. 309-73, App. 8/10/73)

SEC. 2908. CONSTRUCTION WORK AT
NIGHT.

It shall be unlawful for any person, between
the hours of 8:00 p.m. of any day and 7:00 a.m. of
the following day to erect, construct, demolish,
excavate for, alter or repair any building or
structure if the noise level created thereby is in
excess of the ambient noise level by 5 dBA at the
nearest property line, unless a special permit
therefor has been applied for and granted by the
Director of Public Works. In granting such spe-
cial permit the Director of Public Works shall
consider if construction noise in the vicinity of
the proposed work site would be less objection-
able at night than during daytime because of
different population levels or different neighbor-
ing activities, if obstruction and interference
with traffic, particularly on streets of major
importance, would be less objectionable at night
than during daytime, if the kind of work to be
performed emits noises at such a low level as to
not cause significant disturbance in the vicinity
of the work site, if the neighborhood of the
proposed work site is primarily residential in
character wherein sleep could be disturbed, if
great economic hardship would occur if the work
were spread over a longer time, if the work will
abate or prevent hazard to life or property, if the
proposed night work is in the general public
interest; and he shall prescribe such conditions,
working times, types of construction equipment
to be used, and permissible noise emissions, as
he deems to be required in the public interest.

Sec. 2908.

San Francisco - Police Code

1036

The provisions of this Section shall not be
applicable to emergency work provided that the
Director of Public Works shall be notified of such
emergency work forthwith. (Added by Ord. 274-
72, App. 9/20/72)

SEC. 2909. FIXED SOURCE NOISE
LEVEL.

(a) Except as provided for in subsection (b)
hereof, in Zoning Districts R-l-D, R-l, R-2, R-3,
R-3.5, R-4, R-5, R-3-C, R-3.5-C, R-4-C and R-5-C,
on and after a date six months after the effective
date of this article, in Zoning Districts C-l, C-2,
C-3-0, C-3-R, C-3-G, C-3-S, and C-M, on and
after a date twelve months after the effective
date of this Article, and in Zoning Districts M-l
and M-2, on and after a date twenty-four months
after the effective date of this Article, it shall be
unlawful for any person to operate any fixed
machinery or equipment, or similar mechanical
device in any manner so as to create any noise
which would cause the noise level measured at
the property line of the property affected by noise
emission. Noise limits shall not exceed the fol-
lowing:

Sound
Zoning District Time Period Level — dBA

R-l-D, R-l

) 10 P.M.— 7 A.M.

R-2

) 7 A.M.— 10 P.M.

R-3, R-3.5, R-4

) 10 P.M.— 7 AM.

R-5, R-3-C, R-3.5-C

) 7 AM.— 10 P.M.

R-4-C, R-5-C

C-l, C-2, C-3-0 ;

10 P.M.— 7 AM.

C-3-R, C-3-G

» 7 A.M.— 10 P.M.

M-l

Anytime

M-2

Anytime

unless said person has filed an Application for
Variance in accordance with the provisions of
this Article.

If the measurement location is on a boundary
between two Zoning Districts, the lower sound
level shall apply.

On a boundary between a Zoning District
wherein C-l or C-2 uses are permitted and a

Residential Zoning District, or on any property
line in a residential zoning district, wherein C-l
or C-2 uses are permitted, if the fixed source
noise is emitted by refrigeration and ancillary
equipment existing on the effective date of this
Article in a retail business establishment, for a
period of 24 months after the effective date of
this Article the noise level caused by such equip-
ment may exceed the levels set forth herein for
the Residential Zoning District, but may not
exceed 70 dBA at any hour of the day or night;
provided, that no such fixed source may cause
the noise level measured inside any sleeping or
living room in any dwelling unit in any Zoning
District to exceed 45 dBA between the hours of
10:00 p.m. to 7:00 a.m., nor 55 dBA between the
hours of 10:00 p.m. to 7:00 a.m., nor 55 dBA
between the hours of 7:00 a.m. to 10:00 p.m.

(b) The provisions of Subsection (a) of this
Section shall not be applicable to any emergency
signaling devices required by law; nor to any
standby equipment operated only in emergency
situations, provided that such standby equip-
ment shall not emit noise at a level in excess of
75 dBA when measured at the property line of
the property whereon it is located. (Added by
Ord. 274-72, App. 9/20/72)

SEC. 2910. VARIANCE BOARD;
ESTABLISHMENT; FUNCTIONS;
STANDARDS; PROCEDURES.

There is hereby created a Variance Board
consisting of five members; one shall be qualified
by training and experience in the field of acous-
tics or acoustical engineering; one shall be quali-
fied by training, experience, and registration in
the field of mechanical engineering; one shall be
qualified by training, experience, and licensing
in the field of architecture or civil engineering;
one shall be a physician qualified in the field of
physiological effects of noise; and one shall be a
qualified audiometrist. Its functions shall be to
evaluate all applications for variance from the
requirements of this Article with respect to noises
emitted from truck-mounted waste or garbage
loading and/or compacting equipment, and from
fixed sources, and to grant said variances with
respect to time for compliance, subject to such

1037

Regulation of Noise

Sec. 2913.

terms, conditions and requirements as it may
deem reasonable to achieving compliance with
the provisions of this Article. Each such variance
shall set forth in detail the approved method of
achieving compliance and a time schedule for its
accomplishment. In determining the reasonable-
ness of the terms of any proposed variance, said
Board shall consider the magnitude of nuisance
caused by the offensive noise, the uses of prop-
erty within the area of impingement by the
noise, the time factors related to study, design,
financing and construction of remedial work, the
economic factors related to age and useful life of
equipment, and the general public interest and
welfare. Any variance granted by said Board
shall be by resolution and shall be transmitted to
the Director of Public Health for enforcement.
(Added by Ord. 274-72, App. 9/20/72)

SEC. 2911. APPOINTMENT^ TERM;
COMPENSATION; CHAIRMAN; RULES;
EX-OFFICIO MEMBERS.

Members of the Variance Board shall be
appointed by the Director of Public Health, sub-
ject to approval of the Chief Administrative Of-
ficer, and shall serve at the pleasure of the
Director of Public Health for a term not in excess
of five years. Members shall be compensated
from filing fees as provided for in Section 2913
hereof, and said compensation shall be at the
rate of 50 per half-day or fraction thereof per
member for each meeting attended. The Vari-
ance Board shall elect a Chairman from among
its members, who shall serve for a term of one
year. Said Board shall adopt reasonable rules
and regulations for its own procedures in carry-
ing out its functions under the provisions of this
Article.

The Chief of the Bureau of Environmental
Health, Department of Public Health, shall be an
ex-officio member of the Variance Board, to serve
without vote or compensation and shall act as
Secretary of said Board. (Added by Ord. 274-72,
App. 9/20/72)

SEC. 2912. ALTERNATE MEMBERS;
MEETINGS.

In the event a member of the Variance Board,
for any valid reason, is unable to attend meet-

ings or discharge his duties as a member of said
Board for a period in excess of 60 consecutive
days, the Director of Public Health may, with the
approval of the Chief Administrative Officer,
appoint another similarly qualified person as
alternate member to serve in his place until such
time as the permanent member can resume
active participation in the work of said Board.
Such alternate member shall, during the time he
serves on said Board, have all the rights, duties
and privileges, and he shall be compensated, all
as provided herein for the permanent member in
whose place he is serving. Meetings of the Vari-
ance Board shall be held at the call of the
Secretary and at such times and locations as said
Board shall determine. All such meetings shall
be open to the public. (Added by Ord. 274-72,
App. 9/20/72)

SEC. 2913. APPLICATION; FILING
FEES.

The owner or operator of a truck-mounted
waste or garbage loading and/or compacting equip-
ment item or a fixed source which emits noise
exceeding the limits set forth in Section 2904
and in Section 2909 hereof may file an applica-
tion with the Director of Public Health for a
variance wherein said owner or operator shall
set forth all actions taken to comply with said
limits, the reasons why immediate compliance
cannot be achieved, a proposed method of achiev-
ing compliance, and a proposed time schedule for
its accomplishment. Said application shall be
accompanied by a fee in the amount of $75;
provided, however, that in the event that consid-
eration and action by the Variance Board on an
Application for Variance shall require time in
excess of one hour, the application fee shall be
increased by $100 for each hour or fraction
thereof of additional time. A separate application
shall be filed for each additional item or fixed
source; provided, however, that several truck-
mounted waste or garbage loading and/or com-
pacting equipment items under common owner-
ship or several fixed sources on a single property
having identical noise problems may be com-
bined into one application upon receipt of said
application and fee, the Director of Public Health

Sec. 2913.

San Francisco - Police Code

1038

shall refer it to the Variance Board for action
thereon in accordance with the provisions of this
Article (Added by Ord. 274-72, App. 9/20/72)

SEC. 2914. POWERED MODEL
VEHICLES.

It shall be unlawful for any person to operate
any powered model vehicle in any manner so as
to emit noise in excess of the following levels:

(a) In Zoning Districts P and in street and
highway rights-of-way when measured at a dis-
tance of 50 feet from the vehicle.

(1) On and after a date six months after the
effective date of this Article 85 dBA

(2) On and after a date 42 months after the
effective date of this Article 80 dBA.

(b) In other Zoning Districts, on and after a
date six months after the effective date of this
Article, when measured at the nearest property
line of the property whereon the powered model
vehicle is located:

Zoning District

Time Period

Sound
Level— dBA

R-l-D, R-l 10 P.M.— 7 A.M. 50

R-2 7 AM.— 10 P.M. 55

R-3, R-3.5, R-4 10 P.M.— 7 A.M. 55

R-5, R-3-C, R-3.5-C 7 A.M.— 10 P.M. 60

R-4-C, R-5-C

C-l, C-2, C-3-0 10 P.M.— 7 AM. 60

C-3-R, C-3-G 7 A.M.— 10 P.M. 70

C-3-SR, C-M

M-l Anytime 70

M-2 Anytime 75

If the measurement location is on a boundary
between two zoning districts the lower sound
level shall apply (Added by Ord. 274-72, App.
9/20/72)

SEC. 2915. GENERAL NOISE
REGULATIONS.

Notwithstanding any other provision of this
Article, and in addition thereto, it shall be un-
lawful for any person without justification to
make or continue, or cause or permit to be made
or continued, any unnecessary, excessive, or of-
fensive noise, as defined in Section 2901.11, and
including vocal or instrumental music and re-
lated sounds, whether live or reproduced me-

chanically by radio, television, stereo or other-
wise, and which disturbs the peace or quiet of
any neighborhood or which causes discomfort or
annoyance of any reasonable person of normal
sensitivity residing or working in the area.

The criteria which shall be considered in
determining whether a violation of the provi-
sions of this Section exist shall include, but not
be limited to, the following:

(a) The volume of the noise, music or re-
lated sound;

(b) The intensity of the noise, music or
related sound;

(d) Whether the nature of the noise is usual
or unusual for the area in which it occurs;

(e) Whether the origin of the noise, music or
related sound is natural or unnatural to the area
in which it occurs;

(f) The volume and intensity of the back-
ground noise or sound, if any;

(g) The proximity of the noise, music or
related sound to residential sleeping facilities;

(h) The proximity to offices, places of busi-
ness or other areas where work is known to be
carried on of the noise, music or related sound;

(i) The nature and zoning of the area within
which the noise, music or related sound ema-
nates;

(j) The density of the inhabitation of the
area within which the noise, music or related
sound emanates;

(k) The time of day or night the noise, music
or related sound occurs, and the relationship of
the time to the normal activities of the area in
which it occurs;

(1) The duration of the noise, music or re-
lated sound;

(m) Whether the noise, music or related
sound is recurrent, intermittent, or constant;

(n) Whether the noise, music or related
sound is produced by a commercial or a noncom-
mercial activity. (Amended by Ord. 274-73, App.
7/13/73)

1039 Regulation of Noise Sec. 2918.

SEC. 2916. ENFORCEMENT.

The provisions of Section 2904 and Sections
2909 through 2913, inclusive of this Article shall
be enforced by the Director of Public Health.

The provisions of Sections 2907 and 2908 of
this Article shall be enforced by the Superinten-
dent of Building Inspection, Department of Pub-
lic Works, insofar as said provisions relate to
construction operations conducted on private prop-
erty under appropriate permits issued pursuant
to the Building Code, Housing Code, Electrical
Code and Plumbing Code, the provisions of said
section shall be enforced by the Bureau of Engi-
neering, Department of Public Works, insofar as
said provisions relate to construction operations
conducted on publicly owned property subject to
the police power of the City and County of San
Francisco.

Except as set forth hereinabove, the provi-
sions of this Article shall be enforced by the Chief
of Police. (Added by Ord. 274-72, App. 9/20/72)

SEC. 2917. VIOLATIONS;
MISDEMEANORS.

Any person violating any of the provisions of
this Article shall be deemed guilty of a misde-
meanor and upon conviction thereof, shall be
fined in an amount not exceeding $500 or be
imprisoned in the County Jail for a period not
exceeding six months, or by both such fine and
imprisonment. Each day such violation is com-
mitted or permitted to continue shall constitute
a separate offense and shall be punishable as
such. (Added by Ord. 274-72, App. 9/20/72)

SEC. 2918. SEVERABILITY.

If any provision, clause, sentence, or para-
graph of this Article, or the application thereof to
any person or circumstances, shall be held in-
valid, such invalidity shall not affect the other
provisions or application of the provisions of this
Article which can be given effect without the
invalid provisions or application and, to this end,
the provisions of this Article are hereby declared
to be severable. (Added by Ord. 274-72, App.
9/20/72)

Sec. 2918. San Francisco - Police Code 1040

[The next page is 1051]

ARTICLE 30: PERMITS FOR TOW CAR DRIVERS

Sec. 3000. Permit Required.

Sec. 3001. Tow Car; Definition.

Sec. 3002. Application for Permit.

Sec. 3003. Application Fee.

Sec. 3004. Investigation, Hearing and

Issuance of Permit.

Sec. 3005. Interim Permit.

Sec. 3006. Permit; Contents.

Sec. 3007. Permit; in Possession of Driver.

Sec. 3008. Permit Expiration.

Sec. 3011. Permit; Revocation.

Sec. 3012. Violation; Misdemeanor.

Sec. 3013. Severability.

SEC. 3000. PERMIT REQUIRED.

No person shall drive or operate a tow car
within the City and County of San Francisco
without first obtaining a permit from the Chief of
Police hereinafter provided. (Added by Ord. 16-
73, App. 1/5/73)

SEC. 3001. TOW CAR; DEFINITION.

As used in this Article, the term "tow car" is
defined as that term is defined in the Vehicle
Code of the State of California. (Added by Ord.
16-73, App. 1/5/73)

SEC. 3002. APPLICATION FOR PERMIT.

Application for permit hereunder shall be
made upon blank forms prepared and made
available by the Chief of Police, and shall state:

(1) Name and residence address of appli-
cant;

(2) Applicant's height, weight, eye color, hair
color and date of birth;

(3) Name and address of applicant's em-
ployer;

(4) California license number, class and re-
strictions appearing on the applicant's driver's
license;

(5) All criminal offenses for which applicant
has been arrested including nature of offense,
and place and date of arrests;

(6) Such other information as the Chief of
Police shall find reasonably necessary to effectu-
ate the purpose of this ordinance and to arrive at
a fair determination as to whether the terms of
the ordinance have been complied with. (Added
by Ord. 16-73, App. 1/5/73)

SEC. 3003. APPLICATION FEE.

An application shall be accompanied by:

(a) Fingerprinting fee, in the amount speci-
fied in Section 8.23 of the San Francisco Admin-
istrative Code to cover the cost of fingerprinting,
classifying and searching of the records;

(b) A complete set of applicant's finger-
prints to be taken by the Police Department;

(c) Two front view clear and legible photo-
graphs, approximately 2" x 2", taken within one
month of application, to be furnished by appli-
cant;

(d) Letter of request from the employer writ-
ten on the employer's business letterhead and
stating an intent to employ the applicant;

(e) The filing fee. (Amended by Ord. 555-81,
App. 11/12/81)

SEC. 3004. INVESTIGATION, HEARING
AND ISSUANCE OF PERMIT.

The Chief of Police shall, upon receipt of an
original or renewal application, make an inves-
tigation without unnecessary delay, hear the
application and grant such application unless he
finds that the applicant:

(a) Within four years prior to the date of
application, has been convicted of burglary, rob-
bery, theft, receipt of stolen property, breaking or
removing parts from a vehicle, malicious mis-
chief to a vehicle; unlawful use or tampering by
bailee of a vehicle, or altering a vehicle identifi-
cation number; or

1051

Sec. 3004.

San Francisco - Police Code

1052

(b) Within four years prior to the date of
application, has acted in violation of the criminal
statutes referred to in Subsection (a) above; or

SEC. 3005. INTERIM PERMIT.

During the period between filing of the appli-
cation and the hearing, the Chief may issue an
interim permit if preliminary investigation dis-
closes no fact which would disqualify applicant
under the provisions of Section 3004 of this
Article. In the event that after the aforemen-
tioned "Interim Permit" has been issued by the
Chief of Police, any fact is discovered which
would disqualify the applicant under the provi-
sions of Section 3004 of this Article the Chief
may suspend said "Interim Permit." (Added by
Ord. 16-73, App. 1/5/73)

SEC. 3006. PERMIT; CONTENTS.

The permit shall contain:

(a) Name and residence address of permit-
tee;

(b) Name and address of permittee's em-
ployer;

(d) A copy of the photograph required in
Section 3003, except that upon renewal of per-
mit, if the picture on the permit last expired has
been taken more than two years prior to re-
newal, a new photograph not more than one
month old shall be submitted to the Police De-
partment and affixed to the renewed permit.
(Added by Ord. 16-73, App. 1/5/73)

SEC. 3007. PERMIT^ IN POSSESSION OF
DRIVER.

Each permittee shall have the permit re-
quired by this Article in his immediate posses-
sion at all times while driving or operating a tow
car and shall exhibit such permit on demand of
any peace officer. (Added by Ord. 16-73, App.
1/5/73)

SEC. 3008. PERMIT EXPIRATION.

The permit shall expire one year from the
date of issuance and shall be renewable thereaf-
ter upon an annual basis upon the filing with the
Tax Collector of a statement by the permittee
providing his or her current address and current
employer and upon payment of the annual li-
cense fee. Beginning January 1, 1982, permits
shall be renewable upon payment of the annual
license fee on a calendar year basis, that is, upon
the first day of January of each calendar year.
The transition from renewal on an annual basis
to renewal on a calendar year basis shall be
accompanied as follows. When the renewal date
for a permit arises in 1982, the permittee shall
pay a license fee prorated to the length of time
remaining in calendar year 1982 on a monthly
basis. All permits shall then be renewable, on a
calendar year basis, as of January 1, 1983.
(Amended by Ord. 555-81, App. 11/12/81)

SEC. 3011. PERMIT; REVOCATION.

The Chief of Police shall revoke a permit
issued hereunder if after a hearing on the matter
he finds that grounds exist which would have
constituted just cause for refusal to issue such
permit. Written notice of the revocation hearing,
setting forth the time and place of hearing and a
brief statement of the reason for the proposed
revocation, shall be served on or mailed to the
permittee at his residence or place of business as
listed on his permit application. (Added by Ord.
16-73, App. 1/5/73)

SEC. 3012. VIOLATION;
MISDEMEANOR.

Violation of Sections 3000 or 3007 herein
shall be a misdemeanor, punishable by a fine not
to exceed $500, or by imprisonment in the County
Jail for a term of not more than six months, or
both such fine and such imprisonment. (Added
by Ord. 16-73, App. 1/5/73)

SEC. 3013. SEVERABILITY.

If any section, subsection, subdivision, para-
graph, 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

1053 Permits for Tow Car Drivers Sec. 3013.

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 de-
clares 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, sub-
divisions, paragraphs, sentences, clauses or
phrases be declared unconstitutional or invalid
or ineffective. (Added by Ord. 16-73, App. 1/5/73)

Sec. 3013. San Francisco - Police Code 1054

[The next page is 1063]

ARTICLE 30.1: PERMITS FOR TOW CAR FIRMS

Sec. 3050. Permit Required.

Sec. 3051. Definitions.

Sec. 3052. Application for Permit.

Sec. 3053. Application Fees.

Sec. 3054. Investigation, Hearing and

Issuance of Permit.
Sec. 3055. Display of Permit.
Sec. 3055.1. Applicability to Existing Tow

Car Firms; Time Limit for

Filing Application.
Sec. 3056. Grounds for Suspension or

Revocation of Permit.

Sec. 3057. Removal of Vehicles from

Private Property.
Sec. 3058. Submission of Proof of

Insurance and Other

Information.
Sec. 3059. Inspection of Vehicles.
Sec. 3060. Business Records.
Sec. 3061. Chief of Police Authority to

Issue Rules and Regulations.
Sec. 3062. Permit Expiration.
Sec. 3063. Hearing on Permit Suspension

or Revocation.
Sec. 3064. Violation: Misdemeanor.
Sec. 3065. Severability.
SEC. 3050. PERMIT REQUIRED.

No person shall engage in or conduct busi-
ness as a tow car firm within the City and
County of San Francisco without first obtaining
a permit from the Chief of Police as hereinafter
provided. This Section will become effective when
the Board of Supervisors approves a fee schedule
for issuance of tow car firm permits. (Added by
Ord. 21-97, App. 1/24/97)

SEC. 3051. DEFINITIONS.

For the purpose of this Article, the following
words and phrases shall mean and include:
(1) Tow Car Firm or Towing Firm. Any

person, firm, partnership, association, corpora-
tion, or any other group or combination acting as

a unit, excepting the United States, the State of
California, and any political subdivision of either
thereof, engaged in the business of transporting,
removing, or storage of motor vehicles, including
the owner/operator of any tow car as herein
defined.

(2) Tow Car. A motor vehicle which has
been altered or designed and equipped for, and
exclusively used in, the business of towing ve-
hicles by means of a crane, hoist, tow bar, tow
lines, or dolly, or is otherwise exclusively used to
render assistance to other vehicles, and as de-
fined in Section 615 of the California Vehicle
Code.

(3) Applicant. If a sole proprietorship, any
person. If a partnership, at least two of the
partners. If a corporation, at least two corporate
officers. (Added by Ord. 21-97, App. 1/24/97)

SEC. 3052. APPLICATION FOR PERMIT.

Application for a permit hereunder shall be
made upon blank forms prepared and made
available by the Chief of Police, or his designee,
and shall state the following:

(1) The name, signature, residence, tele-
phone number, social security number and State
of California driver's license number of the ap-
plicant. Post office box numbers are not accept-
able;

(2) The business's name, business address
and telephone number;

(3) The make, year, model, color, license
number, registered owner, and legal owner, of
every tow car that will be operated by the tow car
firm;

(4) A description of the applicant's business
plan, and proposed services to be provided, in-
cluding, but not limited to, days and hours of
operation, all storage locations of towed vehicles,
and a system for handling complaints that is
acceptable to the Chief of Police;

1063

Sec. 3052.

San Francisco - Police Code

1064

(5) The name and permit number of all
employees who shall operate a tow car for
applicant's business;

(6) Evidence of insurance at least equal to
the minimum established in the Chief of Police
rules;

(7) A record of all crimes of which the appli-
cant has been convicted, plead guilty, or plead no
contest;

(8) If a partnership, or a corporation, a list
of all stockholders holding more than 10 percent,
including their names, addresses, dates of birth,
and social security numbers. (Added by Ord.
21-97, App. 1/24/97)

SEC. 3053. APPLICATION FEES.

An application shall be accompanied by:

( 1 ) A fingerprinting fee in the amount speci-
fied pursuant to Section 8.23 of the San Fran-
cisco Administrative Code to cover the cost of
fingerprinting, classifying and searching of the
records;

(2) A complete set of applicant's finger-
prints to be taken by the San Francisco Police
Department;

(3) Two front view, clear color photographs,
approximately one inch by one inch, taken within
one month of application, to be furnished by
applicant;

(4) The filing fee. (Added by Ord. 21-97,
App. 1/24/97)

SEC. 3054. INVESTIGATION, HEARING
AND ISSUANCE OF PERMIT.

The Chief of Police, upon receipt of an origi-
nal or renewal application, shall make an inves-
tigation without unnecessary delay, hear the
application and grant such application unless he
finds:

(1) Applicant does not possess or cannot
obtain the minimum amount of bodily injury
and/or property damage insurance as required
by the Chief of Police rules; or

(2) The applicant does not possess the req-
uisite tow car equipment or facilities reasonably
necessary to operate a tow car business in such a

manner as to adequately protect vehicles of the
public that are towed and stored from damage or
theft; or

(3) The applicant has been convicted of theft,
petty theft, theft of a vehicle, breaking or remov-
ing vehicle parts, malicious mischief to vehicle,
check fraud, credit card fraud, driving under the
influence of alcohol or drugs, vehicular man-
slaughter, reckless driving bodily injury, any sex
offense which would cause the applicant to be
registered as a sex offender, any unlawful carry-
ing, use or possession of a firearm, any assault or
battery (misdemeanor or felony), kidnapping,
arson, extortion, murder, possession of alcoholic
beverage, opened alcohol container, marijuana,
or narcotic drug while driving, bailee tampering;
or

(4) The applicant has knowingly falsified
any statement contained in his application, or
has knowingly omitted information in his appli-
cation which could result in a denial of the
permit; or

(5) The applicant does not possess or cannot
obtain an FDIC-authorized bank credit card ma-
chine. (Added by Ord. 21-97, App. 1/24/97)

SEC. 3055. DISPLAY OF PERMIT.

Every towing firm, or person to whom or for
whom a permit to operate a tow car firm has
been granted pursuant to the provisions of this
Article, shall display said permit in a conspicu-
ous place within the tow car firm business ad-
dress, so that the same may be readily seen by
persons entering the premises. (Added by Ord.
21-97, App. 1/24/97)

SEC. 3055.1. APPLICABILITY TO
EXISTING TOW CAR FIRMS; TIME LIMIT
FOR FILING APPLICATION.

All tow car firms operating on the effective
date of this Article must file an application for a
permit within 90 days of the effective date of this
Article; failure to do so shall make continued
operation of said tow car firm a violation of the
permit requirements of this Article. (Added by
Ord. 21-97, App. 1/24/97)

1065

Permits for Tow Car Firms

Sec. 3058.

SEC. 3056. GROUNDS FOR
SUSPENSION OR REVOCATION OF
PERMIT.

The Chief of Police may suspend or revoke
any tow car business permit for any of the
following reasons or the reasons listed in Section
3054 for denial of a permit:

(1) Within five years prior to the date of
application the applicant has been convicted of
any of the following crimes:

Theft, petty theft, theft of a vehicle, breaking
or removing vehicle parts, malicious mischief to
vehicle, check fraud, credit card fraud, driving
under the influence of alcohol or drugs, vehicular
manslaughter, reckless driving bodily injury, any
sex offense which would cause the applicant to
be registered as a sex offender, any unlawful
carrying, use or possession of a firearm, any
assault or battery (misdemeanor or felony), kid-
napping, arson, extortion, murder, possession of
alcoholic beverage, opened alcohol container, mari-
juana, or narcotic drug while driving, or bailee
tampering;

(2) The imposition of towing, storage or
other charges in excess of the maximum rate
established by the City and County of San Fran-
cisco for its contracted tow car firms;

(3) Unauthorized charges added to the tow
fee, including use of special equipment, release
fees, administrative fees or other charges added
to the tow fee;

(4) The towing or removal of any vehicle
from public or private storage in other than a
duly authorized manner;

(5) Failure to maintain in full force and
effect the required bodily injury and property
damage insurance;

(6) Employing any person as a tow car op-
erator who has not been issued a valid tow car
operator's permit by the San Francisco Police
Department;

(7) Knowingly falsifying a tow car firm ap-
plication or insurance certificate, or intention-
ally omitting from an application facts which
could have resulted in a denial of the permit;

(8) Failure to report towed vehicles as re-
quired by law and Chief of Police rules;

(9) Falsification of any document used in
the course of business as a tow car firm;

(10) Failure to take reasonable steps to pre-
vent violations of the law by employees in the
course and scope of their employment;

(11) Failure to permit peace officers the
ability to inspect the tow car firm premises or
operations thereof. (Added by Ord. 21-97, App.
1/24/97)

SEC. 3057. REMOVAL OF VEHICLES
FROM PRIVATE PROPERTY.

Each tow car firm shall contact the Depart-
ment of Parking and Traffic Tow Desk within 30
minutes after departing private property with
the towed vehicle. The tow car operator shall
report the license number of the vehicle towed,
the vehicle identification number if the license
number is not available, the name of the tow car
firm towing the vehicle, the tow car operator's
name and permit number, the location the ve-
hicle has been towed from, the time the vehicle
was towed, the year, make and color of the
vehicle and the location where the vehicle is
being stored, the telephone number where the
tow car firm can be reached, and the name of the
person authorizing the tow. (Added by Ord. 21-
97, App. 1/24/97)

SEC. 3058. SUBMISSION OF PROOF OF
INSURANCE AND OTHER
INFORMATION.

(a) Permit holders shall submit, semiannu-
ally, evidence of insurance for all vehicles uti-
lized in the course of the tow car business.

(b) Permittee shall, annually, provide evi-
dence of registration for all vehicles.

(d) Permittee shall notify the Police Depart-
ment of changes in tow car drivers' employment
status and permit number. (Added by Ord. 21-97,
App. 1/24/97)

Sec. 3059.

San Francisco - Police Code

1066

SEC. 3059. INSPECTION OF VEHICLES.

Tow car firm vehicles may be inspected for
code and safety violations by any peace officer.
(Added by Ord. 21-97, App. 1/24/97)

SEC. 3060. BUSINESS RECORDS.

Each tow car firm shall maintain a record of
each vehicle towed, and shall retain such record
for three years and shall make those records
available for inspection by any peace officer.
(Added by Ord. 21-97, App. 1/24/97)

SEC. 3061. CHIEF OF POLICE
AUTHORITY TO ISSUE RULES AND
REGULATIONS.

The Chief of Police may, after a noticed public
hearing, adopt such rules and regulations to
effect the purposes of this Article as are not in
conflict therewith. (Added by Ord. 21-97, App.
1/24/97)

SEC. 3062. PERMIT EXPIRATION.

The permit shall expire one year from the
date of issuance, and shall be renewable there-
after upon an annual basis, and upon payment of
the annual license fee. (Added by Ord. 21-97,
App. 1/24/97)

SEC. 3064. VIOLATION:
MISDEMEANOR.

Violation of Sections 3050 or 3055 herein
shall be a misdemeanor, punishable by a fine not
to exceed $1,000, or by imprisonment in the
County Jail for a term of not more than six
months, or by both such fine and imprisonment.
(Added by Ord. 21-97, App. 1/24/97)

SEC. 3065. SEVERABILITY.

If any section, subsection, subdivision, para-
graph, 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 de-
clares 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, sub-
divisions, paragraphs, sentences, clauses or
phrases be declared unconstitutional or invalid
or ineffective. (Added by Ord. 21-97, App. 1/24/
97)

SEC. 3063. HEARING ON PERMIT
SUSPENSION OR REVOCATION.

The Chief of Police may suspend or revoke a
permit issued hereunder if after hearing on the
matter he or she finds that grounds exist which
would have constituted just cause for refusal to
issue such permit or the existence of any basis
for suspension or revocation listed in Section
3056. Written notice of the hearing, setting forth
the time and place of hearing, and a brief state-
ment of the reason for the proposed suspension
or revocation, shall be served on or mailed to the
permittee at his or her residence, or place of
business, as listed on his permit application, at
least 10 days in advance of hearing. Any permit
which is revoked shall not be renewed less than
one year from the date of revocation. (Added by
Ord. 21-97, App. 1/24/97)

[The next page is 1075]

ARTICLE 31: REGULATIONS FOR TEMPORARY HELIPORTS AND PERMIT

PROVISIONS

Sec. 3100. Definitions.

Sec. 3101. Permit Required.

Sec. 3102. Filing.

Sec. 3103. Application Form.

Sec. 3104. Issuance of Permit.

Sec. 3105. Permission to Divert Traffic.

Sec. 3106. Suspension or Revocation of

Permit.
Sec. 3107. Automatic Suspension of

Permit.
Sec. 3108. Forfeiture of Permit Fee.
Sec. 3109. Permit Fees.
Sec. 3110. Transfer of Permit.
Sec. 3111. Exception for Government

Operations.
Sec. 3112. Penalty.

SEC. 3100. DEFINITIONS.

For the purpose of this Article, the following
words and phrases shall mean and include:

(a) Helicopter. A rotary wing aircraft which
depends principally for its support and motion in
the air upon the lift generated by one or more
power-driven rotors, rotating on substantially
vertical axes. It can hover, fly backward and
sideways, in addition to forward flight.

(b) Heliport. An area, either at ground
level or elevated on a structure, that is used for
the landing and take-offs of helicopters, and
includes some or all of the various facilities
useful to helicopter operations.

(c) Off-Heliport Landing Site. A take-off
and landing area intended for temporary or
occasional helicopter use but not formally de-
signed as a heliport. (Added by Ord. 392-73, App.
10/19/73)

SEC. 3101. PERMIT REQUIRED.

It shall be unlawful for any person to operate,
or cause to be operated, any helicopter to or from

any off-heliport landing site, or to or from any
property other than a State-approved permanent
heliport (except in cases of any emergency situ-
ation) within the City and County of San Fran-
cisco without first obtaining a permit from the
Police Department designating the site and lim-
iting the use. Said permits shall only be valid for
a period of time not to exceed thirty days, or a
specific job time. (Added by Ord. 392-73, App.
10/19/73)

SEC. 3102. FILING.

Every person desiring a permit pursuant to
this Article shall file an application with the
Police Department upon a form provided by said
department. (Added by Ord. 392-73, App. 10/19/

73)

SEC. 3103. APPLICATION FORM.

Except as otherwise provided herein, an ap-
plication for a temporary site permit pursuant to
the provisions of this Article shall be made in
writing and shall specify:

(a) The name and address of the applicant
whether a firm, association or corporation.

(b) The address of the location for which the
permit is required, together with the business
name of such location, if any.

(c) A copy of the applicant's application for
State Department of Aeronautics approval, or
verification of telephone permission by same (to
be followed by approval in writing).

(d) A copy of a no-objection letter from the
Federal Aviation Administration.

(e) Written approval of the landing site's
landowner or duly authorized agent.

(f) Description of the proposed operation,
including the exact flight routes, times of opera-
tion, load to be lifted and duration of the job
time.

1075

Sec. 3103.

San Francisco - Police Code

1076

(g) Certificate of insurance in favor of City
providing for public liability and property dam-
age coverage consistent with the requirements of
this State's Public Utilities Commission for heli-
copter operations. Said certificate may be re-
tained in Police Department files for future tem-
porary heliport landing permit requests.

Upon receipt of the proper application, the
Police Department shall coordinate and obtain
the concurrence of all appropriate City depart-
ments. The temporary site or sites will be evalu-
ated on the basis of recommended Federal Avia-
tion Administration and State Department of
Aeronautics criteria.

Any permit issued pursuant to this Article
shall have endorsed thereon the exact flight
route, time of operation, location of off-helicopter
landing site and duration of the job time. (Added
by Ord. 392-73, App. 10/19/73)

SEC. 3104. ISSUANCE OF PERMIT.

The appropriate permit for temporary opera-
tions shall be issued and a copy thereof shall be
properly forwarded to the State Department of
Aeronautics.

Every permit which is issued pursuant to
this Article shall be conditional pending receipt
by the City and County of San Francisco of
evidence of approval in writing by the State
Department of Aeronautics and no-objection let-
ter from the Federal Aviation Administration
and said permit shall not be deemed uncondition-
ally approved until such evidence is received by
the Police Department. In the event either or
both the Department of Aeronautics and Federal
Aviation Administration disapprove permittees'
applications, then said permit shall be deemed
revoked by operation of law without the require-
ment of notice by City. This section shall not be
construed as authority to operate helicopters to
or from off-heliport landing sites within the City
and County of San Francisco until the permit
granted pursuant to this Article is uncondition-
ally approved. The Chief of Police may further
restrict the permit as necessary to protect the
interests of the general public. (Added by Ord.
392-73, App. 10/19/73)

SEC. 3105. PERMISSION TO DIVERT
TRAFFIC.

Should the operation of the permittee create
a danger to pedestrian or vehicular traffic, the
permittee shall apply to the Police Commission
pursuant to the provisions of Section 18 of Part
II, Chapter XI, of the San Francisco Municipal
Code for permission to divert traffic from the
area of operation.

The diversion of said traffic shall be at the
expense of the permittee.

No permit shall issue unless and until per-
mission to divert traffic is granted by the Police
Commission if in the opinion of the Chief of
Police such diversion is necessary to protect the
general interests of the public. (Added by Ord.
392-73, App. 10/19/73)

SEC. 3106. SUSPENSION OR
REVOCATION OF PERMIT.

The Police Department may suspend or re-
voke a permit issued hereunder whenever:

(a) There is a violation of any of these
sections or of any State or Federal law or regu-
lation pertaining to the operations permitted
hereunder.

(b) State Department of Aeronautics or Fed-
eral Aviation Administration approval of the
operations permitted hereunder is suspended or
withdrawn for any reason.

(c) There has been a material change in
circumstances since the granting of the permit
which would have precluded issuance of the
permit if such changed circumstances had been
in existence at the time of the application.

(d) Conditions of the permit have been vio-
lated. (Added by Ord. 392-73, App. 10/19/73)

SEC. 3107. AUTOMATIC SUSPENSION
OF PERMIT.

A permit granted pursuant to this Article
shall be deemed automatically suspended if the
required approval of the permit given by the
State Department of Aeronautics or the Federal
Aviation Administration is terminated or with-
drawn for any reason. Such suspension shall
remain in effect until the permittee delivers

1077 Regulations for Temporary Heliports and Permit Provisions Sec. 3112.

evidence of reinstatement of the approval of the
State Department of Aeronautics and the Fed-
eral Aviation Administration to the Police De-
partment. (Added by Ord. 392-73, App. 10/19/73)

SEC. 3108. FORFEITURE OF PERMIT
FEE.

On revocation of the permit, no part of the
permit fee shall be returned, but the said fee
shall be forfeited to the City and County of San
Francisco. (Added by Ord. 392-73, App. 10/19/73)

SEC. 3109. PERMIT FEES.

The applicant for a permit shall pay a non-
refundable application fee upon application to
the San Francisco Police Department.

Payment of a license fee shall be made to the
Tax Collector of the City and County of San
Francisco upon issuance of the permit by the
Police Department and shall be a condition thereof.
(Amended by Ord. 555-81, App. 11/12/81)

SEC. 3110. TRANSFER OF PERMIT.

No permit issued hereunder shall be trans-
ferable. (Added by Ord. 392-73, App. 10/19/73)

SEC. 3111. EXCEPTION FOR
GOVERNMENT OPERATIONS.

The provisions of this Article shall not apply
to helicopters owned or operated by any agency
of the City and County of San Francisco, the
State of California, or the United States. (Added
by Ord. 392-73, App. 10/19/73)

SEC. 3112. PENALTY.

Any person who knowingly violates any of
the provisions of this Article shall be deemed
guilty of a misdemeanor and upon conviction
such person shall be punished by a fine not to
exceed $200. (Added by Ord. 392-73, App. 10/19/
73)

Sec. 3112. San Francisco - Police Code 1078

[The next page is 1083]

ARTICLE 32: REGULATIONS FOR CONDUCTING BINGO GAMES

Sec. 3200. Definitions.

Sec. 3201. Restrictions Upon the

Conducting of Bingo Games.

Sec. 3202. Permit Required.

Sec. 3203. Filing.

Sec. 3204. Application Form.

Sec. 3205. Verification of Application.

Sec. 3206. Notice of Hearing.

Sec. 3207. Issuance of Permit.

Sec. 3208. Duration of Permit.

Sec. 3209. Amendment of Permit.

Sec. 3210. Rules and Regulations by Chief

of Police.

Sec. 3211. Police — Inspection.

Sec. 3212. Requirement to Keep Records.

Sec. 3213. Examination of Records.

Sec. 3214. Reports to be Filed with Chief

of Police.

Sec. 3215. Frequency of Filing Reports.

Sec. 3216. Forms Prescribed by Chief of

Police.

Sec. 3217. License Fees.

Sec. 3218. Special License.

Sec. 3219. Annual License.

Sec. 3219.1. Waiver of Fees.

Sec. 3220. Suspension and Revocation of

Permit.

Sec. 3221. Limited Suspension.

Sec. 3222. Transfer of Permit.

Sec. 3223. Forfeiture of License Fee.

Sec. 3224. Penalties.

Sec. 3225. Injunction.

Sec. 3226. Inapplicability of Other Laws.

Sec. 3227. Severability.

SEC. 3200. DEFINITIONS.

For the purpose of this Article, the following
words and phrases shall mean and include:

(a) Bingo. A game of chance in which prizes
are awarded on the basis of designated numbers
or symbols on a card which conform to numbers
or symbols selected at random; including instant
bingo cards having numbers or symbols which
are pre-marked in such a fashion as to provide a
distribution of monetary prizes. Instant bingo
games shall consist of the sale and distribution
of instant bingo cards from a prepackaged set
having winning bingo cards distributed through-
out such prepackaged set on a random basis.

(b) Bingo Game. A single bingo game.

(1) A series of consecutive single bingo games
which are conducted at one location, at one time,
during one unbroken time period of six or fewer
hours' duration.

(2) A series of consecutive single bingo games
as described in Subparagraph (1) above which
are conducted at separate times.

(d) Nonprofit Charitable Organization.

Any organization exempted from the payment of
the bank and corporation tax by Sections 23701a,
23701b, 23701d, 23701f, 23701g and 23701 1 of
the Revenue and Taxation Code and by mobile
home park associations and senior citizens orga-
nizations.

(e) Member. An individual who qualified
for membership in a nonprofit charitable organi-
zation, pursuant to its bylaws, articles of incor-
poration, charter rules or other written state-
ment.

(f) Person. An individual, firm, partner-
ship, joint association, social club, fraternal or-
ganization, joint stock company, corporation, es-
tate, trust, business trust, receiver, trustee,
syndicate, or any other group or combination

1083

Sec. 3200.

San Francisco - Police Code

1084

acting as a unit excepting the United States of
America, the State of California, and any politi-
cal subdivision of either thereof.

(g) Minor. Any person under the age of 18
years. (Added by Ord. 571-77, App. 12/29/77)

SEC. 3201. RESTRICTIONS UPON THE
CONDUCTING OF BINGO GAMES.

The conducting of bingo games authorized by
this Article shall be subject to the following
restrictions.

(a) Such games shall only be conducted by a
nonprofit charitable organization licensed under
the provisions of this Article.

(b) Such games shall only be conducted for
the benefit of a nonprofit charitable organiza-
tion.

(c) A nonprofit charitable organization shall
conduct a bingo game only on property owned or
leased by it, and which property is used by such
organization for an office or for performance of
the purposes for which the organization is orga-
nized. Nothing in this Subparagraph (c) shall be
construed to require that the property owned or
leased by such organization be used or leased
exclusively by such organization.

(d) Each prepackaged set of instant bingo
cards must be sold or distributed and the prizes
awarded from said set must be distributed within
a period of not more than two hours at a location
specified in Section 3201(c).

(e) A bingo game shall be operated and
staffed only by members of the nonprofit chari-
table organization which organized it. Such mem-
bers shall not receive a profit, wage or salary
from any bingo game.

(f) No individual corporation, partnership,
or other legal entity except the organization
authorized to conduct a bingo game shall hold
financial interest in the conduct of such bingo
game.

(g) Each nonprofit charitable organization
which is exempt from payment of the bank and
corporation tax by Section 23701d of the Rev-
enue and Taxation Code shall establish a trust
account in which all profits derived from bingo
games shall be deposited. Such profits shall not

be commingled with any other fund or account.
The trust account shall be established at an
office of a bank located in the City and County of
San Francisco and the account number and
branch identification of the trust account shall
be filed with the Chief of Police of the City and
County of San Francisco within 10 days of the
establishment thereof. Such profits shall be used
only for charitable purposes. Each nonprofit chari-
table organization as defined in Section 3200(c)
herein which is not exempt from payment of the
bank and corporation tax by Section 2370 Id of
the Revenue and Taxation Code shall establish a
trust account in which all funds derived from
bingo games shall be deposited. Such funds shall
not be commingled with any other fund or ac-
count. The trust account shall be established at
an office of a bank located in the City and County
of San Francisco and the account number and
branch identification of the trust account shall
be filed with the Chief of Police of the City and
County of San Francisco within 10 days of the
establishment thereof. Such funds shall be used
only for charitable purposes, except as follows:

(1) Such funds may be used for prizes;

(2) A portion of such funds, not to exceed 10
percent of the funds after the deduction for
prizes, or $500 per month, whichever is less, may
be used for rental of property, overhead and
administrative expenses.

(h) The total value of prizes awarded during
the conduct of any bingo game shall not exceed
$250 in cash or kind, or both, for each separate
game which is held. Monetary prizes for instant
bingo games will be not less than 35 percent of
all of the fees paid for the purchase of said cards
in any given instant bingo game.

(i) All bingo games shall be open to the
public, not just to the members of the nonprofit
charitable organization.

(j) No minors shall be allowed to participate
in any bingo game.

(k) No person shall be allowed to partici-
pate in a bingo game unless the person is physi-
cally present at the time and place in which the
bingo game is being conducted.

1085

Regulations for Conducting Bingo Games

Sec. 3206.

(1) Any nonprofit charitable organization
granted a permit pursuant to this Article which
places, publishes or distributes or causes to be
placed, published or distributed any advertising
matter or announcement of bingo games must
include the number of the permit issued to such
organization in such advertising matter or an-
nouncement.

(m) No organization which holds a permit
pursuant to this Article shall conduct bingo games
as defined in Section 3200(c)(1) for more than six
hours on any day. Except as provided by a special
permit issued pursuant to Section 3209, no orga-
nization which holds a permit pursuant to this
Article shall conduct bingo games as defined in
Section 3200(c)(2) on more than one day in any
calendar week. (Amended by Ord. 270-78, App.
6/9/78)

SEC. 3202. PERMIT REQUIRED.

It shall be unlawful for any person to con-
duct, or to cause or permit to be conducted, a
bingo game in the City and County of San
Francisco without first having obtained a permit
from the Chief of Police. (Added by Ord. 571-77,
App. 12/29/77)

SEC. 3203. FILING.

Every person desiring a permit pursuant to
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. (Amended
by Ord. 555-81, App. 11/12/81)

SEC. 3204. APPLICATION FORM.

Except as otherwise provided herein, an ap-
plication for a permit pursuant to the provisions
of this Article shall specify:

(a) The name and address of the applicant
organization.

(b) The names and residence addresses of
each of its officers.

(d) The days of the week and the time or
times when the applicant intends to conduct
bingo games.

(e) The active member or members of the
applicant organization who will supervise the
conducting of bingo games.

(f) Whether or not the members who will
supervise the games have ever been convicted of
any crime except misdemeanor traffic violations.

(g) Sufficient facts relating to the applicant
organization to enable the Chief of Police to
determine whether it is a nonprofit charitable
organization as defined by this Article.

(h) The address to which notice, when re-
quired, is to be sent or mailed, and the name and
address of a person authorized to accept services
of process.

(i) Whether the application is for a new
permit or for the renewal of an existing permit.

(j) Such other information as the Chief of
Police may require of an applicant in addition to
the other requirements of this Section. (Added by
Ord. 571-77, App. 12/29/77)

SEC. 3205. VERIFICATION OF
APPLICATION.

Every application for a permit under this
Article shall be verified as provided in the Cali-
fornia Code of Civil Procedure for the verification
of pleadings. (Added by Ord. 571-77, App. 12/29/
77)

SEC. 3206. NOTICE OF HEARING.

When an application is filed for a new 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 of 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 where the
applicant intends to conduct bingo games, and
the applicant shall maintain said notice as posted
the required number of days. Such notice shall
set forth the following:

(a) The name of the applicant organization.

Sec. 3206.

San Francisco - Police Code

1086

(b) The days of the week and the time or
times when the applicant intends to conduct
bingo games. (Added by Ord. 571-77, App. 12/29/

77)

SEC. 3207. ISSUANCE OF PERMIT.

The Chief of Police shall issue a permit
within 14 days following a hearing as provided in
Section 3206 herein, based upon his investiga-
tion and subsequent to the public hearing pro-
vided for above, if he finds:

(a) 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 ordi-
nances.

(b) That the member or members who will
supervise the conducting of the games have not
been convicted in a court of competent jurisdic-
tion, by final judgment, of:

(i) An offense involving violation of Califor-
nia Penal Code Sections 319 through 337;

(ii) 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; and

(hi) An offense involving the use of force
and violence upon the person of another provided
that such person committed three separate of-
fenses within the past five years.

(c) That the applicant has not knowingly
made any false, misleading or fraudulent state-
ment of facts in the permit application or any
other document required by the Chief of Police in
conjunction therewith. (Added by Ord. 571-77,
App. 12/29/77)

SEC. 3208. DURATION OF PERMIT.

The permit shall be effective for not more
than one year from the date of issue. (Added by
Ord. 571-77, App. 12/29/77)

SEC. 3209. AMENDMENT OF PERMIT.

Upon special application submitted by an
organization which holds a permit pursuant to
this Article and upon payment of a fee, the Chief

of Police may issue a special permit authorizing
bingo games at locations, and on days of the
week, and at times other than those set forth in
the organization's annual permit; provided, how-
ever, that no such special permit may authorize
more than 12 additional bingo games as defined
in Section 3200(c)(2) to be conducted during that
period for which the organization's permit is
applicable. (Amended by Ord. 555-81, App. 11/12/
81)

SEC. 3210. RULES AND REGULATIONS
BY CHIEF OF POLICE.

The Chief of Police may adopt, after a noticed
public hearing, rules and regulations supplemen-
tal to this Article and not in conflict therewith.
The rules and regulations shall become effective
10 days after adoption by the Chief of Police.
(Added by Ord. 571-77, App. 12/29/77)

SEC. 3211. POLICE— INSPECTION.

The Police Department, in addition to its
several other duties, shall inspect any and all
establishments which have been licensed pursu-
ant to this Article. (Added by Ord. 571-77, App.
12/29/77)

SEC. 3212. REQUIREMENT TO KEEP
RECORDS.

Each licensee shall keep records of all bingo
games conducted within the previous calendar
year. Such records shall include the following
information:

(a) The number of participants present at
each series of bingo games as defined by Section
3200(c)(1);

(b) The number of bingo cards and instant
bingo cards sold in each price category estab-
lished therefor for each series of bingo games as
defined by Section 3200(c)(1);

(d) The total amount of fees collected for the
purchase of bingo cards and instant bingo cards
and any admission fees collected for each series
of bingo games as defined in Section 3200(c)(1).

1087

Regulations for Conducting Bingo Games

Sec. 3219.1.

(e) The total amount of prizes awarded dur-
ing each series of bingo games as defined in
Section 3200(c)(1). (Added by Ord. 571-77, App.
12/29/77)

SEC. 3213. EXAMINATION OF
RECORDS.

Each licensee shall keep all records required
by Section 3212 for a period of time not less than
one calendar year.

The Chief of Police shall have the power to
examine or cause to be examined the books and
records of any licensed organization so far as
they may relate to bingo games and to examine
any manager, officer, director, agent, member or
employee thereof under oath in relation to the
conduct of any such game.

Any information so received shall not be
disclosed except so far as may be necessary for
the purpose of carrying out the provisions of this
Article. (Added by Ord. 571-77, App. 12/29/77)

SEC. 3214. REPORTS TO BE FILED
WITH CHIEF OF POLICE.

Every nonprofit charitable organization li-
censed pursuant to this Article must file with the
Chief of Police a report containing:

(a) The total amount of money received from
the operation of each series of bingo games as
defined in Section 3200(c)(1);

(b) The total amount paid out in prizes for
each bingo game as defined in Section 3200(b);

(d) Such other information as the Chief of
Police may require in addition to the other re-
quirements of this Section. (Added by Ord. 571-
77, App. 12/29/77)

SEC. 3215. FREQUENCY OF FILING
REPORTS.

A report must be filed within 30 days after
any bingo game is held, or, if the licensee con-
ducts more than one bingo game each month, the

licensee may file the report specified in Section
3215 once every six months. (Added by Ord.
571-77, App. 12/29/77)

SEC. 3216. FORMS PRESCRIBED BY
CHIEF OF POLICE.

The report required by Section 3214 of this
Article shall be made on standard forms pre-
scribed and furnished by the Chief of Police.
(Added by Ord. 571-77, App. 12/29/77)

SEC. 3217. LICENSE FEES.

Every organization granted a. bingo game
permit by the Chief of Police shall obtain either
a special license or an annual license by paying
the required license fee to the Tax Collector.
(Added by Ord. 571-77, App. 12/29/77)

SEC. 3218. SPECIAL LICENSE.

Each organization proposing to conduct 10
bingo games or less a year shall obtain a special
license for each bingo game. Said special license
shall be valid only for the bingo game specified
thereon. The fee for a special license shall be
payable at the time of issuance thereof. (Amended
by Ord. 555-81, App. 11/12/81)

SEC. 3219. ANNUAL LICENSE.

Each organization proposing to conduct more
than 10 bingo games a year shall obtain an
annual license.

The fee for an annual license shall be payable
in advance. The license fee prescribed in this
Section is due and payable on a calendar year
basis, starting January 1st. Fees for a new
license issued prior to January 1st, or after the
first day of January, or in any subsequent calen-
dar year, shall be prorated with regard to the
calendar year on a monthly basis.

Any amount paid as a filing fee by the orga-
nization pursuant to Section 3203 shall be cred-
ited against the fees prescribed in the second
paragraph of this Section. (Amended by Ord.
555-81, App. 11/12/81)

SEC. 3219.1. WAIVER OF FEES.

Nonprofit charitable organizations that are
duly certified to be senior citizen organizations

Sec. 3219.1.

San Francisco - Police Code

1088

by the Commission on the Aging of the City and
County of San Francisco shall not be required to
pay those fees established by Sections 3203,
3209, 3217, 3218 and 3219 of this Article. (Added
by Ord. 269-78, App. 6/9/78)

SEC. 3220. SUSPENSION AND
REVOCATION OF PERMIT.

The Chief of Police shall suspend or revoke
any permit issued hereunder, if he finds after a
noticed public hearing that any of the following
conditions exist:

(a) The operation, as conducted by the per-
mittee, does not comply with all applicable laws,
including, but not limited to, the City's building,
health, zoning and fire ordinances; or

(b) A member or members who will be su-
pervising the conducting of the games have been
convicted in a court of competent jurisdiction, by
final judgment, of:

(i) An offense involving violation of Califor-
nia Penal Code Sections 319 through 337;

(iii) An offense involving the use of force
and violence upon the person of another provided
that such person committed three separate of-
fenses within the past five years.

(c) The permittee has knowingly made any
false, misleading or fraudulent statement of ma-
terial fact in the application for a permit. (Added
by Ord. 571-77, App. 12/29/77)

SEC. 3221. LIMITED SUSPENSION.

Any permit issued under the terms of this
Article may be suspended for a period of 30 days
by the Chief of Police if the Chief of Police
determines after a noticed hearing that violation
of any provision of this Article has occurred or
any applicable building, health, zoning and fire
ordinances has occurred. (Added by Ord. 571-77,
App. 12/29/77)

SEC. 3222. TRANSFER OF PERMIT.

No permit issued under the terms of this
Article shall be transferable. (Added by Ord.
571-77, App. 12/29/77)

SEC. 3223. FORFEITURE OF LICENSE
FEE.

On revocation of the permit, no part of the
annual license fee shall be returned, but the said
license fee shall be forfeited to the City and
County of San Francisco. (Added by Ord. 571-77,
App. 12/29/77)

SEC. 3224. PENALTIES.

The following penalties shall be imposed for
violations of this Article.

(a) Any person who receives a profit, wage
or salary from any bingo game authorized by this
Article shall be guilty of a misdemeanor and
upon conviction thereof such person shall be
punished by a fine not to exceed $10,000, which
fine shall be deposited in the general fund of the
City and County of San Francisco.

(b) Any person violating any provision of
this Article other than set forth in Section 3224(a)
shall be guilty of an infraction and upon convic-
tion thereof shall be punished for the first of-
fense by a fine not to exceed $50 and for the
second and each additional offense committed
within one year from the date of the first offense
by a fine not to exceed $500 or by imprisonment
in the County Jail for a period not to exceed six
months. (Added by Ord. 571-77, App. 12/29/77)

SEC. 3225. INJUNCTION.

The City and County of San Francisco may
bring an action to enjoin the violation of this
Article. (Added by Ord. 571-77, App. 12/29/77)

SEC. 3226. INAPPLICABILITY OF
OTHER LAWS.

Articles 3 and 9.6 of Part II of the San
Francisco Municipal Code (Police Code) shall not
apply to any bingo game conducted within the
territorial limits of the City and County of San
Francisco pursuant to the provision of this Ar-
ticle. (Added by Ord. 571-77, App. 12/29/77)

1089 Regulations for Conducting Bingo Games Sec. 3227.

SEC. 3227. SEVERABILITY.

If any section, subsection, subdivision, para-
graph, 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 de-
clares 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, subdivisions,
paragraphs, sentences, clauses or phrases be
declared unconstitutional or invalid or ineffec-
tive. (Added by Ord. 571-77, App. 12/29/77)

Sec. 3227. San Francisco ■ Police Code 1090

[The next page is 1099]

ARTICLE 32A: REGULATIONS FOR CONDUCTING POKER GAMES

Sec. 3200A. Definitions.

Sec. 3201A. Restrictions Upon the

Conducting of Poker Games.

Sec. 3202A. Permit Required.

Sec. 3203A. Filing.

Sec. 3204A. Application Form.

Sec. 3205A. Verification of Application.

Sec. 3206A. Notice of Hearing.

Sec. 3207A. Issuance of Permit.

Sec. 3208A. Amendment of Permit.

Sec. 3209A. Rules and Regulations by Chief

of Police.

Sec. 3210A. Access — Inspection.

Sec. 3211A. Requirement to Keep Records.

Sec. 3212A. Examination of Records.

Sec. 3213A. Reports to be Filed with Chief

of Police.

Sec. 3214A. Frequency of Filing Reports.

Sec. 3215A. Forms Prescribed by the Chief

of Police.

Sec. 3216A. Annual License.

Sec. 3217A. Suspension and Revocation of

Permit.

Sec. 3218A. Limited Suspension.

Sec. 3219A. Transfer of Permit.

Sec. 3220A. Forfeiture of License Fee.

Sec. 3221A. Penalties.

Sec. 3222A. Injunction.

Sec. 3223A. Inapplicability of other Laws.

Sec. 3224A. Severability.

SEC. 3200A. DEFINITIONS.

For the purpose of this Article, the following
words and phrases shall mean and include: =

(a) Poker. The games of high and low draw
poker without variation and without wild cards,
wherein five cards are originally dealt to each
player and each player shall draw the same
number of cards as originally discarded prior to
the draw.

(b) Table. An area in which a single game
or series of games is played, not exceeding eight
players plus a supervisor.

Any organization exempted from the payment of
the bank and corporation tax by Sections 23701a,
23701b, 23701d, 23701f, 23701g, and 23701 1 of
the Revenue and Taxation Code and including
mobile home park associations and senior citi-
zens organizations.

(d) Member. Any individual who qualified
for membership in a nonprofit charitable organi-
zation, pursuant to its bylaws, articles of incor-
poration, charter rules or other written state-
ment.

(e) Person. An individual, firm, partner-
ship, joint association, social club, fraternal or-
ganization, joint stock company, corporation, es-
tate, trust, business trust, receiver, trustee,
syndicate, or any other group or combination
acting as a unit except the United States of
America, the State of California, and any politi-
cal subdivision of either thereof.

(f) Minor. Any person under the age of 18
years.

(g) Licensee. The active member or mem-
bers of the license-holding organization who will
supervise the poker games, or the license-
holding organization itself, or both, as appli-
cable. (Added by Ord. 437-82, App. 9/3/82)

SEC. 3201A. RESTRICTIONS UPON THE
CONDUCTING OF POKER GAMES.

The conducting of poker games authorized by
this Article shall be subject to the following
restrictions:

(a) Such games may only be conducted by a
nonprofit charitable organization licensed under
the provisions of this Article.

(b) Such games may only be conducted for
the benefit of a nonprofit charitable organiza-
tion.

1099

Sec. 3201A.

San Francisco - Police Code

1100

(c) No individual, corporation, partnership,
or other legal entity except the organization
authorized to conduct a poker game may hold
financial interest in the conduct of such poker
game. No licensee or agent thereof may permit
the farming out, assigning or subletting of any
games or tables lawfully permitted pursuant to
the provisions of this Article.

(d) A poker game may be operated and
staffed only by members of the nonprofit chari-
table organization which organized it. Such mem-
bers may not receive a profit, wage or salary
from any poker game, provided, however, that
with permission of the Chief of Police, paid
personnel who are not members of such organi-
zation may be employed.

(e) Each poker table shall have assigned to
it a person whose duty shall be to supervise the
game, and see to it that it is played strictly in
accordance with the terms of this Article and
with the provisions of the Penal Code of the State
of California. The table supervisor shall be the
dealer for all games, but shall not otherwise
participate in the play. It shall be illegal for any
licensee, manager, supervisor, or employee of
any organization holding a license under the
provisions of this Article, to be physically present
upon said premises without an identification
card identifying them with the licensee. Such
identification card is to be prominently displayed
on the outermost garment at approximately chest
height, and such identification card shall, at all
times, be readable, legible and in good condition.

(f) A nonprofit charitable organization may
conduct a poker game only on property owned or
leased by it, and which property is used by such
organization for an office or for performance of
the purposes for which such organization is
organized. Nothing in this Subparagraph (f) shall
be construed to require that the property owned
or leased by such organization be used or leased
exclusively by such organization. Only one orga-
nization may conduct a licensed poker game or
series of games at a single location at any one
time.

(g) Each nonprofit charitable organization
which is exempt from payment of the bank and
corporation tax by Section 23 70 Id of the Rev-

enue and Taxation Code shall establish a trust
account in which all profits derived from poker
games shall be deposited. Such profits may not
be commingled with any other fund or account.
The trust account shall be established at the
office of a bank located in the City and County of
San Francisco and the account number and
branch identification of the trust account shall
be filed with the Chief of Police of the City and
County of San Francisco within 10 days of the
establishment thereof. Such profits shall be used
only for charitable purposes.

Each nonprofit charitable organization as
defined in 3200A (c) herein which is not exempt
from payment of the bank and corporation tax by
Section 2370 Id of the Revenue and Taxation
Code shall establish a trust account in which all
funds derived from poker games shall be depos-
ited. Such funds may not be commingled with
any other fund or account. The trust account
shall be established at an office of a bank located
in the City and County of San Francisco and the
account number and branch identification of the
trust account shall be filed with the Chief of
Police of the City and County of San Francisco
within 10 days of the establishment thereof.
Such funds shall be used only for charitable
purpose, except a portion of such funds, not to
exceed 10 percent of $750 per month, whichever
is less, may be used for rental of property, over-
head and administrative expenses.

(h) Any nonprofit charitable organization
granted a permit pursuant to this Article which
places, publishes or distributes or caused to be
placed, published or distributed any advertising
matter or announcement of poker games must
include the number of the permit issued to such
organization in such advertising matter or an-
nouncement.

(i) All bets or wagers shall be made in
United States currency and in cash.

(j) No organization holding a poker permit
may operate more than 12 tables.

(k) No organization which holds a permit
pursuant to this Article may conduct poker games
for more than six hours on any day; or between
the hours of midnight and 6 a.m. Except as

1101

Regulations for Conducting Poker Games

Sec. 3201A.

provided by an amended permit issued pursuant
to Section 3208A, no organization which holds a
permit pursuant to this Article may conduct
poker games on more than one day in any
calendar week.

(1) No charge less than $1 or in excess of $5
per hour may be collected from any player for the
privilege of participating in any game. This sec-
tion shall not prohibit any organization licensed
pursuant to this Article from charging an admis-
sion fee for entry upon the location where a
poker game or series of games is being con-
ducted.

(m) No licensee or other person in charge or
in control of any poker game operating under
any permit held or issued pursuant to the provi-
sions of this Article may permit any person
playing in any of the games subject to license by
this Article to make any single bet or wager in
excess of $10 or at any time during any game to
permit an ante in excess of $10 total sum anted
by players participating in the game. There shall
be a limit of three raises per round of betting in
any poker game or series of games licensed
pursuant to this Article. "Razz games," i.e., games
where the winner of the pot leaves in an amount
for the next game, are prohibited.

(n) There shall be posted in every premises
licensed for the operation of poker games under
this Article in letters visible from all parts thereof,
signs stating that only high and low draw poker
are permitted to be played and stating the charge
per hour exacted from each player for the privi-
lege of playing.

(o) All poker games shall be open to the
public and not just to the members of the non-
profit charitable organization.

(p) No person may be allowed to participate
in a poker game unless the person is physically
present at the time and place in which the poker
game is being conducted.

(q) No minors may be allowed to participate
in any poker game.

(r) No alcoholic beverages may be served,
sold, given away, or consumed on any premises
licensed for the operation of poker games pursu-
ant to the provisions of this Article, nor may any

such premises have an entrance leading to any
establishment which serves or sells intoxicating
liquor.

(s) No licensee may permit or otherwise
allow any conduct, activity or condition upon the
premises which singly or collectively are so noisy
or otherwise offensive as to disturb the quiet and
good order of the premises or of the neighbor-
hood.

(t) No licensee may harbor, admit or permit
to enter or remain on the premises any lewd or
dissolute person, or any person under the influ-
ence of narcotics, or any intoxicated person; and
no such person may enter upon or remain upon
such premises.

(u) The licensee shall have the right to
refuse admission to anyone. Those to whom
admission is refused shall leave the premises
immediately and shall not return for a period of
at least 24 hours.

(v) No licensee, nor any other person re-
quired to disclose information under this Article,
may loan money or any other thing of value or
representing value to any player at any poker
game licensed under this Article.

(w) No licensee may furnish any gratuity or
incentive to any player in a poker game licensed
under this Article, or to any person, as an induce-
ment to play or to continue playing. Such gratu-
ities or incentives include, but are not limited to,
food, coffee, or any other thing of value. The term
"gratuity or incentive" means at a price or other
consideration below that normally charged by
the establishment for such item.

(x) No licensee or agent thereof may oper-
ate, maintain, or purport to maintain, or allowed
to be operated, maintained or purported to be
maintained, any house bank, players 1 bank, em-
ployee bank, or any system similar thereto,
whereby a person may deposit, draw or maintain
any account or credit of money, chips, or other
item of value.

(y) It shall be unlawful for any licensee or
other person operating, managing, or conducting
any poker game under any license issued pursu-
ant to the provisions of this Article, or any of
their agents, servants, representatives, associ-

Sec. 3201A.

San Francisco - Police Code

1102

ates or employees, for the purpose or intention of
directly or indirectly offering, furnishing, provid-
ing, affording, showing, exhibiting, or distribut-
ing, or permitting the offering, to any person in,
upon or near such poker game premises any
money, merchandise, show, entertainment, danc-
ing, vaudeville, circus, or other theatrical or
terpsichorean or histrionic act, fortune-telling,
magic or sleight-of-hand exhibition, or amuse-
ment, or any combination thereof, whether vocal,
physical, mechanical, or otherwise, or any repre-
sentative thereof or of value, or the use of any
amusement device as a free gift premium, attrac-
tion, enticement, or reward to enter or remain in
or about such place or premises or to attend or
participate in any game or activity conducted
therein, whether the same is distributed by lot,
hazard or chance or for a direct or indirect
charge or fee or in any other manner, or is
offered, furnished, provided, afforded, shown,
exhibited, tendered, or distributed free of any fee
or charge as a gift. It is provided, however, that
the playing of standard radio broadcast pro-
grams, or the showing or playing of regular
standard television broadcasts, or the playing of
standard recorded musical or audio programs
shall not be deemed a violation hereof. (Added by
Ord. 437-82, App. 9/3/82)

SEC. 3202A. PERMIT REQUIRED.

It shall be unlawful for any person to con-
duct, or to cause or permit to be conducted, a
poker game in the City and County of San
Francisco without first having obtained a permit
from the Chief of Police. (Added by Ord. 437-82,
App. 9/3/82)

SEC. 3203A. FILING.

Every person desiring a permit pursuant to
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 in the
amount set forth in Section 2.26 of the Police
Code. (Added by Ord. 437-82, App. 9/3/82)

SEC. 3204A. APPLICATION FORM.

Except as otherwise provided herein, an ap-
plication for a permit pursuant to the provisions
of this Article shall specify:

(a) The name and address of the applicant
organization.

(b) The name and residence addresses of
each of its officers.

(d) The day of the week and the time or
times when the applicant intends to conduct
poker games.

(e) The active member or members of the
applicant organization who will conduct the poker
games.

(f) Whether the members who will super-
vise the games have been convicted of any crime
except misdemeanor traffic violations.

(g) Whether any permit or license previ-
ously applied for or issued pursuant to the pro-
visions of this Article in regards to the applicant
has been denied or revoked.

(h) Sufficient facts relating to the applicant
organization to enable the Chief of Police to
determine whether it is a nonprofit charitable
organization as defined by this Article.

(i) The address to which notice, when re-
quired, is to be sent or mailed, and the name and
address of a person authorized to accept service
of process.

(j) Such other information as the Chief of
Police may require of an applicant in addition to
the other requirements of this Section. (Added by
Ord. 437-82, App. 9/3/82)

SEC. 3205A. VERIFICATION OF
APPLICATION.

Every application for a permit under this
Article shall be verified as provided in the Cali-
fornia Code of Civil Procedure for the verification
of pleadings. (Added by Ord. 437-82, App. 9/3/82)

1103

Regulations for Conducting Poker Games

Sec. 3210A.

SEC. 3206A. NOTICE OF HEARING.

When an application is filed for a permit
under this Article, the Chief of Police shall fix a
time and place for a public hearing thereon
within 60 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 where the
applicant intends to conduct poker games, and
the applicant shall maintain said notice as posted
the required number of days. Such notice shall
set forth the following:

(a) The name of the applicant organization.

(b) The day of the week and the time or
times when the applicant intends to conduct
poker games. (Added by Ord. 437-82, App. 9/3/
82)

SEC. 3207A. ISSUANCE OF PERMIT.

The Chief of Police shall issue a permit
within 14 days following a hearing as provided in
Section 3206A herein, based upon his investiga-
tion and subsequent to the public hearing pro-
vided for above, if he finds:

(a) 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 ordi-
nances.

(b) That the member or members who will
supervise the conducting of the games have not
been convicted in a court of competent jurisdic-
tion by final judgment of:

(i) An offense involving violation of Califor-
nia Penal Code Sections 319 through 337;

(iii) An offense involving the use of force
and violence upon the person of another; pro-
vided, that such person committed three sepa-
rate offenses within the past five years.

(d) The operation of the proposed poker
permit is not likely to be, or the actual operation
of the poker permit or the conduct of the permit-
tee is, not injurious to the health, safety, welfare
and interest of the people of the City. (Added by
Ord. 437-82, App. 9/3/82)

SEC. 3208A. AMENDMENT OF PERMIT.

Upon application submitted by an organiza-
tion which holds a permit pursuant to this Ar-
ticle and upon payment of a fee in the amount set
forth in Section 2.26 of the Police Code, the Chief
of Police may issue an amended permit authoriz-
ing poker games on days of the week, and at
times other than those set forth in the
organization's permit; provided, however, that
no such amended permit may authorize more
than 12 additional poker games to be conducted
during that period for which the organization's
license is applicable. (Added by Ord. 437-82,
App. 9/3/82)

SEC. 3209A. RULES AND REGULATIONS
BY CHIEF OF POLICE.

SEC. 3210A. ACCESS—INSPECTION.

The Police Department, in addition to its
several other duties, shall inspect any and all
establishments which have been licensed pursu-
ant to this Article. No licensee, or any other
person, may prevent any city, county, state or
federal peace or fire prevention officer, or build-
ing official or inspector, charged with the duty of
enforcing the laws of their respective jurisdic-
tion, from having free access to the premises at

Sec. 3210A.

San Francisco - Police Code

1104

all times it is open to the public, and at all other
reasonable times. (Added by Ord. 437-82, App.
9/3/82)

SEC. 3211A. REQUIREMENT TO KEEP
RECORDS.

Each licensee shall keep records of all poker
games conducted within the preceding 12-month
period. Such records shall include the following
information:

(a) The number of participants present at
each series of poker games;

(b) The total amount of fees collected, in-
cluding admission fees, for each series of poker
games;

(d) Such other information as the Chief of
Police may require in addition to the other re-
quirements of this Section. (Added by Ord. 437-
82, App. 9/3/82)

SEC. 3212A. EXAMINATION OF
RECORDS.

Each licensee shall keep all records required
by Section 32 11 A for a period of time not less
than 12 months.

The Chief of Police shall have the power to
examine or cause to be examined the books and
records of any licensed organization so far as
they may relate to poker games and to examine
any manager, officer, director, agent, member or
employee thereof under oath in relation to the
conduct of any such game.

Any information received shall not be dis-
closed except so far as may be necessary for the
purpose of carrying out the provisions of this
Article. (Added by Ord. 437-82, App. 9/3/82)

SEC. 3213A. REPORTS TO BE FILED
WITH CHIEF OF POLICE.

Every nonprofit charitable organization li-
censed pursuant to this Article must file with the
Chief of Police a report containing:

(a) The total amount of money received from
the operation of each series of poker games.

(b) All expenses connected with the opera-
tion of each series of poker games.

(c) Such other information as the Chief of
Police may require in addition to the other re-
quirements of this Section. (Added by Ord. 437-
82, App. 9/3/82)

SEC. 3214A. FREQUENCY OF FILING
REPORTS.

A report must be filed within 30 days after
any poker game is held, or, if the licensee con-
ducts more than one poker game each month, the
licensee may file the report specified in Section
3213A once every six months. (Added by Ord.
437-82, App. 9/3/82)

SEC. 3215A. FORMS PRESCRIBED BY
THE CHIEF OF POLICE.

The report required by Section 3213A of this
Article shall be made on standard forms pre-
scribed and furnished by the Chief of Police.
(Added by Ord. 437-82, App. 9/3/82)

SEC. 3216A. ANNUAL LICENSE.

Each organization proposing to conduct poker
games pursuant to this Article shall obtain an
annual license.

The fee for an annual license shall be in the
amount set forth in Section 2.27 of the Police
Code, payable in advance to the Tax Collector.

The license fee prescribed in this Section is
due and payable on a calendar year basis, start-
ing January 1st. Fees for a new license issued
prior to January 1st, or after the first day of
January, or in any subsequent calendar year,
shall be prorated with regard to the calendar
year on a monthly basis.

Nonprofit charitable organizations that are
duly certified to be senior citizen organizations
by the Commission on the Aging of the City and
County of San Francisco shall not be required to
pay those fees established by Sections 3203A,
3208A and 3216A of this Article. (Added by Ord.
437-82, App. 9/3/82)

1105

Regulations for Conducting Poker Games

Sec. 3222A.

SEC. 3217A. SUSPENSION AND
REVOCATION OF PERMIT.

The Chief of Police may suspend or revoke
any permit issued pursuant to this Article if he
finds after a noticed public hearing that any of
the following conditions exist:

(a) The operation, as conducted by the lic-
ensee, does not comply with all applicable laws,
including, but not limited to, the City's building,
health, zoning and fire ordinances; or

(b) A member or members who will be con-
ducting the games have been convicted in a court
of competent jurisdiction, by final judgment, of:

(i) An offense involving violation of Califor-
nia Penal Code Sections 319 through 337;

(iii) An offense involving the use of force
and violence upon the person of another provided
that such person committed three separate of-
fenses within the past five years;

(c) The licensee has knowingly made any
false, misleading or fraudulent statement of ma-
terial fact in the application for a permit.

(d) The operation of the proposed poker
license is likely to be, or the actual operation of
the poker license or the conduct of the licensee is,
injurious to the health, safety, welfare and inter-
est of the people of the City. (Added by Ord.
437-82, App. 9/3/82)

SEC. 3218A. LIMITED SUSPENSION.

Any permit issued under the terms of this
Article may be suspended for a period of 30 days
by the Chief of Police if the Chief of Police
determines after a noticed public hearing that
violation of any provision of this Article or of any
applicable building, health, zoning and fire ordi-
nances has occurred. (Added by Ord. 437-82,
App. 9/3/82)

SEC. 3219A. TRANSFER OF PERMIT.

No permit under the terms of this Article
may be sold, transferred or assigned by the

licensee, or by operation of law, to any other
person or persons or any legal entity; any such
sale, transfer or assignment, or attempted sale,
transfer or assignment, shall be deemed to con-
stitute a voluntary surrender of such permit
which thereafter shall be deemed terminated
and void. (Added by Ord. 437-82, App. 9/3/82)

SEC. 3220A. FORFEITURE OF LICENSE
FEE.

On revocation of the permit, no part of the
annual license fee shall be returned, but the said
license fee shall be forfeited to the City and
County of San Francisco. (Added by Ord. 437-82,
App. 9/3/82)

SEC. 3221A. PENALTIES.

The following penalties shall be imposed for
violations of this Article:

(a) Any person who receives a profit, wage
or salary from any poker game authorized by
this Article shall be guilty of a misdemeanor and
upon conviction thereof such person shall be
punished by a fine not to exceed $10,000, which
fine shall be deposited in the general fund of the
City and County of San Francisco. This section
shall not apply to the fees provided for in this
Article and collected by the licensed organization
conducting a poker game or series of games, or to
the winnings of any player of said game or
games.

(b) Any person violating any provision of
this Article other than set forth in Section 3221 A
(a) shall be guilty of a misdemeanor and upon
conviction thereof shall be punished for the first
offense by a fine not to exceed $1000 and for the
second and each additional offense committed
within one year from the date of the first offense
by a fine not to exceed $2000 or imprisonment in
the County Jail for a period not to exceed six
months. (Added by Ord. 437-82, App. 9/3/82)

SEC. 3222A. INJUNCTION.

The City and County of San Francisco may
bring an action to enjoin the violations of this
Article. (Added by Ord. 437-82, App. 9/3/82)

Sec. 3223A. San Francisco - Police Code 1106

SEC. 3223A. INAPPLICABILITY OF
OTHER LAWS.

Articles 3 and 9.6 of Part II, Chapter VIII, of
the San Francisco Municipal Code (Police Code)
shall not apply to any poker game conducted
within the territorial limits of the City and
County of San Francisco pursuant to the provi-
sions of this Article. (Added by Ord. 437-82, App.
9/3/82)

SEC. 3224A. SEVERABILITY.

If any section, subsection, subdivision, para-
graph, sentence, clause or phrase of the Article
or any part thereof, is for any reason to be held
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 de-
clares 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, sub-
divisions, paragraphs, sentences, clauses or
phrases be declared unconstitutional or invalid
or ineffective. (Added by Ord. 437-82, App. 9/3/
82)

[The next page is 1117]

ARTICLE 33: PROHIBITING DISCRIMINATION BASED ON RACE, COLOR,

ANCESTRY, NATIONAL ORIGIN, PLACE OF BIRTH, SEX, AGE, RELIGION, CREED,

DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY, WEIGHT, OR HEIGHT

Sec. 3301. Policy.

Sec. 3302. Findings.

Sec. 3303. Employment.

Sec. 3304. Housing.

Sec. 3305. Business Establishments and

Public Accommodations.

Sec. 3305.1. Home Delivery Services.

Sec. 3305.2. Association and Retaliation.

Sec. 3306. Liability.

Sec. 3307. Enforcement.

Sec. 3308. Criminal Penalty.

Sec. 3309. Limitation on Actions.

Sec. 3310. Definition.

Sec. 3311. Severability.

Sec. 3312. City Liability Limited.

SEC. 3301. POLICY.

It is the policy of the City and County of San
Francisco to eliminate discrimination based on
race, color, ancestry, national origin, place of
birth, sex, age, religion, creed, disability, sexual
orientation, gender identity, weight or height
within the City and County. (Amended by Ord.
184-81, App. 4/20/81; Ord. 433-94, App. 12/30/94;
Ord. 222-02, File No. 021462, App. 11/15/2002)

SEC. 3302. FINDINGS.

After public hearings and consideration of
testimony and documentary evidence, the Board
of Supervisors finds that discrimination based
on race, color, ancestry, national origin, place of
birth, sex, age, religion, creed, disability, sexual
orientation, gender identity, weight or height
exists in the City and County of San Francisco.
The Board finds further that such discrimination
poses a substantial threat to the health, safety
and general welfare of this community. Such
discrimination foments strife and unrest, and it
deprives the City and County of the fullest

utilization of its capacities for development and
advancement. The Board finds further that ex-
isting State and federal restraints on arbitrary
discrimination are not adequate to meet the
particular problems of this community, and that
it is necessary and proper to enact local regula-
tions adapted to the special circumstances which
exist in this City and County. (Amended by Ord.
184-81, App. 4/20/81; Ord. 433-94, App. 12/30/94;
Ord. 222-02, File No. 021462, App. 11/15/2002)

SEC. 3303. EMPLOYMENT.

(a) Prohibited Activity. It shall be unlaw-
ful for any person to do any of the following acts
wholly or partially because of an employee's,
independent contractor's or an applicant for
employment's actual or perceived race, color,
ancestry, national origin, place of birth, sex, age,
religion, creed, disability, sexual orientation, gen-
der identity, weight or height:

(1) By an employer: To fail or refuse to hire,
or to discharge any individual; to discriminate
against any individual with respect to compen-
sation, terms, conditions or privileges of employ-
ment, including promotion; or to limit, segregate
or classify employees in any way which would
deprive or tend to deprive any individual of
employment opportunities, or otherwise ad-
versely affect his/her status as an employee;

(2) By an employment agency: To fail or
refuse to refer for employment of for consider-
ation as an independent contractor any indi-
vidual; or otherwise to discriminate against any
individual;

1117

Sec. 3303.

San Francisco - Police Code

1118

opportunities, or would limit such employment
opportunities, or otherwise adversely affect his/
her status as an employee or as an applicant for
employment;

(4) By a person engaging the services of an
independent contractor: To fail or refuse to en-
gage the services of, or to terminate the services
of, any independent contractor; to discriminate
against any independent contractor with respect
to the terms or conditions under which the
contracted for work is performed or evaluated or
otherwise to deprive or tend to deprive such
individual of a fair opportunity to perform the
contracted for work;

(5) By an employer, employment agency or
labor organization:

(i) To discriminate against any individual
in admission to, or employment in, any program
established to provide apprenticeship or other
training or retraining, including any on-the-job
training program,

(ii) To print, publish, advertise or dissemi-
nate in any way, or cause to be printed, pub-
lished, advertised or disseminated in any way,
any notice or advertisement with respect to em-
ployment, membership in, or any classification
or referral for employment or training by any
such organization, which indicates an unlawful
discriminatory preference.

(b) Bona Fide Occupational Qualifica-
tion Not Prohibited; Burden of Proof.

(1) Nothing contained in this Section shall
be deemed to prohibit selection or rejection based
upon a bona fide occupational qualification;

(2) In any action brought under Section
3307 of this Article (Enforcement), if a party
asserts that an otherwise unlawful discrimina-
tory practice is justified as a bona fide occupa-
tional qualification, that party shall have the
burden of proving: (1) that the discrimination is
in fact a necessary result of a bona fide occupa-
tional qualification; and (2) that there exists no
less discriminatory means of satisfying the occu-
pational qualification.

(1) It shall not be an unlawful discrimina-
tory practice for an employer to observe the
conditions of a bona fide seniority system or a
bona fide employee benefit system, provided such
systems or plans are not a subterfuge to evade
the purposes of this Article; provided, further,
that no such system shall provide a pretext to
discriminate against an individual because of his
or her actual or perceived race, color, ancestry,
national origin, place of birth, sex, age, religion,
creed, disability, sexual orientation, gender iden-
tity, weight, or height;

(2) Nothing in this Section shall be con-
strued to apply to employment by any business
which employs five or fewer employees including
the owner and any management and superviso-
rial employees.

(d) Notice. All employers with a business
tax registration certificate from the City shall
post in conspicuous places, available to employ-
ees and independent contractors, a non-discrimi-
nation in employment notice in such form and
content as shall be created and approved by the
Human Rights Commission. The notice shall
inform employees and independent contractors
that employers and persons engaging the ser-
vices of an independent contractor are prohibited
from discriminating in the recruitment, selec-
tion, training, promotion and termination of em-
ployees, or in the recruitment, engagement, uti-
lization or termination of independent contractors
based on any of the categories specified in this
Section. The notice shall measure at least 8V2 by
11 inches and be in ten-point type or larger. The
notice shall be distributed by the Human Rights
Commission to all businesses with a business tax
registration certificate issued by the Tax Collec-
tor and annually to all new such businesses.
(Amended by Ord. 184-81, App. 4/20/81; Ord.
433-94, App. 12/30/94; Ord. 255-99, File No.
991146, App. 10/8/99; Ord. 101-00, File No. 000476,
App. 5/26/2000; Ord. 59-01, File No. 010141,
App. 4/13/2001; Ord. 222-02, File No. 021462,
App. 11/15/2002)

SEC. 3304. HOUSING.

(a) Prohibited Activity. It shall be unlaw-
ful for any person to do any of the following acts
wholly or partially because of a person's actual or

1119 Prohibiting Discrimination Based on Race, Color,

Ancestry, National Origin, Place of Birth, Sex, Age, Religion, Creed,
Disability, Sexual Orientation, Gender Identity, Weight, or Height

Sec. 3305.

perceived race, color, ancestry, national origin,
place of birth, sex, age, religion, creed, disability,
sexual orientation, gender identity, source of
income, weight, or height:

(1) To interrupt, terminate, or fail or refuse
to initiate or conduct any transaction in real
property, including but not limited to the rental
thereof; to require different terms for such trans-
action; or falsely to represent that an interest in
real property is not available for transaction;

(2) To include in the terms or conditions of a
transaction in real property any clause, condi-
tion or restriction;

(3) To refuse to lend money, guarantee the
loan of money, accept a deed of trust or mortgage,
or otherwise refuse to make available funds for
the purchase, acquisition, construction, alter-
ation, rehabilitation, repair or maintenance of
real property; or impose different conditions on
such financing; or refuse to provide title or other
insurance relating to the ownership or use of any
interest in real property;

(4) To refuse or restrict facilities, services,
repairs or improvements for any tenant or les-
see;

(5) To make, print, publish, advertise or
disseminate in any way, or cause to be made,
printed or published, advertised or disseminated
in any way, any notice, statement or advertise-
ment with respect to a transaction or proposed
transaction in real property, or with respect to
financing related to any such transaction, which
unlawfully indicates preference, limitation or
discrimination based on race, color, ancestry,
national origin, place of birth, sex, age, religion,
creed, disability, sexual orientation, gender iden-
tity, source of income, weight, or height.

For purposes of this Subsection (a), "source of
income" means all lawful sources of income or
rental assistance from any federal, State, local,
or nonprofit-administered benefit or subsidy pro-
gram. "Source of income" also means a rental
assistance program, homeless assistance pro-
gram, security deposit assistance program or
housing subsidy program. "Source of income"
includes any requirement of any such program
or source of income, or rental assistance.

(b) Prohibited Economic Discrimina-
tion. It shall be unlawful for any person to use a
financial or income standard for the rental of
housing that does either of the following:

(1) Fails to account for any rental payments
or portions of rental payments that will be made
by other individuals or organizations on the
same basis as rental payments to be made di-
rectly by the tenant or prospective tenant;

(2) Fails to account for the aggregate in-
come of persons residing together or proposing to
reside together, or aggregate income of tenants
or prospective tenants and their cosigners or
proposed cosigners, on the same basis as the
aggregate income of married persons residing
together or proposing to reside together.

(1) Nothing in this Article shall be con-
strued to apply to the rental or leasing of any
housing unit in which the owner or any member
of his or her family occupies one of the living
units and: (1) it is necessary for the owner to use
either a bathroom or kitchen facility in common
with the prospective tenant; or (2) the structure
contains less than three dwelling units;

(2) Nothing in this Article shall be deemed
to permit any rental or occupancy of any dwell-
ing unit or commercial space otherwise prohib-
ited by law. (Amended by Ord. 184-81, App.
4/20/81; Ord. 433-94, App. 12/30/94; Ord. 251-98,
App. 7/31/98; Ord. 255-99, File No. 991146, App.
10/8/99; Ord. 101-00, File No. 000476, App. 5/26/
2000; Ord. 222-02, File No. 021462, App. 11/15/
2002)

SEC. 3305. BUSINESS
ESTABLISHMENTS AND PUBLIC
ACCOMMODATIONS.

(a) Prohibited Activity. It shall be unlaw-
ful for any person to do any of the following acts
wholly or partially because of a person's actual or
perceived race, color, ancestry, national origin,
place of birth, sex, age, religion, creed, disability,
sexual orientation, gender identity, weight, or
height:

(1) To deny, directly or indirectly, any per-
son the full and equal enjoyment of the goods,
services, facilities, privileges, advantages, and
accommodations of any business establishment
or public accommodation;

Sec. 3305.

San Francisco ■ Police Code

1120

(2) Except as otherwise permitted by law, to
deny, directly or indirectly, any person admit-
tance to the premises of the business establish-
ment or public accommodation. No business es-
tablishment or public accommodation requesting
or requiring identification documents to demon-
strate or confirm a person's proof of age may
deny admittance to any person displaying one
valid identification document as proof of age. For
purposes of Section 3305(a)(2), the term "valid
identification document" means a document which
contains the name, date of birth and picture of
the person presenting the document, and is is-
sued by a federal, state, county or municipal
government, or subdivision or agency thereof,
including, but not limited to, a motor vehicle
operator's license or identification card issued to
a member of the Armed Forces;

(3) To make, print, publish, advertise or
disseminate in any way, or cause to be made,
printed, published, advertised or disseminated
in any way, any notice, statement or advertise-
ment with respect to any business establishment
or public accommodation which indicates that
the full enjoyment of such business establish-
ment or public accommodation will be unlaw-
fully refused an individual;

(4) For business establishments and public
accommodations to discriminate in any manner
described in Subsections (a)(1), (a)(2), or (a)(3)
between patrons with domestic partners and
patrons with spouses, and/or between the domes-
tic partners and spouses of such patrons, where
the domestic partnership has been registered
with a governmental entity pursuant to State or
local law authorizing such registration;

(5) For any business establishment or pub-
lic accommodation to boycott or blacklist, to
surcharge, or to refuse to buy from, contract
with, sell to, or trade with any person. (Amended
by Ord. 184-81, App. 4/20/81; Ord. 17-92, App.
1/21/92; Ord. 433-94, App. 12/30/94; Ord. 265-98,
App. 8/21/98; Ord. 255-99, File No. 991146, App.
10/8/99; Ord. 101-00, File No. 000476, App. 5/26/
2000; Ord. 222-02, File No. 021462, App. 11/15/
2002)

SEC. 3305.1.
SERVICES.

HOME DELIVERY

(a) It shall be unlawful for any person or
business entity to refuse to provide home deliv-
ery services to any residential address within the
City and County of San Francisco falling within
that person's or business entity's normal service
range. A person or business entity may not set its
normal service range to exclude a neighborhood
or location based upon the race, color, ancestry,
national origin, place of birth, sex, age, religion,
creed, disability, sexual orientation, gender iden-
tity, weight or height, of the residents of that
neighborhood or location. Where a person or
business entity regularly advertises home deliv-
ery services to the entire City and County, that
person or business entity's "normal service range"
shall be defined by the geographic boundaries of
the City and County.

(b) For purposes of this Section, "home de-
livery services" shall mean the delivery of mer-
chandise to residential addresses, when such
services are regularly advertised or provided by
any person or business entity.

(c) Notwithstanding any other provision of
this Section, it shall not be unlawful for a person
or business entity to refuse to provide home
delivery services to a residential address if (i) the
occupants at that address have previously re-
fused to pay in full for services provided to them
by that person or business entity; or (ii) such
refusal is necessary for the employer to comply
with any applicable State or federal occupational
safety and health requirements or existing union
contract; or (hi) the person or business entity has
a reasonable good faith belief that providing
delivery services to that address would expose
delivery personnel to an unreasonable risk of
harm. (Added by Ord. 217-96, App. 5/30/96;
amended by Ord. 295-96, App. 7/17/96; Ord.
222-02, File No. 021462, App. 11/15/2002)

SEC. 3305.2. ASSOCIATION AND
RETALIATION.

(a) Association. It shall be unlawful for
any person to do any of the acts described in
Sections 3303(a), 3304(a), 3305(a), or 3305.1(a)

1121 Prohibiting Discrimination Based on Race, Color,

Ancestry, National Origin, Place of Birth, Sex, Age, Religion, Creed,
Disability, Sexual Orientation, Gender Identity, Weight, or Height

Sec. 3307.

wholly or partially because a person associates
with a person or persons who are protected by
this Article from discrimination based on their
actual or perceived race, color, ancestry, national
origin, place of birth, sex, age, religion, creed
disability, sexual orientation, gender identity,
weight or height.

(b) Retaliation. It shall be unlawful for
any person to do any of the acts described in
Sections 3303(a), 3304(a), 3305(a), or 3305.1(a)
wholly or partially in retaliation against a per-
son because that person:

(i) Has opposed any act or practice made
unlawful by this Article;

(ii) Has supported this Article and its en-
forcement;

(iii) Has filed a complaint under this Article
with the San Francisco Human Rights Commis-
sion or any court; or

(iv) Has testified, assisted or participated
in any investigation, proceeding, or litigation
under this Article. (Added by Ord. 222-02, File
No. 021462, App. 11/15/2002)

SEC. 3306. LIABILITY.

Any person who violates any of the provisions
of this Article or who aids in the violation of any
provisions of this Article shall be liable for, and
the court must award to the individual whose
rights are violated, three times the amount of
special and general damages, or, in the case of
unlawful discrimination in the rental of a unit,
three times the amount of one month's rent that
the landlord charges for the unit in question. In
all cases, the court may award in addition thereto,
not less than $200 but not more than $400,
together with attorney's fees, costs of action, and
punitive damages. (Amended by Ord. 184-81,
App. 4/20/81; Ord. 400-87, App. 9/25/87; Ord.
222-02, File No. 021462, App. 11/15/2002)

SEC. 3307. ENFORCEMENT.

(a) Human Rights Commission. Any per-
son who believes that he or she has been dis-
criminated against in violation of Sections 3303,
3305, and/or 3305.2 of this Article relating to
employment or business establishments and pub-

lic accommodations may file with the Human
Rights Commission a request to have the Com-
mission investigate and mediate his or her com-
plaint under the provisions of Chapter 12A of the
Administrative Code of the City and County of
San Francisco.

(b) Human Rights Commission.

(1) Any person or organization who believes
that a violation of Sections 3304 and/or 3305.2 of
this Article relating to housing has occurred may
file with the Human Rights Commission a veri-
fied complaint in writing.

(2) Upon the filing with the Commission of
a verified written complaint, the Director of the
Human Rights Commission or a designated mem-
ber of the Commission staff, shall make, within
10 days, a full and prompt investigation in
connection therewith. If, upon such investiga-
tion, the Director finds that the person charged
in the complaint has not engaged in or is not
engaging in such unlawful practice, such finding,
in writing, shall be filed with the Commission
and the complaint shall be dismissed. In addi-
tion to the other action the Director may or shall
take, if, upon such investigation, the Director
determines that probable cause exists for the
allegations made in the complaint, the Director
in his or her discretion may endeavor to elimi-
nate the unlawful practice charged in the com-
plaint by means of conciliation and persuasion.

(3) If the Director determines there is prob-
able cause to conclude that an unlawful act of
discrimination has occurred, the Director shall
ask the respondent to withhold the housing
accommodation that is the subject of the com-
plaint from the housing market. If the respon-
dent does not agree to withhold the housing
accommodation, the Director shall post on the
door of the housing accommodation a notice
stating that the housing accommodations are the
subject of a complaint before the Commission.
The notice shall remain posted until a final
decision by the hearing officer. Any destruction,
defacement, alteration or removal of the notice
by the respondent or his or her agents shall be an

Sec. 3307.

San Francisco - Police Code

1122

infraction and upon conviction thereof shall be
punished by a fine of not less than $250 nor more
than $500.

(4) If, at any time after a complaint has
been filed, the Director determines that appro-
priate civil action to preserve the status quo or to
prevent irreparable harm appears advisable, the
Director shall refer the matter to the City Attor-
ney for appropriate legal action. Appropriate
legal action includes the seeking of injunctive
relief to enjoin the owner of the property from
taking further action with respect to the rental,
lease, or sale of the property until the Commis-
sion has completed its investigation and made
its determination. The Director shall notify the
parties of such referral to the City Attorney and
notify the complainant that he or she may ini-
tiate independently appropriate civil action to
seek injunctive relief.

(5) If the unlawful practice is not elimi-
nated within 20 days after the filing of the
complaint, the Director shall designate a person,
other than a member of the Commission, to serve
as a hearing officer. This person shall preside
over a hearing at which the parties may offer
such documents, testimony, written declarations
or other evidence as may be pertinent to the
proceedings. The hearing shall be recorded and
all evidence preserved for the record. The hear-
ing shall be held within 45 days of the filing of
the complaint.

(6) The hearing officer shall render a deci-
sion which shall include written findings of fact.
The decision and findings shall be mailed within
30 days of the hearing.

(7) If the hearing officer finds that the re-
spondent has engaged in a discriminatory prac-
tice in violation of this Article, the hearing officer
shall issue an order requiring the respondent to
cease and desist from the practice and to offer
the housing accommodation to the complainant
under the terms for which the unit was offered to
the public. The respondent shall not be required
to offer the housing accommodation to the com-
plainant if the unit has already been rented by a
tenant who has occupied the unit in good faith

without knowledge of the pending complaint but
the respondent shall be required to offer a com-
parable unit, if available, to the complainant.

(8) The decision of the hearing officer shall
be final unless the Commission vacates his or
her decision on appeal.

(9) Either party may file an appeal of the
hearing officer's decision with the Commission.
Such an appeal to the Commission from the
determination of the hearing officer must be
made within 15 days of the mailing of the deci-
sion and findings of fact. The appeal shall be in
writing and must state the grounds for appellant's
claim that there was either error or abuse of
discretion on the part of the hearing officer. Each
appeal shall be accompanied by a $15 filing fee;
provided, however, the fee shall be waived for an
individual who files an affidavit under penalty of
perjury stating that he or she is an indigent
person who does not have and cannot obtain the
money to pay the filing fee without using money
needed for the necessities of life. The filing of an
appeal will not stay the effect of the hearing
officer's decision.

(10) Upon receipt of an appeal, the entire
administrative record of the matter, including
the appeal, shall be filed with the Commission.

(11) The Commission may in its discretion
determine to hear an appeal. In deciding whether
to hear an appeal, the Commission shall con-
sider, among other things, fairness to the par-
ties, hardship to either party and promotion of
the policies and purposes of this Article. In
determining whether to hear an appeal the Com-
mission may also review material from the ad-
ministrative record of the matter as it deems
necessary. A vote of the majority of the Commis-
sion shall be required for an appeal to be heard.

(12) In those cases where the Commission
is able to determine on the basis of the docu-
ments before it that the hearing officer has
erred, the Commission may without determining
whether to hear the appeal remand the case for
further hearing in accordance with its instruc-
tions without conducting an appeal hearing. Both
parties shall be notified as to the time of the
re-hearing, which shall be conducted within 30

1123 Prohibiting Discrimination Based on Race, Color,

Ancestry, National Origin, Place of Birth, Sex, Age, Religion, Creed,
Disability, Sexual Orientation, Gender Identity, Weight, or Height

Sec. 3310.

days of the remand by the Commission. In those
cases where the Commission is able to determine
on the basis of the documents before it that the
hearing officer's findings contain numerical or
clerical inaccuracies, or require clarification, the
Commission may continue the hearing for pur-
poses of referring the case back to said hearing
officer in order to correct the findings.

(13) Appeals accepted by the Commission
shall be heard within 45 days of the filing of an
appeal. Within 30 days of the filing of an appeal,
both parties shall be notified in writing as to
whether the appeal has been accepted. If the
appeal has been accepted, the notice shall state
the time of the hearing and the nature of the
hearing. Such notice must be mailed at least 10
days prior to the hearing.

(14) At the appeal hearing, the parties shall
have an opportunity to present oral and written
argument in support of their positions. The Com-
mission may in its discretion allow the parties to
present additional evidence that was not consid-
ered by the hearing officer. After such hearing
and after any further investigation which the
Commission may deem necessary, the Commis-
sion may, upon hearing the appeal, affirm, re-
verse or modify the hearing officer's decision or
may remand the case for further hearing in
accordance with its findings. The Commission's
decision must be rendered within 45 days of the
completion of the hearing and the parties must
be notified of such decision.

(15) In accordance with the above subsec-
tion, the Commission shall give the parties writ-
ten notice of the decision. The notice shall state
that the decision is final.

(16) The Commission shall adopt reason-
able procedures to carry out the purposes of
Section 3307(b).

(d) Injunction.

(1) Any person who commits, or proposes to
commit, an act in violation of this Article may be
enjoined therefrom by any court of competent
jurisdiction.

(2) Action for injunction under this subsec-
tion may be brought by any aggrieved person, by
the District Attorney, by the City Attorney, or by
any person or entity which will fairly and ad-
equately represent the interests of the protected
class.

(e) Bar. A complaint to the Human Rights
Commission is not a prerequisite to the filing of
a civil action under this Section. The pendency of
a complaint before the Human Rights Commis-
sion shall not bar any civil action under this
Section, but a final judgment in any civil action
shall bar any further proceedings by the Human
Rights Commission. (Amended by Ord. 184-81,
App. 4/20/81; Ord. 400-87, App. 9/25/87; Ord.
222-02, File No. 021462, App. 11/15/2002)

SEC. 3308. CRIMINAL PENALTY.

Any person who violates any provision of
Section 3304 of this Article shall be deemed
guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine of not more
than $2,000 or by imprisonment in the County
Jail for a period of not more than six months, or
both.

Any person believing that a violation of said
Section has been committed may file a complaint
with the District Attorney. (Added by Ord. 400-
87, App. 9/25/87)

SEC. 3309. LIMITATION ON ACTIONS.

Judicial actions or requests to the Human
Rights Commission under this Article must be
filed within one year of the alleged discrimina-
tory acts. (Amended by Ord. 184-81, App. 4/20/
81; Ord. 400-87, App. 9/25/87)

SEC. 3310. DEFINITION.

The word "person" as used in this Article
shall mean any individual, person, firm, corpo-
ration, business or other organization or group of
persons however organized. For the purposes of
Section 3305(a)(5), "person" shall also mean, and
include the partners, managers, employees,
agents, business associates, suppliers or custom-

Sec. 3310. San Francisco - Police Code 1124

ers of a firm, corporation, business or other
organization. (Amended by Ord. 184-81, App.
4/20/81; Ord. 400-87, App. 9/25/87; Ord. 222-02,
File No. 021462, App. 11/15/2002)

SEC. 3311. SEVERABILITY.

If any part or provision of this Article, or the
application thereof to any person or circum-
stance, is held invalid, the remainder of the
Article, including the application of such part or
provision to other persons or circumstances, shall
not be affected thereby and shall continue in full
force and effect. To this end, provisions of this
Article are severable. (Amended by Ord. 184-81,
App. 4/20/81; Ord. 400-87, App. 9/25/87)

SEC. 3312. CITY LIABILITY LIMITED.

The addition of "gender identity" to this or-
dinance shall not be construed to interfere with
the City's duty to protect the health and safety of
incarcerated persons. To this end, the prohibi-
tion on gender identity discrimination in this
ordinance shall not be construed to impose any
duty on the City, its officers or its employees for
breach of which they are liable to any incarcer-
ated person who claims that such breach proxi-
mately caused an injury which arose, while such
person was in the custody of the City, from
actions of its officers or employees intended to
protect the health and safety of the person.
(Added by Ord. 433-94, App. 12/30/94)

[The next page is 1133]

ARTICLE 33A: PROHIBITION OF EMPLOYER INTERFERENCE

WITH EMPLOYEE RELATIONSHIPS AND ACTIVITIES AND

REGULATIONS OF EMPLOYER DRUG TESTING OF EMPLOYEES

Sec.

3300A.1.

Policy.

Sec.

3300A.2.

Definitions.

Sec.

3300A.3.

Employer Interference in
Personal Relationships of
Employees Prohibited.

Sec.

3300A.4.

Conflicts of Interest.

Sec.

3300A.5.

Employer Prohibited from
Testing of Employees.

Sec.

3300A.6.

Medical Screening for Exposure
to Toxic Substances.

Sec.

3300A.7.

Prohibiting Use of Intoxicating
Substances During Working
Hours; Discipline for Being
Under the Influence of
Intoxicating Substances During
Working Hours.

Sec.

3300A.8.

Enforcement.

Sec.

3300A.9.

City Undertaking Limited to
Promotion of General Welfare.

Sec.

3300A. 10. Preemption.

Sec.

3300A.11. Severability.

SEC. 3300A.1. POLICY.

It is the public policy of the City and County
of San Francisco that all citizens enjoy the full
benefit of the right to privacy in the workplace
guaranteed to them by Article 1, Section 1 of the
California Constitution. It is the purpose of this
Article to protect employees against unreason-
able inquiry and investigation into off-the-job
conduct, associations, and activities not directly
related to the actual performance of job respon-
sibilities. (Added by Ord. 527-85, App. 12/2/85)

SEC. 3300A.2. DEFINITIONS.

(1) Employee shall mean any person work-
ing for salary or wages within the City and
County of San Francisco, other than members of
the uniformed ranks of the police, sheriffs and
fire departments, police department communica-

tion dispatchers, and any persons operating emer-
gency service vehicles for the City and County of
San Francisco.

(2) Employee labor organization shall
mean any organization that exists and is consti-
tuted for the purpose, in whole or in part, of
collective bargaining or of dealing with employ-
ers concerning grievances, terms or conditions of
employment, or of other mutual aid or protec-
tion.

(3) Employer shall mean the City and
County of San Francisco, any individual, firm,
corporation, partnership, or other organization
or group of persons however organized, located
or doing business within the City and County of
San Francisco, that employs personnel for salary
or wages, or any person acting as an agent of
such an organization. (Added by Ord. 527-85,
App. 12/2/85)

SEC. 3300A.3. EMPLOYER
INTERFERENCE IN PERSONAL
RELATIONSHIPS OF EMPLOYEES
PROHIBITED.

No employer may make, adopt, or enforce
any rule or policy forbidding or preventing em-
ployees from engaging or participating in per-
sonal relationships, organizations, activities, or
otherwise restricting their freedom of associa-
tion, unless said relationships, activities, or as-
sociations have a direct and actual impact on the
employees' ability to perform their assigned re-
sponsibilities. (Added by Ord. 527-85, App. 12/2/
85)

SEC. 3300A.4. CONFLICTS OF
INTEREST.

It is not the intention of the Board of Super-
visors in adopting this Article to prohibit an
employer from promulgating or enforcing rules
or policies prohibiting conflicts of interest, which

1133

Sec. 3300A.4.

San Francisco - Police Code

1134

prohibit employees from making, participating
in making, influencing or in tempting to influ-
ence decisions in which they have a financial
interest, as such would be defined under Govern-
ment Code Section 81000 et seq. were they
public officials, or which prohibit employees from
being financially interested, within the meaning
of Government Code Section 1090, et seq. were
they public employees, in any contract made by
them in their capacity as employees. (Added by
Ord. 527-85, App. 12/2/85)

SEC. 3300A.5. EMPLOYER PROHIBITED
FROM TESTING EMPLOYEES.

No employer may demand, require, or re-
quest employees to submit to, to take or to
undergo any blood, urine, or encephalography
test in the body as a condition of continued
employment. Nothing herein shall prohibit an
employer from requiring a specific employee to
submit to blood or urine testing if:

(a) The employer has reasonable grounds to
believe that an employee's faculties are impaired
on the job; and

(b) The employee is in a position where
such impairment presents a clear and present
danger to the physical safety of the employee,
another employee or to a member of the public;
and

(c) The employer provides the employee, at
the employer's expense, the opportunity to have
the sample tested or evaluated by State licensed
independent laboratory/testing facility and pro-
vides the employee with a reasonable opportu-
nity to rebut or explain the results.

In conducting those tests designed to identify
the presence of chemical substances in the body,
and not prohibited by this Section, the employer
shall ensure to the extent feasible that the test
only measures and that its records only show or
make use of information regarding chemical sub-
stances in the body which are likely to affect the
ability of the employee to perform safely his or
her duties while on the job.

Under no circumstances may employers re-
quest, require or conduct random or company-
wide blood, urine or encephalographic testing.

In any action brought under this Article
alleging that the employer had violated this
Section, the employer shall have the burden of
providing that the requirements of Subsections
(a), (b) and (c) as stated above have been satis-
fied. (Added by Ord. 527-85, App. 12/2/85)

SEC. 3300A.6. MEDICAL SCREENING
FOR EXPOSURE TO TOXIC
SUBSTANCES.

Nothing in this Article shall prevent any
employer from conducting medical screening,
with the express written consent of the employ-
ees, to monitor exposure to toxic or other un-
healthy substances in the workplace or in the
performance of their job responsibilities. Any
such screenings or tests must be limited to the
specified substances expressly identified in the
employee consent form. (Added by Ord. 527-85,
App. 12/2/85)

SEC. 3300A.7. PROHIBITING USE OF
INTOXICATING SUBSTANCES DURING
WORKING HOURS; DISCIPLINE FOR
BEING UNDER THE INFLUENCE OF
INTOXICATING SUBSTANCES DURING
WORKING HOURS.

Nothing in this Article shall restrict an
employer's ability to prohibit the use of intoxi-
cating substances during work hours, or restrict
an employer's ability to discipline employees for
being under the influence of intoxicating sub-
stances during work hours. (Added by Ord. 527-
85, App. 12/2/85)

SEC. 3300A.8. ENFORCEMENT.

(a) Any aggrieved person may enforce the
provisions of this Article by means of a civil
action. Any person who violates any of the pro-
visions of this Article or who aids in the violation
of this Article shall be liable to the person ag-
grieved for special and general damages, to-
gether with attorney's fees and the costs of
action.

(b) Injunction.

(1) Any person who commits, or proposes to
commit, an act in violation of this Article may be
enjoined therefrom by any court of competent
jurisdiction.

1135 Prohibition of Employer Interference with Employee Sec. 3300A.11.

Relationships and Activities and Regulations of Employer

Drug Testing of Employees

(2) An action for injunctive relief under this
subsection may be brought by any aggrieved
person, by the District Attorney, or by the City
Attorney, or by any person or entity which will
fairly and adequately represent the interests of
the protected class. (Added by Ord. 527-85, App.
12/2/85)

SEC. 3300A.9. CITY UNDERTAKING
LIMITED TO PROMOTION OF GENERAL
WELFARE.

SEC. 3300A.10. PREEMPTION.

In adopting this Article, the Board of Super-
visors does not intend to regulate or affect the
rights or authority of an employer to do those
things that are required, directed, or expressly
authorized by federal or state law or administra-
tive regulation or by a collective bargaining
agreement between an employer and an em-
ployer labor organization. Further, in adopting
this Article, the Board of Supervisors does not
intend to prohibit that which is prohibited by
federal or state law or administrative regulation
or by a collective bargaining agreement between
an employer and an employee labor organiza-
tion. (Added by Ord. 527-85, App. 12/2/85)

SEC. 3300A.11. SEVERABILITY.

If any part or provision of this Article, or the
application thereof to any person or circum-
stance, is held invalid, the remainder of this
Article, including the application of such part or
provision to other persons or circumstances, shall
not be affected thereby and shall continue in full
force and effect. To this end, provisions of this
Article are severable. (Added by Ord. 527-85,
App. 12/2/85)

Sec. 3300A.11. San Francisco - Police Code 1136

[The next page is 1141]

ARTICLE 33B: PROHIBITION AGAINST DISCRIMINATION BY CLUBS
OR ORGANIZATIONS WHICH ARE NOT DISTINCTLY PRIVATE

Sec. 3300B.1.
Sec. 3300B.2.
Sec. 3300B.3.

Sec. 3300B.4.

Sec. 3300B.5.
Sec. 3300B.6.
Sec. 3300B.7.

Findings and Purpose.

Definitions.

Prohibition Against

Discrimination .

Prohibited Practices: City

Meetings.

Enforcement and Penalties.

No Criminal Penalties.

Severability.

FINDINGS AND

SEC. 3300B.1.
PURPOSE.

After public hearing and receipt of testimony,
the Board of Supervisors finds and declares that:

(1) Discriminatory practices of certain clubs
or organizations where business is frequently
conducted and personal contacts valuable for
business purposes, employment and professional
advancement are formed are a significant bar-
rier to the advancement of women and minori-
ties in the business and professional life of the
City and County of San Francisco.

(2) While such clubs or organizations avow-
edly may have been formed for social or civic
purposes, the commercial nature of many of
their activities and the extent to which these
activities have had a prejudicial impact on the
business, professional and employment opportu-
nities of women and minorities are of significant
magnitude.

(3) Business activity most frequently occurs
in clubs or organizations which have more than
four hundred members and which provide regu-
lar meal services facilitating the conduct of such
business.

(4) Employers often pay their employees'
membership dues and expenses at such clubs or
organizations because the employees' activities
at said clubs or organizations serve to develop
and enhance the employer's business. Such clubs

or organizations also rent their facilities for use
as conference rooms for business meetings at-
tended by nonmembers.

(5) Clubs or organizations where the above
practices occur provide benefits to business enti-
ties and persons other than members and thus
are not in fact "distinctly private" in their na-
ture.

(6) The City has a compelling interest in
eradicating discrimination based on race, color,
ancestry, national origin, place of birth, sex, age,
religion, creed, disability, sexual orientation, gen-
der identity, weight, or height in order to assure
all of its citizens a fair and equal opportunity to
participate in the business and professional life
of the City. Conduct and practices which exclude
persons from entry to, consideration for member-
ship in, or the full advantages and privileges of
such membership on these bases are discrimina-
tory and unacceptable, and are injurious to the
body politic, the business community and the
City. Accordingly, the City's interest in eliminat-
ing such conduct and practices in clubs or orga-
nizations covered by this Article outweighs the
interest of their members in private association.

(7) While the Board of Supervisors recog-
nizes the interest in private association asserted
by club members, it finds that this interest does
not overcome the public interest in equal oppor-
tunity. It is not the Board's purpose to dictate the
manner in which certain private clubs conduct
their activities or select their members, except
insofar as is necessary to ensure that clubs do
not automatically exclude persons from consid-
eration for membership or unreasonably prevent
enjoyment of club accommodations and facilities
on account of invidious discrimination. Further-
more, it is not the Board's purpose to interfere in
club activities or subject club operations to scru-
tiny beyond what is necessary in good faith to
enforce this Article. (Added by Ord. 451-87, App.
11/17/87; amended by Ord. 222-02, File No.
021462, App. 11/15/2002)

1141

Sec. 3300B.2.

San Francisco ■ Police Code

1142

SEG. 3300B.2. DEFINITIONS.

(A) For purposes of this Article, a club or
organization (hereinafter "club") which is not
"distinctly private" is any organization, institu-
tion, club or place of accommodation which:

(1) Has membership of whatever kind total-
ing 400 or more; and

(2) Provides regular meal service by provid-
ing, either directly or indirectly under a contract
with another person, any meals on three or more
days per week during two or more weeks per
month during six or more months per year; and

(3) Regularly accepts payments:

(a) From nonmembers for dues or expenses
incurred at the club by members or nonmembers
in the furtherance of trade or business; or

(b) On behalf of nonmembers for expenses
incurred at the club by nonmembers in the
furtherance of trade or business.

(B) "Regularly accepts payment" as used in
this Article shall mean a club accepting as many
payments during the course of a year as the
number of weeks any part of which the club is
available for use by members or nonmembers per
year; the payments may be for dues, fees, use of
space, facilities, services, meals or beverages.

(C) "Furtherance of trade or business" as
used in this Article shall mean: (1) payment
made by or on behalf of a trade or business
organization; (2) payment made by an individual
from an account which the individual uses pri-
marily for trade or business purposes; (3) pay-
ment made by an individual who is reimbursed
for the payment by the individual's employer or
by a trade or business organization, or other
payment made in connection with an individual's
trade or business, including entertaining clients
or business associates, holding meetings or other
business-related events; or (4) payment made by
an individual which is deducted from the
individual's federal or state tax returns as a
business expense. (Added by Ord. 451-87, App.
11/17/87)

SEC. 3300B.3. PROHIBITION AGAINST
DISCRIMINATION.

(A) It shall be unlawful for a club which is
not distinctly private to deny to any person entry
to or use of facilities at, membership in, or
unreasonably prevent the full enjoyment of said
club wholly or partially on the basis of the
person's actual or perceived race, color, ancestry,
national origin, place of birth, sex, age, religion,
creed, disability, sexual orientation, gender iden-
tity, weight, or height.

(B) The provisions of this Article shall not
apply to an institution organized and operated
exclusively for religious purposes as defined in
26 U.S.C. Section 501(c)(3). (Added by Ord. 451-
87, App. 11/17/87; amended by Ord. 222-02, File
No. 021462, App. 11/15/2002)

SEC. 3300B.4. PROHIBITED
PRACTICES: CITY MEETINGS.

(A) No City official or employee shall spon-
sor, organize, attend or participate in any meet-
ing or other activity, the purpose of which is
related to City business, in any establishment or
facility which does not afford full membership
rights and privileges to any person wholly or
partially because of the person's actual or per-
ceived race, color, ancestry, national origin, place
of birth, sex, age, religion, creed, disability, sexual
orientation, gender identity, weight, or height,
except for City officials or employees acting in
the course of ongoing law enforcement, code
enforcement or other required investigations and
inspections.

(B) No City funds shall be expended in
connection with any meeting or other activities
held at any establishment or facility which does
not afford full membership rights and privileges
to any person wholly or partially because of the
person's actual or perceived race, color, ancestry,
national origin, place of birth, sex, age, religion,
creed, disability, sexual orientation, gender iden-
tity, weight, or height, except for City funds
expended during the course of ongoing law en-
forcement, code enforcement or other required
investigations and inspections.

1143

Prohibition Against Discrimination by Clubs or
Organizations Which Are Not Distinctly Private

Sec. 3300B.7.

(C) No City official or employee shall be
reimbursed for any dues or any other expense
incurred at an establishment or facility which
does not afford full membership rights and privi-
leges to any person wholly or partially because of
the person's actual or perceived race, color, an-
cestry, national origin, place of birth, sex, age,
religion, creed, disability, sexual orientation, gen-
der identity, weight, or height, except for expen-
ditures incurred by a City official or employee
acting in the course of ongoing law enforcement,
code enforcement or other required investiga-
tions and inspections. Any request by a City
official or employee for payment or reimburse-
ment from City monies shall include a signed
statement that the request for payment or reim-
bursement is not for any expenses incurred at
such a private establishment or any other activ-
ity, or was incurred in the course of an ongoing
law enforcement, code enforcement or other re-
quired investigation or inspection. (Added by
Ord. 451-87, App. 11/17/87; amended by Ord.
222-02, File No. 021462, App. 11/15/2002)

SEC. 3300B.5. ENFORCEMENT AND
PENALTIES.

(A) Civil Action. Any person denied mem-
bership in violation of this ordinance may en-
force the provisions of this Article by means of a
civil action. Any person who violates any of the
provisions of this Article shall be liable to the
person so denied membership for the actual
damages, and such amount as may be deter-
mined by a jury, or a court sitting without a jury,
but in no case less than $250, and such attorney's
fees and court costs as may be determined by the
affected party so denied membership. The City
may also enforce the provisions of this Article by
means of a civil action.

(B) Injunction.

(1) Any person who commits an act or en-
gages in any pattern and practice of discrimina-
tion in violation of this Article may be enjoined
therefrom by any court of competent jurisdiction.

(2) Action for injunction under this subsec-
tion may be brought by any person so denied
membership, by the City Attorney, or by any
person or entity which will fairly and adequately
represent the interests of the protected class.

(C) Nonexclusive Remedies and Penal-
ties. Nothing in this Article shall preclude any
person from seeking any other remedies, penal-
ties or procedures provided by law. (Added by
Ord. 451-87, App. 11/17/87)

SEC. 3300B.6. NO CRIMINAL
PENALTIES.

Notwithstanding any provisions of this code
to the contrary, no criminal penalties shall at-
tach for any violation of the provisions of this
Article. (Added by Ord. 451-87, App. 11/17/87)

SEC. 3300B.7. SEVERABILITY.

If any part or provision of this Article, or the
application thereof to any person or circum-
stances, is held invalid, the remainder of this
Article, including the application of such part or
provision to other persons or circumstances, shall
not be affected thereby and shall continue in full
force and effect. To this end, provisions of this
Article are severable. (Added by Ord. 451-87,
App. 11/17/87)

Sec. 3300B.7. San Francisco - Police Code 1144

[The next page is 1151]

ARTICLE 33C: DISPLACED WORKER PROTECTION

Sec. 3300C.1. Definitions.

Sec. 3300C.2. Transition Employment Period.

Sec. 3300C.3. Enforcement.

Sec. 3300C.4. Successor's Prior Employees.

Sec. 3300C.5. Applicability to Existing

Contracts.

Sec. 3300C.6. Severability.

SEC. 3300C.1. DEFINITIONS.

The following definitions shall apply through-
out this Article:

(a) "Awarding authority" means any person
that awards or otherwise enters into contracts
for security and janitorial or building mainte-
nance services performed within the City and
County of San Francisco.

(b) "Contractor" means any person that en-
ters into a service contract with the awarding
authority and who employs 25 or more persons.

(c) "Employee" means any person employed
as a service employee of a contractor or subcon-
tractor who works at least 15 hours per week and
whose primary place of employment is in the
City and County of San Francisco under a con-
tract to provide security services, janitorial ser-
vices, or building maintenance services for the
awarding authority. "Employee" does not include
a person who is (1) a managerial, supervisory, or
confidential employee, including those employ-
ees who would be so defined under the Fair
Labor Standards Act; or (2) does not possess or
has not maintained a required occupational li-
cense; or (3) is employed less than 15 hours per
week.

(d) "Person" means any individual, propri-
etorship, partnership, joint venture, corporation,
limited liability company, trust, association, or
other entity that may employ individuals or
enter into contracts.

(e) "Public sector contractor" means any per-
son or persons, firm, partnership, corporation, or
combination thereof, who enters into a contract

with officers or employees empowered by law to
enter into contracts for the City and County of
San Francisco for the services governed by this
Article.

(f) "Service contract" means a contract let to
a contractor by the awarding authority for the
furnishing of service (as opposed to the purchase
of goods or other property) and that involves an
expenditure or receipt in excess of $25,000 per
contract and a contract term of at least three
months.

(g) "Subcontractor" means any person not
an employee who enters into a contract with the
contractor to assist the contractor in performing
a service contract and that employs employees
for such person.

(h) "Successor service contract" means a
service contract with the awarding authority
where the services to be performed have previ-
ously been rendered to the awarding authority
as part of the same program or at the same
facility under another substantially similar ser-
vice contract that recently has been terminated
or has ended. (Added by Ord. 165-98, App. 5/21/
98)

SEC. 3300C.2. TRANSITION
EMPLOYMENT PERIOD.

All service contracts covered by this Article
shall impose the following obligations on the
contractor.

(a) Where the awarding authority has given
notice that a service contract has been termi-
nated or ended, or where a service contractor has
given notice of such termination, upon giving or
receiving such notice, as the case may be, the
terminated or ending contractor shall, within 10
days thereafter, provide to the successor contrac-
tor, the name, date of hire, and employment
occupation classification of each employee em-
ployed at the site or sites covered by the prospec-

1151

Sec. 3300C.2.

San Francisco - Police Code

1152

tive contractor at the time of contract termina-
tion. This provision shall also apply to the
subcontractors of the terminated contractor.

If the terminated contractor has not learned
the identity of the successor contractor, if any, by
the time that notice was given of the contract
termination, the terminated contractor shall ob-
tain such information from the awarding author-
ity. If a successor service contractor has not been
awarded by the end of the 10 day period, the
employment information referred to earlier in
this subsection shall be provided to the awarding
authority at such time. Where a subcontractor of
a service contractor has been terminated prior to
the termination of the service contract, the ter-
minated subcontractor shall for purposes of this
Article be deemed a terminated contractor.

(b) A successor contractor shall retain, for a
90 day transition employment period, employees
who have been employed by the terminated
contractor or its subcontractors, if any, for the
preceding eight months or longer at the site or
sites covered by the contract. This requirement
shall be stated by the City in all initial bid
packages which are governed by this Article.

(c) If at any time a successor public sector
contractor determines that fewer employees are
required to perform the new service contract
than were required by the terminated public
sector contractor (and subcontractors, if any),
the successor public sector contractor shall re-
tain employees by seniority within job classifica-
tion.

(d) During such 90 day period, the succes-
sor contractor (or subcontractor, where appli-
cable) shall maintain a preferential hiring list of
eligible covered employees not retained by the
successor contractor (or subcontractor) from which
the successor contractor (or subcontractor) shall
hire additional employees.

(e) Except as provided in Subsection (c) of
this Section, during such 90 day period, the
successor contractor (or subcontractor, where
applicable) shall not discharge without cause an
employee retained pursuant to this Article.
"Cause," for this purpose, shall include, but not
be limited to, the employee's conduct while in the

employ of the terminated contractor or subcon-
tractor that contributed to any decision to termi-
nate the contract or subcontract for fraud or poor
performance, excluding permissible union-re-
lated activity.

(f) At the end of such 90 day period, a
successor public sector contractor (or subcontrac-
tor, where applicable) shall perform a written
performance evaluation for each employee re-
tained pursuant to this Article. If the employee's
performance during such 90 day period is satis-
factory, the successor public sector contractor (or
subcontractor) shall offer the employee contin-
ued employment under the terms and conditions
established by the public sector successor con-
tractor (or subcontractor) or as required by law.

(g) All contracts subject to this Article shall
include a provision in which the contractor agrees
to require subcontractors to comply with the
obligations imposed by this Article. (Added by
Ord. 165-98, App. 5/21/98)

SEC. 3300C.3. ENFORCEMENT.

(a) An employee who has been discharged
in violation of this Article by a successor contrac-
tor or its subcontractor may bring an action in
the Municipal Court or Superior Court of the
State of California, as appropriate, against the
successor contractor and, where applicable, its
subcontractor, and may be awarded back pay,
including the value of benefits, for each day
during which the violation continues, which shall
be calculated at a rate of compensation not less
than the higher of:

(1) The average regular rate of pay received
by the employee during the last three years of
the employee's employment in the same occupa-
tion classification; or

(2) The final regular rate received by the
employee.

(b) If the employee is the prevailing party in
any such legal action, the Court shall award
reasonable attorneys' fees and costs as part of
the costs recoverable.

(c) This Article is not intended to create a
private right of action against the awarding
authority. (Added by Ord. 165-98, App. 5/21/98)

1153 Displaced Worker Protection Sec. 3300C.6.

SEC. 3300C.4. SUCCESSOR'S PRIOR
EMPLOYEES.

Notwithstanding the provisions of Section
3300C.2, a successor contractor or subcontractor
may replace an employee retained pursuant to
this Article with a person employed by the con-
tractor or subcontractor continuously for eight
months prior to the commencement of the suc-
cessor service contract or subcontract in a capac-
ity similar to that proposed under the successor
service contract or subcontract. This Section
shall apply only where the existing employee of
the successor contractor or subcontractor would
otherwise be laid off work as a result of the
award of the successor contract. (Added by Ord.
165-98, App. 5/21/98)

SEC. 3300C.5. APPLICABILITY TO
EXISTING CONTRACTS.

This Article shall only apply to contracts
entered into on or after the effective date of this
Article. (Added by Ord. 165-98, App. 5/21/98)

SEC. 3300C.6. SEVERABILITY.

If any severable provision or provisions of
this Article or any application thereof is held
invalid, such invalidity shall not affect any other
provisions or applications of the Article that can
be given effect notwithstanding such invalidity.
(Added by Ord. 165-98, App. 5/21/98)

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Supp. No. 1, September 2006

ARTICLE 33D: GROCERY WORKER RETENTION

Sec. 3300D.1. Purpose.
Sec. 3300D.2. Definitions.

SEC. 3300D.1. PURPOSE.

Supermarkets and other grocery retailers are
the main points of distribution for food and daily
necessities for the residents of San Francisco and
are essential to the vitality of the community.
The City has a strong interest in ensuring the
welfare of the residents of San Francisco through
the maintenance of health and safety standards
in grocery establishments. Experienced grocery
workers with knowledge of proper sanitation
procedures and health regulations and an under-
standing of the clientele and communities they
serve are instrumental in furthering this inter-
est. A transitional retention period upon change
in ownership, control, or operation of grocery
stores ensures stabilization of this vital work-
force, which results in preservation of health and
safety standards. Through this ordinance, the
City seeks to sustain the stability of this vital
workforce. (Added by Ord. 90-06, File No. 060395,
App. 5/12/2006)

SEC. 3300D.2. DEFINITIONS.

For purposes of this Article, the following
definitions apply:

(a) "Change in Control" shall mean any
sale, assignment, transfer, contribution, or other
disposition (including by consolidation, merger,
or reorganization) of all or substantially all of the
assets of, or a controlling interest in, the Incum-
bent Grocery Employer or IGE Parent or any
Grocery Establishment under the operation or
control of either such Incumbent Grocery Em-
ployer or IGE Parent.

(b) "City" shall mean the City and County of
San Francisco.

(c) "Eligible Grocery Worker" shall mean
any individual whose primary place of employ-
ment is at the Grocery Establishment subject to
a Change in Control, and who has worked for the

Incumbent Grocery Employer for at least six
months prior to the execution of the Transfer
Document. "Eligible Grocery Worker" does not
include a managerial, supervisory, or confiden-
tial employee.

(d) "Employment Commencement Date" shall
mean the date on which an Eligible Grocery
Worker retained by the Successor Grocery Em-
ployer pursuant to this Article commences work
for the Successor Grocery Employer in exchange
for compensation and benefits under the terms
and conditions established by the Successor Gro-
cery Employer and as required by law and any
applicable collective bargaining agreement, if
any.

(e) "Grocery Establishment" shall mean a
retail store in the City that is over 15,000 square
feet in size and sells primarily household food-
stuffs for offsite consumption, including fresh
produce, meats, poultry, fish, deli products, dairy
products, canned foods, dry foods, beverages,
baked foods, and/or prepared foods. Other house-
hold supplies or other products sold by the "Gro-
cery Establishment" shall be secondary to the
primary purpose of food sales.

(f) "Incumbent Grocery Employer" shall mean
the Person that owns, controls, and/or operates
the Grocery Establishment prior to the Change
in Control.

(g) "IGE Parent" shall mean any Person
who controls the Incumbent Grocery Employer.

(h) "Person" shall mean an individual, pro-
prietorship, corporation, partnership, limited part-
nership, limited liability partnership or com-
pany, trust, business trust, estate, association,
joint venture, agency, instrumentality, or any
other legal or commercial entity, whether domes-
tic or foreign.

(i) "Successor Grocery Employer" shall mean
the Person that owns, controls, and/or operates
the Grocery Establishment after the Change in
Control.

1159

Supp. No. 1, September 2006

Sec. 3300D.2.

San Francisco - Police Code

1160

(j) "Transfer Document" shall mean the pur-
chase agreement or other document(s) effecting
the Change in Control. (Added by Ord. 90-06,
File No. 060395, App. 5/12/2006)

SEC. 3300D.3. CONTINUED
EMPLOYMENT OF ELIGIBLE GROCERY
WORKERS.

(a) The Incumbent Grocery Employer shall,
within 15 days after the execution of the Trans-
fer Document, provide to the Successor Grocery
Employer the name, address, date of hire, and
employment occupation classification of each Eli-
gible Grocery Worker.

(b) The Successor Grocery Employer shall
maintain a preferential hiring list of Eligible
Grocery Workers identified by the Incumbent
Grocery Employer as set forth in subsection (a) of
this section and shall be required to hire from
that list for a period beginning upon the execu-
tion of the Transfer Document and continuing for
90 days after the Grocery Establishment is fully
operational and open to the public under the
Successor Grocery Employer.

(c) If the Successor Grocery Employer ex-
tends an offer of employment to an Eligible
Grocery Worker, the Successor Grocery Em-
ployer shall retain written verification of that
offer for no less than three years from the date
the offer was made. The verification shall in-
clude the name, address, date of hire, and em-
ployment occupation classification of each Eli-
gible Grocery Worker to whom the offer was
made. (Added by Ord. 90-06, File No. 060395,
App. 5/12/2006)

SEC. 3300D.4. TRANSITION
EMPLOYMENT PERIOD.

(a) A Successor Grocery Employer shall re-
tain each Eligible Grocery Worker hired pursu-
ant to this Article for no less than 90 days
following the Eligible Grocery Worker's Employ-
ment Commencement Date. During this 90-day
transition employment period, Eligible Grocery
Workers shall be employed under the terms and
conditions established by the Successor Grocery

Employer, as required by law and pursuant to
the terms of an applicable collective bargaining
agreement, if any.

(b) If within the period established in Sec-
tion 3300D.3(b) the Successor Grocery Employer
determines that it requires fewer Eligible Gro-
cery Workers than were required by the Incum-
bent Grocery Employer, the Successor Grocery
Employer shall retain Eligible Grocery Workers
by seniority within each job classification to the
extent that comparable job classifications exist
or pursuant to an applicable collective bargain-
ing agreement, if any. Nonclassified Eligible Gro-
cery Workers shall be retained by seniority and
according to experience or pursuant to the terms
of an applicable collective bargaining agreement,
if any.

(c) During the 90-day transition employ-
ment period, the Successor Grocery Employer
shall not discharge without cause an Eligible
Grocery Worker retained pursuant to this Ar-
ticle.

(d) At the end of the 90-day transition em-
ployment period, the Successor Grocery Em-
ployer shall do a written performance evaluation
for each Eligible Grocery Worker retained pur-
suant to this Article. If the Eligible Grocery
Worker's performance during the 90-day transi-
tion employment period is satisfactory, the Suc-
cessor Grocery Employer shall consider offering
the Eligible Grocery Worker continued employ-
ment under the terms and conditions established
by the Successor Grocery Employer and as re-
quired by law. The Successor Grocery Employer
shall retain a record of the written performance
evaluation for a period of no less than three
years. (Added by Ord. 90-06, File No. 060395,
App. 5/12/2006)

SEC. 3300D.5. PUBLIC NOTICE OF
CHANGE IN CONTROL.

(a) The Incumbent Grocery Employer shall
post public notice of the Change in Control at the
location of the affected Grocery Establishment
within five business days after the execution of
the Transfer Document. Notice shall remain posted
during any closure of the Grocery Establishment

Supp. No. 1, September 2006

1161

Grocery Worker Retention

Sec. 3300D.9.

and until the Grocery Establishment is fully
operational and open to the public under the
Successor Grocery Employer.

(b) Notice shall include, but is not limited
to, the name of the Incumbent Grocery Employer
and its contact information, the name of the
Successor Grocery Employer and its contact in-
formation, and the effective date of the Change
in Control.

(c) Notice shall be posted in a conspicuous
place or places at the Grocery Establishment so
as to be readily viewed by Eligible Grocery
Workers, other employees, customers, and other
members of the public. (Added by Ord. 90-06,
File No. 060395, App. 5/12/2006)

SEC. 3300D.6.
VIOLATION.

REMEDIES FOR

(a) An Eligible Grocery Worker or Workers
may bring an action in the Superior Court of the
State of California against the Incumbent Gro-
cery Employer and/or the Successor Grocery Em-
ployer for violations of this Article, and may be
awarded the following relief:

(1) Hiring and reinstatement rights, where-
upon the 90-day transition employment period
shall not commence until the Eligible Grocery
Worker's Employment Commencement Date with
the Successor Grocery Employer.

(2) Back pay for each day of the violation
and/or front pay for each day during which the
violation will continue. Back pay and front pay
shall be calculated at a rate of compensation not
less than the higher of (i) the average regular
rate of pay received by the Eligible Grocery
Worker during the last three years of the Eligible
Grocery Worker's employment in the same occu-
pation classification, or (ii) the most recent regu-
lar rate received by the Eligible Grocery Worker
while employed by either the Incumbent Grocery
Employer or the Successor Grocery Employer.

(3) Value of the benefits the Eligible Gro-
cery Worker would have received under the Suc-
cessor Grocery Employer's benefit plan had the
violation(s) not occurred.

(b) If the Eligible Grocery Worker or Work-
ers is the prevailing party in any legal action
taken pursuant to this Section, the court shall
award reasonable attorneys' fees and costs as
part of the costs recoverable. (Added by Ord.
90-06, File No. 060395, App. 5/12/2006)

SEC. 3300D.7. EXEMPTION FOR
COLLECTIVE BARGAINING
AGREEMENT.

Parties subject to this Article may by collec-
tive bargaining agreement provide that the agree-
ment supersedes the requirements of this Ar-
ticle. (Added by Ord. 90-06, File No. 060395,
App. 5/12/2006)

SEC. 3300D.8. NO LIMITATION OF
OTHER RIGHTS AND REMEDIES.

This Article does not in any way limit the
rights and remedies that the law otherwise pro-
vides to Eligible Grocery Workers, including but
not limited to the rights to be free from wrongful
termination and unlawful discrimination. (Added
by Ord. 90-06, File No. 060395, App. 5/12/2006)

SEC. 3300D.9. SEVERABILITY.

If any part or provision of this Article, or the
application of this Article in any circumstance, is
enjoined or held invalid by a court of competent
jurisdiction, the remainder of this Article, includ-
ing the application of such part or provision in
other circumstances, shall not be affected by
such action and shall continue in full force and
effect. To this end, the parts and provisions of
this Article, and their application in particular
circumstances, are severable. (Added by Ord.
90-06, File No. 060395, App. 5/12/2006)

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Supp. No. 1, September 2006

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 Tax.
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 respec-
tive meanings:

(a) "Photographer" shall mean every per-
son, 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 photo-
graphic studio upon an agreement or understand-
ing that money or other lawful consideration will
be paid for the said taking.

(b) "Solicitor" shall mean every person act-
ing as servant, agent or employee of a photogra-
pher, 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 photo-
graphic studio, upon an agreement or understand-
ing 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 main-
tain or conduct, or cause to be engaged in,
carried on, maintained or conducted, the busi-
ness 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 applica-

1163

Sec. 3402.

San Francisco - Police Code

1164

tion to the Chief of Police for such a permit on
forms provided by the Police Department to-
gether 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 photog-
rapher, shall contain in addition thereto the
name, business or occupation, and resident ad-
dress 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 provi-
sions of Sections 3400 to 3408, the Chief of Police
shall cause said permit to be forwarded to the
office of the Tax Collector for delivery to the
permittee upon the payment of the license tax.
(Added by Ord. 555-81, App. 11/12/81)

SEC. 3405. LICENSE TAX.

Every holder of a permit as herein provided
shall pay to the Tax Collector a license fee.

License fees paid under the provisions of this
Section shall not be prorated or refunded.

The licensee shall issue to each solicitor em-
ployed 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)

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 Munici-
pal 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 violat-
ing, 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 photogra-
phers 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 other-
wise regulating the taking, or soliciting the tak-
ing, of photographs. (Added by Ord. 555-81, App.
11/12/81)

1165

Regulations for Photographers — Permit and License Provisions

Sec. 3413.

SEC. 3410. STREET PHOTOGRAPHER.

Definition. As used in Sections 3410 to
3417, inclusive, of this Article, "Street Photogra-
pher" shall mean every person, firm or corpora-
tion 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 en-
titles 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 busi-
ness 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 ag-
gregate 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 cov-
ered 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 main-
tained after the expiration of one year from and
after the time of the alleged unlawful act com-
plained 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 photo-
graphs 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 au-
thorized in writing by the person, firm or corpo-
ration engaging, employing or hiring such per-
son or authorizing a member of said firm or
corporation to take such photographs as pro-
vided 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

Sec. 3413.

San Francisco - Police Code

1166

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 per-
son, 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 Ar-
ticle and the payment of the license fee, issue to
the permittee a serially numbered metallic badge
having imprinted thereon the words "Street Pho-
tographer" 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 misde-
meanor, 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 des-
ignated address entitles the holder to be photo-
graphed 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 de-
scribed in Section 3420 shall make written ap-
plication 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 sus-
tain injury or loss covered by the bond. Such
bond shall be executed by the applicant as prin-
cipal, and by a corporation which is licensed by
the Insurance Commissioner of this State to
transact the business of fidelity and surety in-
surance, 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

1167

Regulations for Photographers — Permit and License Provisions

Sec. 3426.

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, how-
ever, 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 pro-
vided in Section 3423, the Chief of Police shall
cause to be investigated the character and busi-
ness of the applicant, the designated address at
which such applicant proposes to engage in busi-
ness 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 photo-
graphic business in any public street, alley, park
or other public place, shall make written appli-
cation 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 hir-

ing 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 applica-
tion with the Chief of Police upon a form pro-
vided 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 li-
cense 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 busi-
ness in any public street, alley, park or other
public place. (Added by Ord. 555-81, App. 11/12/
81)

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. San Francisco - Police Code 1168

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)

[The next page is 1177]

ARTICLE 35: FIREARM STRICT LIABILITY ACT

Sec. 3500. Findings.

Sec. 3501. Definitions.

Sec. 3502. Imposition of Strict Liability.

Sec. 3503. Saving Clause; Invalidity of

Part of Article not to Affect

Remainder.

SEC. 3500. FINDINGS.

The Board of Supervisors finds as follows:

(a) The unauthorized use of firearms in the
City and County of San Francisco is responsible
for approximately two hundred injuries and ap-
proximately sixty deaths each year.

(b) The cost of these needless deaths and
injuries is generally borne by the injured parties
and their families or by the public through the
provision of police, emergency and medical ser-
vices, even in those instances where the person
using the firearm is convicted of a crime. The
average cost of hospitalization for each person
injured as a result of a shooting in San Francisco
was approximately $12,128 as of 1996. The total
monetary costs to the citizens of San Francisco
each year due to these injuries and deaths as a
result of hospital expenditures alone exceeds
approximately three million dollars.

(c) The manufacturers, importers and deal-
ers of these firearms profit handsomely from the
sales of firearms, but bear virtually no responsi-
bility for the costs incurred as a result of the
deaths and injuries caused by the use of their
products in San Francisco

(d) In order to promote and to protect the
health, safety and welfare of the citizens of San
Francisco, it is necessary and appropriate to
reallocate the cost of injuries and deaths arising
from the discharge of firearms by imposing strict
liability upon the manufacturers, importers and
dealers of those firearms, who are most able
financially to accept these costs due to their
ability to pass the costs on to consumers of
firearms.

(e) Imposing strict liability upon manufac-
turers, importers and dealers of these firearms
for injuries and deaths caused by the firearms is
appropriate because these firearms are designed
to inflict serious injuries and death. (Added by
Ord. 288-00, File No. 001490, App. 12/22/2000.
Former Section 3500 was added by Ord. 311-82,
App. 6/28/82; repealed by Ord. 288-00)

SEC. 3501. DEFINITIONS.

(a) "Firearm" shall have the same meaning
as in San Francisco Police Code Section 613.1(a).

(b) "Dealer" means any person engaged in
the business of selling firearms at wholesale or
retail and specifically includes pawnbrokers who
take or receive firearms as security for the pay-
ment or repayment of money.

(c) "Importer" means any person engaged in
the business of importing or bringing firearms
into the United States for sale or distribution.

(d) "Manufacturer" means any person in
business to manufacture or assemble a firearm
or ammunition for sale or distribution.

(e) "Law enforcement agency" means a fed-
eral, state or local law enforcement agency, state
militia or an agency of the United States govern-
ment.

(f) "Law enforcement official" means any
officer or agent of an agency defined in para-
graph (e) of this section who is authorized to use
a firearm in the course of his or her work.

(g) "Internal personalized safety feature"
means any internal locking device or other me-
chanical or electrical device integral to the frame
of the firearm that prevents any unauthorized
use of the firearm. Such mechanical or electrical
devices can include but are not limited to devices
that use computer microchips, radio signals or
user fingerprints as a means to "recognize" an
authorized user. A trigger lock or other external

1177

Sec. 3501.

San Francisco - Police Code

1178

device shall not be considered an internal per-
sonalized safety feature. (Added by Ord. 288-00,
File No. 001490, App. 12/22/2000. Former Sec-
tion 3501 was added by Ord. 311-82, App. 6/28/
82; repealed by Ord. 288-00)

SEC. 3502. IMPOSITION OF STRICT
LIABILITY.

(a) Each manufacturer, importer and/or
dealer of a firearm shall be held strictly liable in
tort, without regard to fault or proof of defect, for
all direct and consequential damages arising
from bodily injury or death where the bodily
injury or death results from the discharge within
the jurisdiction of the City and County of San
Francisco of any firearm manufactured, im-
ported, distributed, sold, leased or otherwise
transferred by the manufacturer, importer and/or
dealer, except that no liability shall be imposed
pursuant to this subsection for a discharge that
occurs prior to the effective date of this section.

(b) Exemptions and Limitations.

(1) No action may be commenced pursuant
to this section by any person who is injured or
killed by the discharge of a firearm while such
person is committing or attempting to commit a
crime (whether or not such crime is actually
charged), or while such person is attempting to
evade arrest by a law enforcement official. This
exemption shall be in the nature of an affirma-
tive defense, and shall be proven by a preponder-
ance of the evidence.

(2) No action may be commenced pursuant
to this section by any person injured or killed by
the discharge of a firearm by a law enforcement
official.

(3) This section shall not limit in scope any
cause of action, other than that provided by this
section, available to a person injured by or killed
by a firearm.

(4) Nothing in this section shall prevent a
manufacturer, importer or dealer from seeking
whole or partial indemnity or contribution for
any liability incurred under this section from
any third party wholly or partially responsible
for the injury or death.

(5) No action may be commenced pursuant
to this section by any person for a self-inflicted
injury.

(6) No action may be commenced pursuant
to this section where the firearm was equipped
with an internal personalized safety feature at
that time of its first retail sale.

(7) If any manufacturer, importer or dealer
has purchased and has in effect at the time of the
injury an insurance policy that covers any and
all damages, including but not limited to bodily
injury or death, resulting from the discharge of
the specific firearm involved in the incident, the
liability imposed under this section as to that
manufacturer, importer or dealer shall not ex-
ceed the total amount of coverage available un-
der said policy provided that the total coverage
available under the policy shall not be less than
$100,000 per incident.

(8) No action may be commenced pursuant
to this section where the firearm involved is
either (a) a shotgun without a magazine or
having a fixed magazine of four or less rounds or
(b) a rifle without a magazine or having a fixed
magazine of four or less rounds. (Added by Ord.
288-00, File No. 001490, App. 12/22/2000. Former
Section 3502 was added by Ord. 311-82, App.
6/28/82; repealed by Ord. 288-00)

SEC. 3503. SAVING CLAUSE;
INVALIDITY OF PART OF ARTICLE NOT
TO AFFECT REMAINDER.

If any section, subsection, sentence, clause or
phrase of this Article is for any reason held to be
unconstitutional, or invalid, such decision shall
not affect the validity of the remaining portions
of this Article. The Board of Supervisors hereby
declares that it would have passed this Article
and each section, subsection, sentence, clause
and phrase thereof, irrespective of the fact that
any one or more sections, subsections, sentences,
clauses or phrases be declared unconstitutional.
(Added by Ord. 288-00, File No. 001490, App.
12/22/2000. Former Section 3503 was added by
Ord. 311-82, App. 6/28/82; repealed by Ord. 288-
00)

1179 Firearm Strict Liability Act § 3512.

Sees. 3504 through 3512.

(Added by Ord. 311-82, App. 6/28/82; repealed by

Ord. 288-00)

§ 3512. San Francisco - Police Code 1180

[The next page is 1185]

ARTICLE 35A: REPEALED

Sec. 3500A.1.

(Added by Ord. 170-89, App. 5/25/89; repealed by

Ord. 238-02, File No. 021814, App. 12/20/2002)

Sec. 3500A.2.

Added by Ord. 170-89, App. 5/25/89; repealed by

Ord. 238-02, File No. 021814, App. 12/20/2002)

Sec. 3500A.3.

Added by Ord. 170-89, App. 5/25/89; repealed by

Ord. 238-02, File No. 021814, App. 12/20/2002)

Sec. 3500A.4.

Added by Ord. 170-89, App. 5/25/89; repealed by

Ord. 238-02, File No. 021814, App. 12/20/2002)

Sec. 3500A.5.

(Added by Ord. 170-89, App. 5/25/89; repealed by

Ord. 238-02, File No. 021814, App. 12/20/2002)

Sec. 3500A.6.

Added by Ord. 170-89, App. 5/25/89; repealed by

Ord. 238-02, File No. 021814, App. 12/20/2002)

Sec. 3500A.7.

Added by Ord. 170-89, App. 5/25/89; repealed by

Ord. 238-02, File No. 021814, App. 12/20/2002)

1185

San Francisco - Police Code 1186

[The next page is 1195]

ARTICLE 36: PROHIBITING THE CARRYING OF A FIREARM

WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE

OR DRUG, OR POSSESSION OF A FIREARM WHILE UPON PUBLIC PREMISES

SELLING OR SERVING ALCOHOLIC BEVERAGES

Sec. 3600.
Sec. 3601.
Sec. 3602.

Sec. 3603.

Sec. 3604.
Sec. 3605.

Sec. 3606.
Sec. 3607.
Sec. 3608.

Sec. 3609.
Sec. 3610.

Sec. 3611.

Findings.

Definitions.

Carrying of Firearms Prohibited

while under the Influence of an

Alcoholic Beverage or Drug.

Possession of Firearms

Prohibited while upon Public

Premises Selling or Serving

Alcoholic Beverages.

Presumption Raised by Blood

Alcohol Level.

Chemical Blood, Breath, or

Urine Tests; Obligation of

Officer to Advise Regarding

Legal Rights and Consequences;

Confiscation of Firearm for

Refusal to Submit to Test;

Hearing.

Administration of Tests.

Authorized Use of Drugs.

Participation in Treatment

Program not Grounds for

Suspending or Dismissing

Proceedings.

Penalty.

Proscribed Firearms as

Nuisance; Surrender and

Destruction; Restoration of

Stolen Firearms to Owner.

Severability.

SEC. 3600. FINDINGS.

(a) Persons under the influence of an alco-
holic beverage or drug frequently lack the nor-
mal restraint and judgment that would ordi-
narily prevent them from initiating or escalating
criminal or domestic violence.

(b) Carrying or possession of firearms by
persons under the influence of an alcoholic bev-
erage or drug exacerbates the problems associ-
ated with the irresponsible or unlawful use of
such weapons.

(c) It has been determined that in order to
promote and to protect the health and safety and
welfare of the public, it is necessary to regulate
the carrying or possession of firearms by persons
under the influence of an alcoholic beverage or
drug. (Added by Ord. 399-82, App. 8/12/82)

SEC. 3601. DEFINITIONS.

Unless the provision or context otherwise
requires, the following definitions shall govern
the construction of this Article:

(a) "Alcoholic beverage" includes any liquid
or solid material intended to be ingested by a
person which contains ethanol, also known as
ethyl alcohol, drinking alcohol, or alcohol, includ-
ing, but not limited to, alcoholic beverages as
defined in Section 23004 of the California Busi-
ness and Professions Code, intoxicating liquor,
malt beverage, beer, wine, spirits, liqueur, whis-
key, rum, vodka, cordials, gin, and brandy, and
any mixture containing one or more alcoholic
beverages. For purposes of this Article, alcoholic
beverage includes a mixture of one or more
alcoholic beverages ingested separately or as a
mixture.

(b) "Firearm" means (1) any weapon (includ-
ing a starter gun) which will or is designed to or
may readily be converted to expel a projectile by
the action of an explosive; (2) the frame or
receiver of any such weapon; (3) any firearm
muffler or firearm silencer; or (4) any destructive
device. Such term does not include an antique
firearm.

1195

Sec. 3601.

San Francisco - Police Code

1196

(c) "Drug" as used herein shall include, but
is not limited to, all narcotics, drugs, or con-
trolled substances as defined in Chapter 2 (com-
mencing with Section 11053) of Division 10 of the
California Health and Safety Code.

(d) "Public premises" includes (1) premises
licensed with any type of licenses other than an
on-sale beer license, and maintained and oper-
ated for the selling or serving of alcoholic bever-
ages to the public for consumption on the pre-
mises, and in which food shall not be sold or
served to the public as in a bona fide public
eating place, but upon which premises food prod-
ucts may be sold or served incidentally to the
sale or service of alcoholic beverages; (2) pre-
mises licensed with an on-sale beer license, in
which food shall not be served or sold to the
public as in a bona fide public eating place, and
in which sandwiches, salads, desserts, and simi-
lar short orders shall not be sold or served.

(e) "Carrying" a firearm means to hold or
bear said firearm upon one's person.

(f) "Possessing" a firearm means to own,
have or keep said firearm. (Added by Ord. 399-
82, App. 8/12/82)

SEC. 3602. CARRYING OF FIREARMS
PROHIBITED WHILE UNDER THE
INFLUENCE OF AN ALCOHOLIC
BEVERAGE OR DRUG.

(a) It shall be unlawful for any person who
is under the influence of an alcoholic beverage or
any drug, or under the combined influence of an
alcoholic beverage and any drug, to have upon
his or her person a firearm.

(b) It shall be unlawful for any person who
has 0.10 percent or more, by weight, of alcohol in
his or her blood to have upon his or her person a
firearm.

For the purposes of this Article, percent, by
weight, of alcohol shall be based upon grams of
alcohol per 100 milliliters of blood.

(c) It shall be unlawful for any person who
is addicted to the use of any drug to have upon
his or her person a firearm. This provision shall
not apply to a person who is participating in a
methadone maintenance treatment program ap-

proved pursuant to Article 3 (commencing with
Section 4350) of Chapter 1 of Part 1 of Division 4
of the California Welfare and Institutions Code.
(Added by Ord. 399-82, App. 8/12/82)

SEC. 3603. POSSESSION OF FIREARMS
PROHIBITED WHILE UPON PUBLIC
PREMISES SELLING OR SERVING
ALCOHOLIC BEVERAGES.

(a) It shall be unlawful for any person present
upon public premises selling or serving alcoholic
beverages to possess upon those premises a fire-
arm.

(b) Subsection (a) shall not apply to any of
the following:

(1) Peace officers listed in Sections 830.1,
830.2, 830.3, 830.31, 830.4, 830.5, and 830.6 of
the California Penal Code, full-time paid peace
officers of other states and the federal govern-
ment who are carrying out official duties while in
California, or any person summoned by any such
officers to assist in making arrests or preserving
the peace while such person is actually engaged
in assisting such officer;

(2) Any person owning, operating or man-
aging said public premises, or any officer, em-
ployee, or agent authorized by such person to
possess a firearm upon said public premises for
lawful purposes connected therewith.

(c) Nothing in this Section shall be inter-
preted or applied so as to conflict with the
preemptive effect of any State law prohibiting
the carrying of a loaded firearm in a public place.
(Added by Ord. 399-82, App. 8/12/82)

SEC. 3604. PRESUMPTION RAISED BY
BLOOD ALCOHOL LEVEL.

(a) Upon the trial of any criminal action, or
preliminary proceeding in a criminal action, pur-
suant to Section 3602, the amount of alcohol in a
person's blood at the time of the test as shown by
chemical analysis of that person's blood, breath
or urine shall give rise to the following presump-
tions affecting the burden of proof:

(1) If there was at that time less than 0.05
percent by weight of alcohol in the person's
blood, it shall be presumed that the person was
not under the influence of an alcoholic beverage
at the time of the alleged offense.

1197 Prohibiting the Carrying of a Firearm While Under the Influence

of an Alcoholic Beverage or Drug, or Possession of a Firearm While
Upon Public Premises Selling or Serving Alcoholic Beverages

Sec. 3605.

(2) If there was at that time 0.05 percent or
more but less than 0.10 percent by weight of
alcohol in the person's blood, such fact shall not
give rise to any presumption that the person was
or was not under the influence of an alcoholic
beverage, but such fact may be considered with
other competent evidence in determining whether
the person was under the influence of an alco-
holic beverage at the time of the alleged offense.

(b) Percent by weight of alcohol in the blood
shall be based upon grams of alcohol per 100
milliliters of blood.

(c) This Section shall not be construed as
limiting the introduction of any other competent
evidence bearing upon the question whether the
person ingested any alcoholic beverage or was
under the influence of an alcoholic beverage at
the time of the alleged offense. (Added by Ord.
399-82, App. 8/12/82)

SEC. 3605. CHEMICAL BLOOD,
BREATH, OR URINE TESTS;
OBLIGATION OF OFFICER TO ADVISE
REGARDING LEGAL RIGHTS AND
CONSEQUENCES; CONFISCATION OF
FIREARM FOR REFUSAL TO SUBMIT TO
TEST^ HEARING.

(a) (1) Any person who has upon his or her
person a firearm while under the influence of an
alcoholic beverage or any drug, or under the
combined influence of an alcoholic beverage and
any drug, shall be deemed to have given his or
her consent to a chemical test of his or her blood,
breath, or urine for the purpose of determining
the alcoholic content of his or her blood if law-
fully arrested for any offense allegedly commit-
ted in violation of Section 3602. The test shall be
incidental to a lawful arrest and administered at
the direction of a peace officer having reasonable
cause to believe the person had upon his or her
person a firearm in violation of Section 3602. The
person shall be told that his or her failure to
submit to, or the noncompletion of, a chemical
test will result in the confiscation of the person's
firearm for a period of six months.

(2) The person arrested shall have the choice
of whether the test shall be of his or her blood,
breath, or urine, and the person shall be advised

by the officer that he or she has such a choice. If
the person arrested either is incapable, or states
that he or she is incapable, of completing any
chosen test, the person shall then have the
choice of submitting to and completing any of the
remaining tests or test, and the person shall be
advised by the officer that the person has that
choice.

(3) If the person is lawfully arrested for
having upon his or her person a firearm while
under the influence of an alcoholic beverage or
under the combined influence of an alcoholic
beverage and any drug, and, because of the need
for medical treatment, the person is first trans-
ported to a medical facility where it is not fea-
sible to administer a particular test of, or to
obtain a particular sample of, the person's blood,
breath, or urine, the person shall have the choice
of those tests which are available at the facility
to which that person has been transported. In
such an event, the officer shall advise the person
of those tests which are available at the medical
facility and that the person's choice is limited to
those tests which are available.

(4) The person shall also be advised by the
officer that he or she does not have the right to
have an attorney present before stating whether
he or she will submit to a test, before deciding
which test to take, or during administration of
the test chosen, and shall also be advised by the
officer that, in the event of refusal to submit to a
test, the refusal may be used against him or her
in a court of law.

(5) Any person who is unconscious or other-
wise in a condition rendering him or her inca-
pable of refusal shall be deemed not to have
withdrawn his or her consent and such a test
may be administered whether or not the person
is told that his or her failure to submit to, or the
noncompletion of, the test will result in the
confiscation of his or her firearm. Any person
who is dead shall be deemed not to have with-
drawn his or her consent and such a test may be
administered at the direction of a peace officer.

(b) If any person refuses the officer's re-
quest to submit to, or fails to complete, a chemi-
cal test, the officer shall confiscate the person's
firearm for a period of six months.

Sec. 3605.

San Francisco - Police Code

1198

(c) (1) Upon the person's request in writ-
ing and within 15 days from the date of receipt of
that request, the law enforcement agency confis-
cating a weapon under this Article shall afford
the person whose firearm has been confiscated
an opportunity for a hearing in the same manner
and under the same conditions as provided in
Article 3 (commencing with Section 14100) of
Chapter 3 of the California Vehicle Code. For the
purposes of this Section, the scope of the hearing
shall cover the issues of whether the peace officer
had reasonable cause to believe the person had
upon his or her person a firearm in violation of
Section 3602, whether the person was placed
under arrest, whether the person refused to
submit to, or did not complete, the test after
being requested by a peace officer, and whether,
except for the persons described in Subdivision
(a) who are incapable of refusing, the person had
been told that his or her firearm would be
confiscated if he or she refused to submit to, or
did not complete, the test.

(d) Any person who is afflicted with hemo-
philia shall be exempt from the blood test re-
quired by this Section.

(e) Any person who is afflicted with a heart
condition and is using an anticoagulant under
the direction of a licensed physician and surgeon
shall be exempt from the blood test required by
this Section.

(f) A person lawfully arrested for any of-
fense allegedly committed while the person had
upon his or her person a firearm in violation of
Section 3602 may request the arresting officer to
have a chemical test made of the arrested person's
blood, breath, or urine for the purpose of deter-
mining the alcoholic content of that person's
blood, and, if so requested, the arresting officer
shall have the test performed. (Added by Ord.
399-82, App. 8/12/82)

SEC. 3606.
TESTS.

ADMINISTRATION OF

(a) Only a physician, registered nurse, li-
censed vocational clinical laboratory technolo-
gist or clinical laboratory bioanalyst, or certified
paramedic acting at the request of a peace officer

may withdraw blood for the purpose of determin-
ing the alcoholic content therein. This limitation
shall not apply to the taking of breath speci-
mens. An emergency call for paramedic services
shall take precedence over a peace officer's re-
quest for a paramedic to withdraw blood for
determining its alcoholic content. A certified para-
medic shall not withdraw blood for this purpose
unless authorized by his or her employer to do so.

(b) The person tested may, at his own ex-
pense, have a physician, registered nurse, li-
censed vocational nurse, duly licensed clinical
laboratory technologist or clinical laboratory bio-
analyst, or any other person of his or her own
choosing administer a test in addition to any test
administered at the direction of a peace officer
for the purpose of determining the amount of
alcohol in his or her blood at the time alleged as
shown by chemical analysis of his blood, breath,
or urine. The failure or inability to obtain an
additional test by a person shall not preclude the
admissibility in evidence of the test taken at the
direction of a peace officer.

(c) Upon the request of the person tested,
full information concerning the test taken at the
direction of the peace officer shall be made avail-
able to the person or the person's attorney.

(d) No physician, registered nurse, licensed
vocational nurse, duly licensed clinical labora-
tory technologist or clinical laboratory bioana-
lyst, or certified paramedic, or hospital, labora-
tory, or clinic employing or utilizing the services
of the physician, registered nurse, licensed voca-
tional nurse, duly licensed laboratory technolo-
gist or clinical laboratory bioanalyst, or certified
paramedic, owning or leasing the premises on
which such tests are performed, shall incur any
civil or criminal liability as a result of the proper
administering of a blood test when requested in
writing by a peace officer to administer such a
test.

(e) If the test given under Section 3605 is a
chemical test of urine, the person tested shall be
given such privacy in the taking of the urine
specimen as will ensure the accuracy of the
specimen and, at the same time, maintain the
dignity of the individual involved.

1199 Prohibiting the Carrying of a Firearm While Under the Influence

of an Alcoholic Beverage or Drug, or Possession of a Firearm While
Upon Public Premises Selling or Serving Alcoholic Beverages

Sec. 3611.

(f) The appropriate law enforcement agen-
cies, in cooperation with the State Department of
Health Services or any other appropriate agency,
shall adopt uniform standards for the with-
drawal, handling, and preservation of blood
samples prior to analysis.

(g) As used in this Section, "certified para-
medic" does not include any employee of a fire
department. (Added by Ord. 399-82, App. 8/12/
82)

SEC. 3607. AUTHORIZED USE OF
DRUGS.

The fact that any person charged with carry-
ing upon his or her person a firearm while under
the influence of any drug or the combined influ-
ence of alcoholic beverages and any drug in
violation of Section 3602 is or has been entitled
to use the drug under the laws of this state shall
not constitute a defense against any violation of
the section. (Added by Ord. 399-82, App. 8/12/82)

SEC. 3608. PARTICIPATION IN
TREATMENT PROGRAM NOT GROUNDS
FOR SUSPENDING OR DISMISSING
PROCEEDINGS.

(a) In any case in which a person is charged
with a violation of Section 3602, prior to acquit-
tal or conviction, the court shall not suspend or
stay the proceedings for the purpose of allowing
the accused person to attend or participate, nor
shall the court consider dismissal of or entertain
a motion to dismiss the proceedings because the
accused person attends or participates during
that suspension, in a treatment program for
persons who are habitual users of alcohol or
other alcoholism program, or a treatment pro-
gram for persons who are habitual users of drugs
or other drug-related program.

(b) This Section shall not apply to any at-
tendance or participation in any treatment pro-
grams after conviction and sentencing, including
attendance or participation in any of those pro-
grams as a condition of probation granted after
conviction when permitted pursuant to this Ar-
ticle. (Added by Ord. 399-82, App. 8/12/82)

SEC. 3609. PENALTY.

Any person who shall violate any of the
provisions of Sections 3602 or 3603 of this Article
shall be guilty of a misdemeanor, and, upon
conviction thereof, shall be punished by impris-
onment in the County Jail for not less than 30
days nor more than six months. (Added by Ord.
399-82, App. 8/12/82)

SEC. 3610. PROSCRIBED FIREARMS AS
NUISANCE; SURRENDER AND
DESTRUCTION; RESTORATION OF
STOLEN FIREARMS TO OWNER.

(a) The unlawful carrying upon the person
of a firearm in violation of Section 3602, or
unlawful possession in violation of Section 3603,
is a nuisance.

(b) Any firearm described in Subdivision (a)
shall be surrendered to the magistrate before
whom the person is taken, except that in any city
or county the firearms shall be surrendered to
the head of the Police or Sheriffs Department.
The officers to whom the firearms are surren-
dered, except upon the certificate of a judge of a
court of record, or of the district attorney of the
county, that the preservation thereof is neces-
sary or proper to the ends of justice, shall annu-
ally, between the first and tenth days of July, in
each year, destroy the firearms or cause them to
be destroyed to such extent that they shall be
wholly and entirely ineffective and useless for
the purpose for which they were manufactured.
If any firearm has been stolen and is thereafter
recovered from the thief or his transferee, it shall
not be destroyed but shall be restored to the
lawful owner, in the event that owner is not
prohibited from possessing the gun by Article 35
of the Police Code, as soon as its use as evidence
has been served, upon his identification of the
weapon and proof of ownership. (Added by Ord.
399-82, App. 8/12/82)

SEC. 3611. SEVERABILITY.

Supp. No. 1, September 2006

Sec. 3611. San Francisco - Police Code 1200

shall not affect the validity or effectiveness of the
remaining portions of this Article or any part
thereof. The Board of Supervisors hereby de-
clares 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, sub-
divisions, paragraphs, sentences, clauses or
phrases be declared unconstitutional or invalid
or ineffective. (Added by Ord. 399-82, App. 8/12/
82)

[The next page is 1207] Supp. No. 1, September 2006

ARTICLE 36A. [SALE, MANUFACTURE AND DISTRIBUTION OF FIREARMS AND
AMMUNITION; POSSESSION OF HANDGUNS]

Sec. 3600A. Statement of Findings and Text
of Ordinance Prohibiting the
Sale, Manufacture and
Distribution of Firearms and
Ammunition in the City and
County of San Francisco and
Limiting the Possession of
Handguns in the City and
County of San Francisco.

Sec. 3601 A. Penalty for Sale, Distribution,
Transfer, and Manufacture of
Firearms and Ammunition or
Possession of Handguns Within
City and County of San
Francisco.

SEC. 3600A. STATEMENT OF FINDINGS
AND TEXT OF ORDINANCE
PROHIBITING THE SALE,
MANUFACTURE AND DISTRIBUTION OF
FIREARMS AND AMMUNITION IN THE
CITY AND COUNTY OF SAN FRANCISCO
AND LIMITING THE POSSESSION OF
HANDGUNS IN THE CITY AND COUNTY
OF SAN FRANCISCO.

This ordinance is enacted to implement an
initiative ordinance approved by the electors of
San Francisco as Proposition "H" at the election
held on November 8, 2005. The provisions of
Proposition "H" are set forth herein for conve-
nience and may only be amended as provided by
law. Proposition "H" reads as follows:

"Section 1. Findings

The people of the City and County of San
Francisco hereby find and declare:

1. Handgun violence is a serious problem in
San Francisco. According to a San Francisco
Department of Public Health report published in
2002, 176 handgun incidents in San Francisco
affected 213 victims in 1999, the last year for
which data is available. Only 26.8%f firearms
were recovered. Of all firearms used to cause
injury or death, 67%rere handguns.

2. San Franciscans have a right to live in a
safe and secure City. The presence of handguns
poses a significant threat to the safety of San
Franciscans.

3. It is not the intent of the people of the
City and County of San Francisco to affect any
resident of other jurisdictions with regard to
handgun possession, including those who may
temporarily be within the boundaries of the City
and County.

4. Article XI of the California Constitution
provides Charter created counties with the "home
rule" power. This power allows counties to enact
laws that exclusively apply to residents within
their borders, even when such a law conflicts
with state law or when state law is silent. San
Francisco adopted its most recent comprehen-
sive Charter revision in 1996.

5. Since it is not the intent of the people of
the City and County of San Francisco to impose
an undue burden on inter-county commerce and
transit, the provisions of Section 3 apply exclu-
sively to residents of the City and County of San
Francisco.

"Section 2. Ban on Sale, Manufacture, Trans-
fer or Distribution of Firearms in the City and
County of San Francisco

Within the limits of the City and County of
San Francisco, the sale, distribution, transfer
and manufacture of all firearms and ammuni-
tion shall be prohibited.

"Section 3. Limiting Handgun Possession in
the City and County of San Francisco

Within the limits of the City and County of
San Francisco, no resident of the City and County
of San Francisco shall possess any handgun
unless required for professional purposes, as
enumerated herein. Specifically, any City, state
or federal employee carrying out the functions of
his or her government employment, including
but not limited to peace officers as defined by

1207

Supp. No. 1, September 2006

Sec. 3600A.

San Francisco - Police Code

1208

California Penal Code Section 830 et. seq. and
animal control officers may possess a handgun.
Active members of the United States armed
forces or the National Guard and security guards,
regularly employed and compensated by a per-
son engaged in any lawful business, while actu-
ally employed and engaged in protecting and
preserving property or life within the scope of his
or her employment, may also possess handguns.
Within 90 days from the effective date of this
Section, any resident of the City and County of
San Francisco may surrender his or her handgun
at any district station of the San Francisco Police
Department, or to the San Francisco Sheriffs
Department without penalty under this section.

"Section 4. Effective Date

This ordinance shall become effective Janu-
ary 1, 2006.

"Section 5. Penalties

Within 90 days of the effective date of this
Section, the Board of Supervisors shall enact
penalties for violations of this ordinance. The
Mayor, after consultation with the District Attor-
ney, Sheriff and Chief of Police shall, within 30
days from the effective date, provide recommen-
dations about penalties to the Board.

"Section 6. State Law

Nothing in this ordinance is designed to
duplicate or conflict with California State Law.
Accordingly, any person currently denied the
privilege of possessing a handgun under state
law shall not be covered by this ordinance, but
shall be covered by the California state law
which denies that privilege. Nothing in this
ordinance shall be construed to create or require
any local license or registration for any firearm,
or create an additional class of citizens who must
seek licensing or registration.

"Section 7. Severability

If any provision of this ordinance or the
application thereof to any person or circum-
stances is held invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect
other provisions or applications or this ordinance
which can be given effect without the invalid or

unconstitutional provision or application. To this
end, the provisions of this ordinance shall be
deemed severable.

"Section 8. Amendment

By a two-thirds vote and upon making find-
ings, the Board of Supervisors may amend this
ordinance in the furtherance of reducing hand-
gun violence." (Added by Ord. 55-06, File No.
060151, App. 3/31/2006)

SEC. 3601A. PENALTY FOR SALE,
DISTRIBUTION, TRANSFER, AND
MANUFACTURE OF FIREARMS AND
AMMUNITION OR POSSESSION OF
HANDGUNS WITHIN CITY AND COUNTY
OF SAN FRANCISCO.

(a) In enacting Proposition "H" the voters
required the Board of Supervisors to enact pen-
alties for its violation. The following sections set
forth the penalties for violation of Proposition H.

(b) Any person who shall violate the provi-
sions of Police Code Section 3600A that prohibit
the sale, distribution, transfer and manufacture
of all firearms and ammunition within the limits
of the City and County of San Francisco or that
prohibit the possession of any handgun within
the limits of the City and County of San Fran-
cisco shall be guilty of a misdemeanor and upon
conviction shall be punished by a fine not to
exceed $1,000 and by imprisonment in the County
Jail not to exceed six months, or by both.

(c) Any firearm or ammunition sold, distrib-
uted, transferred, or manufactured or any hand-
gun possessed within the City and County of San
Francisco in violation of the provisions of Police
Code Section 3600A is hereby declared to be a
nuisance, and shall be surrendered to the Police
Department of the City and County of San Fran-
cisco. The Chief of Police is authorized to seize
such firearms, ammunition and handguns and
shall destroy or cause to be destroyed such
firearms, ammunition and handguns, except upon
the certificate of a judge of a court of record, or of
the District Attorney that the preservation thereof
is necessary or proper to the ends of justice.

Supp. No. 1, September 2006

1209 [Sale, Manufacture and Distribution of Firearms Sec. 3601 A.

and Ammunition; Possession of Handguns]

(d) This Section shall be enforced to the full
extent of the authority of the City and County of
San Francisco. If any subsection, sentence, clause,
phrase, or word of this Section or the application
thereof to any person or circumstances is held
invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect other provi-
sions or applications of this Section which can be
given effect without the invalid or unconstitu-
tional provision or application. To this end, the
provisions of this section shall be deemed sever-
able. (Added by Ord. 55-06, File No. 060151, App.
3/31/2006)

[The next page is 1213] Supp. No. 1, September 2006

[INTENTIONALLY LEFT BLANK]

Supp. No. 1, September 2006

ARTICLE 37: POLICE EMERGENCY ALARM ORDINANCE

Sec. 3700. Short Title.

Sec. 3701. Findings and Statement of

Purpose.
Sec. 3702. Definitions.
Sec. 3703. Motor Vehicle Alarm System.
Sec. 3704. Limitations on Audible Alarm

Systems.
Sec. 3705. Back-up Power Supply.
Sec. 3706. Prohibition Against Alarm

Systems Which Emit False

Alarms.
Sec. 3707. License Required; Application;

Fee; False Statements;

Transferability.
Sec. 3708. Alarm License Duration and

Renewal.
Sec. 3709. Duties of the Alarm User.
Sec. 3710. Duties of Alarm Installation

Company and Monitoring

Company.

Sec. 3710.1. Additional Duties of Alarm
Installation Company.

Sec. 3710.2. Additional Duties of Alarm

Monitoring Company.
Sec. 3710.3. Collection of License Fee by

Alarm Companies.
Sec. 3710.4. Liability for Fee.
Sec. 3710.5. Interest and Penalties.
Sec. 3710.6. Alarm Companies; Failure to

Report and Remit Fee;

Determination of Fee by Tax

Collector.
Sec. 3710.7. Refunds.
Sec. 3710.8. Failure to Pay Fee;

Administrative Remedy.

Sec. 3710.9. Administrative Agreements.

Sec. 3711. License or Licensing.

Sec. 3712. Duties and Authority of the
Director of Emergency
Communications and the Tax
Collector.

Sec. 3713. License Administration,

Suspension and Revocation.

Sec. 3714. Penalties.

Sec. 3715. Notification.

Sec. 3716. Appeals.

Sec. 3717. Reinstatement.

Sec. 3718. Enforcement.

Sec. 3719. Government Immunity.

Sec. 3720. Licenses.

Sec. 3721. Initial Implementation.

Sec. 3722. Severability.

SEC. 3700. SHORT TITLE.

This ordinance shall be known as "The Police
Emergency Alarm Ordinance." (Added by Ord.
154-02, File No. 021078, App. 7/12/2002. Former
Sec. 3700 added by Ord. 524-83, App. 11/4/83;
repealed by Ord. 154-02)

SEC. 3701. FINDINGS AND STATEMENT
OF PURPOSE.

The Board of Supervisors of the City and
County of San Francisco finds and declares that:

(a) The vast majority of emergency alarms
to which law enforcement officials respond are
false alarms. Most false alarms are the result of
improper maintenance or improper or careless
use of an alarm system.

(b) The public and the police are subjected
to needless danger when the police are called to
respond to false alarms. In addition, police offi-
cers responding to false alarms are not available
to carry out other police duties. In the interest of
using limited law enforcement resources most
effectively and efficiently, the number of false
alarms can and must be reduced.

(c) The purpose of this Article is to reduce
the dangers and annoyances associated with the
use of particular types of alarm systems and to
encourage property owners to maintain their
systems in good working condition and to use
them properly.

1213

Sec. 3701.

San Francisco - Police Code

1214

(d) A prolonged sound from an audible alarm
system fixed to a motor vehicle is a public nui-
sance. (Added by Ord. 154-02, File No. 021078,
App. 7/12/2002. Former Sec. 3701 added by Ord.
524-83, App. 11/4/83; repealed by Ord. 154-02)

SEC. 3702. DEFINITIONS.

In this Article the following terms and phrases
shall have the following meanings:

(a) "Police" or "Police Department" means
the San Francisco Police Department.

(b) "Chief of Police" means the Chief of the
San Francisco Police Department or his or her
designee.

(c) "Alarm installation company" means a
person in the business of selling, providing, main-
taining, servicing, repairing, altering, replacing,
moving, or installing an alarm system in an
alarm site.

(d) "Alarm dispatch request" means a noti-
fication to the Police Department that an alarm,
either manual or automatic, has been activated
at a particular alarm site.

(e) "Alarm license" means authorization
granted by the Chief of Police to an alarm user to
operate an alarm system.

(f) "Alarm monitoring company" means a
person in the business of providing monitoring
services.

(g) "Alarm site" means a single fixed pre-
mises or location served by an alarm system or
systems. Each unit, if served by a separate alarm
system in a multi-unit building or complex, shall
be considered a separate alarm site.

(h) "Alarm system" means a device or series
of devices, including, but not limited to, hard-
wired systems and systems interconnected with
a radio frequency method such as cellular or
private radio signals, which emit or transmit a
remote or local audible, visual or electronic sig-
nal indicating an alarm condition and intended
to summon law enforcement response, including
local alarm systems. Except as otherwise specifi-
cally provided in this Article "alarm system" does
not include an alarm installed in a vehicle or on
someone's person unless the vehicle or the per-
sonal alarm is permanently located at a site.

Independently controlled alarm systems within
the same premises shall constitute separate alarm
systems. Alarm devices installed on a temporary
basis by the Police Department shall not consti-
tute alarm systems. The Director of Emergency
Communications may by regulation exclude low-
end local alarm systems that are not intended to
summon law enforcement response from some or
all of the requirements of this Article.

(i) "Alarm user" means any person, who
(which) has contracted for monitoring, repair,
installation or maintenance service from an alarm
installation company or monitoring company for
an alarm system, or who (which) owns or oper-
ates an alarm system which is not monitored,
maintained or repaired under contract.

(j) "Arming station" means a device that
allows control of an alarm system.

(k) "Automatic voice dialer" means any elec-
trical, electronic, mechanical, or other device
capable of being programmed to send a prere-
corded voice message, when activated, over a
telephone line, radio or other communication
system, to a law enforcement, public safety or
emergency services agency requesting dispatch.

(1) "Cancellation" means the process where
response is terminated when a monitoring com-
pany (designated by the alarm user) for the
alarm site notifies the responding law enforce-
ment officer that there is not an existing situa-
tion at the alarm site requiring law enforcement
agency response after an alarm dispatch re-
quest.

(m) "Conversion" means the transaction or
process by which one alarm installation com-
pany or monitoring company begins the servic-
ing and/or monitoring of a previously unmoni-
tored alarm system or an alarm system previously
serviced and/or monitored by another alarm com-
pany.

(n) "Duress alarm" means a silent alarm
system signal generated by the entry of a desig-
nated code into an arming station in order to
signal that the alarm user is being forced to turn
off the system and requires law enforcement
response.

1215

Police Emergency Alarm Ordinance

Sec. 3703.

(o) "False alarm" means an alarm dispatch
request to a law enforcement agency, when the
responding law enforcement officer finds no evi-
dence of a criminal offense or attempted criminal
offense after having completed a timely investi-
gation of the alarm site.

(p) "Holder alarm" means a silent alarm
signal generated by the manual activation of a
device intended to signal a robbery in progress.

(q) "Premises" means any land and building
located within the City and County of San Fran-
cisco except land or buildings owned, rented, or
leased to the federal government, the State of
California or any political subdivision or agency
thereof, or the City and County of San Francisco,
including the public schools.

(r) "Local alarm system" means any alarm
system, which is not monitored, that annunci-
ates an alarm only at the alarm site.

(s) "Monitoring" means the process by which
a monitoring company receives signals from an
alarm system and relays an alarm dispatch
request to the municipality for the purpose of
summoning law enforcement to the alarm site.

(t) "One-plus duress alarm" means the
manual activation of a silent alarm signal by
entering at an arming station a code that adds
one to the last digit of the normal arm/disarm
code (e.g., normal code: 1234, one-plus duress
code: 1235).

(u) "Panic alarm" means an audible alarm
system signal generated by the manual activa-
tion of a device intended to signal a life threat-
ening or emergency situation requiring law en-
forcement response.

(v) "Person" means an individual, corpora-
tion, partnership, association, organization or
similar entity.

(w) "Responder" means an individual ca-
pable of reaching the alarm site within 45 min-
utes and having access to the alarm site, the code
to the alarm system and the authority to approve
repairs to the alarm system.

(x) "SIA Control Panel Standard CP-01"
means the ANSI — American National Standard
Institute approved Security Industry Association —
SIA CP-01 Control Panel Standard, as may be

updated from time to time, that details recom-
mended design features for security system con-
trol panels and their associated arming and
disarming devices to reduce the incidence of false
alarms. Control panels built and tested to this
standard by Underwriters Laboratory (UL), or
other nationally recognized testing organiza-
tions, will be marked to state: "Design evaluated
in accordance with SIA CP-01 Control Panel
Standard Features for False Alarm Reduction."

(y) "Takeover" means the transaction or pro-
cess by which an alarm user takes over control of
an existing alarm system, which was previously
controlled by another alarm user.

(z) "Tax Collector" means the Treasurer-Tax
Collector of the City and County of San Fran-
cisco.

(aa) "Verify" means an attempt by the moni-
toring company, or its representative, to contact
the alarm site by telephonic or other electronic
means, whether or not actual contact with a
person is made to determine whether an alarm
signal is valid before requesting law enforcement
dispatch in an attempt to avoid an unnecessary
alarm dispatch request.

(bb) "Zones" means division of devices into
which an alarm system is divided to indicate the
general location from which an alarm system
signal is transmitted.

(cc) "Department of Emergency Communi-
cations" and "Director of Emergency Communi-
cations" or "Director" mean the Department of
Emergency Communications and Director of
Emergency Communications of the City and
County of San Francisco, respectively. (Added by
Ord. 154-02, File No. 021078, App. 7/12/2002;
amended by Ord. 30-03, File No. 021995, App.
2/28/2003. Former Sec. 3702 added by Ord. 524-
83, App. 11/4/83; repealed by Ord. 154-02)

SEC. 3703. MOTOR VEHICLE ALARM
SYSTEM.

(a) No person shall install, cause to be in-
stalled, use, or operate an audible alarm system
affixed to a motor vehicle unless the alarm
system is equipped with an automatic shutoff
which shuts off the alarm within a maximum of

Sec. 3703.

San Francisco - Police Code

1216

five minutes from the time of activation. Such
alarm may not emit a sound similar to the sound
emitted by sirens in use on emergency vehicles
or to those used for civil defense purposes. For
purposes of this Section, any variable tone, as
opposed to one steady pitch, shall be considered
similar to the sound emitted by an emergency
vehicle siren.

(b) The Police Department is authorized to
abate the nuisance of an audible alarm system
affixed to a motor vehicle which sounds beyond
five minutes by using any means necessary to
disconnect the vehicle alarm; provided, however,
that a police officer shall attempt to contact the
vehicle's owner, by telephone or otherwise, be-
fore disconnecting the alarm. The expense of
disconnecting the alarm shall be a lien against
the motor vehicle and shall be the personal
obligation of the owner thereof.

(c) Except as provided in this Section, the
provisions of this Article are otherwise not appli-
cable to alarm systems affixed to motor vehicles.
Audible vehicle alarms are, however, subject to
the requirements of Article 29 which prohibits
unnecessary, excessive and offensive noise from
all sources. (Added by Ord. 154-02, File No.
021078, App. 7/12/2002. Former Sec. 3703
amended by Ord. 325-84, App. 7/6/84; Ord. 126-
96, App. 4/3/96; repealed by Ord. 154-02)

SEC. 3704. LIMITATIONS ON AUDIBLE
ALARM SYSTEMS.

(a) It shall be unlawful to install or sell an
audible alarm system which upon activation
emits a sound similar to the sound emitted by
sirens in use on emergency vehicles or for civil
defense purposes. This does not apply to sirens
mounted inside a building which cannot be heard
outside the building For purposes of this Section,
any variable siren, as opposed to one steady
pitch, shall be considered to emit a sound similar
to the sound emitted by an emergency vehicle.

(b) It shall be unlawful to operate an au-
dible alarm system which does not shut off
within a maximum time of 15 minutes from the
time activation. This may be accomplished with
either an automatic shutoff or by manual opera-

tion. If the alarm has an automatic shutoff with
a re-arming phase, the re-arming phase must be
able to distinguish between an open and closed
circuit, and if the circuit is broken the system
shall not re-arm.

(c) For the purposes of administering Ar-
ticle 29, "regulation of noise," an alarm which
does not shut off within the prescribed time is
deemed to be unnecessary, excessive and offen-
sive. (Added by Ord. 154-02, File No. 021078,
App. 7/12/2002. Former Sec. 3704 amended by
Ord. 325-84, App. 7/6/84; repealed by Ord. 154-
02)

SEC. 3705. BACK-UP POWER SUPPLY.

Any alarm system installed in San Francisco
after January 30, 1984, shall be supplied with an
uninterruptible power supply in such a manner
that the failure or interruption of the normal
electric utility service will not activate the alarm
system. The power supply must be capable of at
least four hours of operation. (Added by Ord.
154-02, File No. 021078, App. 7/12/2002. Former
Sec. 3705 added by Ord. 524-83, App. 11/4/83;
repealed by Ord. 154-02)

SEC. 3706. PROHIBITION AGAINST
ALARM SYSTEMS WHICH EMIT FALSE
ALARMS.

No alarm user shall operate or maintain an
alarm system which emits false alarms. (Added
by Ord. 154-02, File No. 021078, App. 7/12/2002.
Former Sec. 3706 added by Ord. 524-83, App.
11/4/83; repealed by Ord. 154-02)

SEC. 3707. LICENSE REQUIRED;
APPLICATION; FEE; FALSE
STATEMENTS; TRANSFERABILITY.

(a) No alarm user shall operate or cause to
be operated, an alarm system at its alarm site
without a valid alarm license. A separate alarm
license is required for each alarm site.

(b) There shall be a fee, to be paid by the
alarm user, for an alarm license or an alarm
license renewal. There shall be separate license
fees for residential and commercial premises,
and the fees shall be non-refundable. The initial
alarm license fee must be paid to the alarm

1217

Police Emergency Alarm Ordinance

Sec. 3709.

installation company at the time the alarm sys-
tem is installed or to the alarm monitoring
company at the time the alarm user contracts
with the company for monitoring services. If the
alarm user does not use an alarm installation or
monitoring company, the fee must be submitted
to the Tax Collector within five (5) days after the
alarm system installation or alarm system take-
over.

(c) Upon receipt of a completed alarm li-
cense application form and the alarm license fee,
the Tax Collector shall assign a license number
to the applicant unless the applicant has:

(1) Failed to pay a penalty assessed under
Section 3714; or

(2) Had an alarm license for the alarm site
suspended or revoked, and the violation causing
the suspension or revocation has not been cor-
rected.

(d) Each alarm license application must in-
clude information in a form and fashion specified
by the Tax Collector. The application shall be
signed by the applicant under penalty of perjury.

(e) Any false statement of a material fact
made by an applicant for the purpose of obtain-
ing an alarm license shall be sufficient cause for
refusal to issue a license.

(f) An alarm license cannot be transferred
to another person or alarm site. An alarm user
shall inform the Tax Collector of any change that
alters any of the information listed on the alarm
license application within five (5) business days
of such change.

(g) All fees owed by an applicant must be
paid before an alarm license may be issued or
renewed. (Added by Ord. 154-02, File No. 021078,
App. 7/12/2002; amended by Ord. 30-03, File No.
021995, App. 2/28/2003. Former Sec. 3707 added
by Ord. 524-83, App. 11/4/83; repealed by Ord.
154-02)

SEC. 3708. ALARM LICENSE DURATION
AND RENEWAL.

An alarm license shall expire at 12:01 a.m. on
January 1 of each year, and must be renewed
every year by submitting an updated application
and a license renewal fee to the Tax Collector,

directly or through an alarm company. It is the
responsibility of the alarm user to submit an
application prior to the license expiration date.
Failure to renew will be classified as use of a
non-licensed alarm system and citations and
penalties, including penalties provided in Sec-
tions 3710.5 and 3714, shall be assessed without
waiver. (Added by Ord. 154-02, File No. 021078,
App. 7/12/2002; amended by Ord. 30-03, File No.
021995, App. 2/28/2003. Former Sec. 3708 added
by Ord. 524-83, App. 11/4/83; repealed by Ord.
154-02)

SEC. 3709. DUTIES OF THE ALARM
USER.

(a) An alarm user shall:

(1) Maintain the alarm site and the alarm
system in a manner that will minimize or elimi-
nate false alarms;

(2) Make every reasonable effort to have a
responder to the alarm system's location within
45 minutes when requested by the Police Depart-
ment in order to:

(A) Deactivate an alarm system;

(B) Provide access to the alarm site; and/or

(3) Not activate an alarm system for any
reason other than an occurrence of an event that
the alarm system was intended to report.

(b) An alarm user shall adjust the mecha-
nism or cause the mechanism to be adjusted so
that an alarm signal audible on the exterior of an
alarm site will sound for no longer than fifteen
(15) minutes after being activated.

(d) An alarm user shall maintain at each
alarm site a set of written operating instructions
for each alarm system.

(e) In order to reduce false alarms due to
initial equipment problems, alarm users may
agree with their alarm installation company
and/or monitoring company to go through an
"acclimation period" for the first seven (7) days
after installation of an alarm system during

Sec. 3709.

San Francisco - Police Code

1218

which time the alarm installation company and/or
monitoring company will have no obligation to
and will not respond to an alarm signal from the
alarm site and will not make an alarm dispatch
request to the Department of Emergency Com-
munications, even if the alarm signal is the
result of an actual alarm event. (Added by Ord.
154-02, File No. 021078, App. 7/12/2002; amended
by Ord. 30-03, File No. 021995, App. 2/28/2003.
Former Sec. 3709 added by Ord. 524-83, App.
11/4/83; repealed by Ord. 154-02)

SEC. 3710. DUTIES OF ALARM
INSTALLATION COMPANY AND
MONITORING COMPANY.

(a) The alarm installation company shall
provide written and oral instructions to each of
its alarm users in the proper use and operation
of their alarm systems. The instructions will
specifically include all instructions necessary to
turn the alarm system on and off and to avoid
false alarms.

(b) Upon the effective date of this Article,
alarm installation companies shall not program
alarm systems so that they are capable of- send-
ing one-plus duress alarms. Monitoring compa-
nies may continue to report one-plus duress
alarms received from alarm systems programmed
with one-plus duress alarms prior to enactment
of this Article. However, upon the effective date
of this Article, when a takeover or conversion
occurs or if an alarm user requests an alarm
system inspection or modification pursuant to
Section 3709(c) of this Article, an alarm installa-
tion company must remove the one-plus duress
alarm capability from such alarm systems.

(c) Upon the effective date of this Article,
alarm installation companies shall not install a
device to activate a false alarm, which is a single
action, non-recessed button.

(d) Ninety (90) days after enactment of this
Article, and conditioned upon reasonable avail-
ability, the alarm installation companies shall on
new installations, use only alarm control pan-
els) which meet SIA Control Panel Standard
CP-01.

(e) An alarm company shall not use auto-
matic voice dialers.

(f) After completion of the installation of an
alarm system, an alarm installation company
employee shall review with the alarm user a
Customer False Alarm Prevention Checklist ap-
proved by the Director of Emergency Communi-
cations.

(g) In order to reduce false alarms due to
initial equipment problems, the monitoring com-
pany may agree with the alarm user not to make
an alarm dispatch request of the Department of
Emergency Communications in response to a
burglar alarm signal, excluding panic, duress
and holdup signals, during the first seven (7)
days following an alarm system installation.

(h) A monitoring company shall:

(1) Report alarm signals y using telephone
numbers designated by the Director of Emer-
gency Communications;

(2) Verify every alarm signal, except a panic,
duress or holdup signal, before requesting a law
enforcement response;

(3) Communicate alarm dispatch requests
to the Department of Emergency Communica-
tions in a manner and form determined by the
Director of Emergency Communications;

(4) Communicate cancellations to the De-
partment of Emergency Communications in a
manner and form determined by the Director of
Emergency Communications;

(5) Ensure that all alarm users of alarm
systems equipped with a duress, holdup or panic
alarm are given adequate training as to the
proper use of the alarm;

(6) Communicate any available information
(north, south, front, back, floor, etc.) about the
location on all alarm signals related to the alarm
dispatch request;

(7) Communicate type of alarm activation
(silent or audible, interior or perimeter);

(8) Provide an alarm user license number
when requesting Department of Emergency Com-
munications dispatch;

1219

Police Emergency Alarm Ordinance

Sec. 3710.2.

(9) After an alarm dispatch request, promptly
advise the Department of Emergency Communi-
cations if the monitoring company knows that
the alarm user or the responder is on the way to
the alarm site;

(10) Attempt to contact the alarm user or
responder within 24 hours via mail, fax, tele-
phone or other electronic means when an alarm
dispatch request is made; and

(11) Upon the effective date of this Article,
monitoring companies must maintain for a pe-
riod of at least one (1) year from the date of the
alarm dispatch request, records relating to alarm
dispatch requests. Records must include the name,
address and telephone number of the alarm user,
the alarm license number, the alarm system
zone(s) activated, the time of alarm dispatch
request and evidence of an attempt to verify. The
Director of Emergency Communications may re-
quest copies of such records for individually
named alarm users. If the request is made within
sixty (60) days of an alarm dispatch request, the
monitoring company shall furnish requested
records within three (3) business days of receiv-
ing the request. If the records are requested
between sixty (60) days to one (1) year after an
alarm dispatch request, the monitoring company
shall furnish the requested records within thirty
(30) days of receiving the request.

(i) An alarm installation company and/or
monitoring company that purchases alarm sys-
tem accounts from another person shall notify
the Tax Collector of such purchase and provide
details as may be reasonably requested by the
Tax Collector.

(j) Each alarm installation and alarm moni-
toring company shall, upon request, provide a
copy of this Article to any new customer with
whom it contracts to install and/or monitor an
alarm system. (Added by Ord. 154-02, File No.
021078, App. 7/12/2002; amended by Ord. 30-03,
File No. 021995, App. 2/28/2003. Former Sec.
3710 added by Ord. 524-83, App. 11/4/83; re-
pealed by Ord. 154-02)

SEC. 3710.1. ADDITIONAL DUTIES OF
ALARM INSTALLATION COMPANY.

(a) An alarm installation company shall not
install an alarm for a customer who does not
have a current valid license under this Article,

provided, however, that the installation company
may provide the customer with a license appli-
cation form, and shall accept from the customer
the completed form and the applicable license fee
on behalf of the Tax Collector, after which the
company may install the alarm system.

(b) No later than last day of each month
following the month of collection or receipt, the
installation company shall remit to the Tax Col-
lector as a single check all license fees collected
and completed license applications received. Re-
mittance reports shall be in a format approved
by the Tax Collector and shall include the name,
license number, and alarm system location of
each alarm user who has paid the fee and any
other information required by the Tax Collector.

(c) The alarm installation company shall
maintain its records in such a manner so as to be
able to cross-reference the alarm user's name,
the alarm system's location, and the license
number assigned by the Tax Collector. (Added by
Ord. 30-03, File No. 021995, App. 2/28/2003;
amended by Ord. 297-04, File No. 041336, App.
12/24/2004)

SEC. 3710.2. ADDITIONAL DUTIES OF
ALARM MONITORING COMPANY.

(a) An alarm monitoring company shall not
service a new customer who does not have a
current valid license under this Article, provided
that the monitoring company may provide the
customer with a license application form and
shall accept from the customer the completed
form and the applicable license fee on behalf of
the Tax Collector, after which the company may
service the alarm system.

(b) No later than December 1 of each year,
and beginning in 2005, no later than November 1
of each year, an alarm monitoring company do-
ing business in San Francisco shall notify each of
its customers of the license renewal for the
following year and shall bill such customers for
the license fee required under this Article. Such
bill shall be due and payable in not more than 30
days. The notification may be part of the company's
regular billing or a separate notice, and shall be
in a form approved by the Tax Collector. The

Sec. 3710.2.

San Francisco - Police Code

1220

company shall also provide the customer with a
copy of the license renewal form. The alarm
monitoring company shall be responsible for
collecting the license renewal fee from the cus-
tomer.

(c) No later than last day of each month
following the month of collection or receipt, the
monitoring company shall remit to the Tax Col-
lector as a single check all license fees collected,
completed license applications received, and a
list of customers who have not paid the fee.
Remittance reports shall be in a format approved
by the Tax Collector and shall include the name,
license number, and alarm system location of
each alarm user who has paid the fee, and any
other information required by the Tax Collector.

(d) The alarm monitoring company shall
maintain its records in such a manner so as to be
able to cross-reference the alarm user's name,
the alarm system's location, and the license
number assigned by the Tax Collector.

(e) The billing and remittance provisions of
this Section shall only apply to a monitoring
company that has a direct contractual relation-
ship with the alarm user. If a monitoring com-
pany has no such direct contractual relationship,
and instead provides monitoring services pursu-
ant to a subcontract with the alarm installation
company or any other person or company, then
the installation or other such person or company
shall be responsible for meeting the billing and
remittance requirements of this Section. How-
ever, the monitoring company shall continue to
be responsible for complying with all other ap-
plicable provisions of this Article, including, but
not limited to, the requirements of Section 3710.
(Added by Ord. 30-03, File No. 021995, App.
2/28/2003; amended by Ord. 297-04, File No.
041336, App. 12/24/2004)

SEC. 3710.3. COLLECTION OF LICENSE
FEE BY ALARM COMPANIES.

(a) Alarm installation and monitoring com-
panies shall hold fee revenues in trust for the
City and shall remit the revenues collected as
the fee to the Tax Collector as provided in this
Article.

(b) The fees collected by alarm companies
under this Article shall be stated separately in
the alarm companies' billings to their customers.

(c) If the amount paid by a customer is less
than the full amount of the charges for service
and the license or license renewal fee which have
accrued for the billing period, and if the cus-
tomer remitting has not indicated how to allo-
cate the payment as between alarm company
service charges and alarm license fees, then a
proportionate share of both the charges for ser-
vice and the fee shall be deemed to have been
paid. (Added by Ord. 30-03, File No. 021995,
App. 2/28/2003)

SEC. 3710.4. LIABILITY FOR FEE.

(a) Any fee required to be paid by an alarm
user under the provisions of this Article shall be
deemed a debt owed by the alarm user to the
City until it has been paid to the City, except that
proof of actual payment to an alarm company is
sufficient to relieve the alarm user from further
liability for the fee.

(b) Any fee required to be collected by an
alarm company under the provisions of this
Article shall be deemed a debt owed to the City
and County of San Francisco by the company
required to collect and remit such fee, if the
alarm company has failed to take reasonable
steps to collect the fee. A company will be deemed
to have taken reasonable steps if, at a minimum,
it bills the alarm user, waits 30 days, timely bills
the user a second time, and then informs the
City of the user's continued nonpayment.

(c) Whenever an alarm company remits funds
collected as a license or license renewal fee to the
City, the alarm company shall also provide the
City with the name and address of any customer
refusing or failing to pay the fee for a period of
one or more billing periods and shall state the
amount of such fee remaining unpaid, and such
other information as the Tax Collector may re-
quire. The Tax Collector may assume responsi-
bility for collection of any fees due and payable
for the stated periods and demand payment of
such fees, plus administrative costs, interest,
and penalties, if any.

1221

Police Emergency Alarm Ordinance

Sec. 3710.6.

(d) Any person owing money to the City
under the provisions of this Article shall be liable
in an action brought in the name of the City and
County for the recovery of such amount. (Added
by Ord. 30-03, File No. 021995, App. 2/28/2003;
amended by Ord. 297-04, File No. 041336, App.
12/24/2004)

SEC. 3710.5. INTEREST AND
PENALTIES.

(a) Any fee or false alarm penalty not paid
by the due date is delinquent.

(b) Alarm User. Failure by an alarm user
to pay any fee or false alarm penalty herein
imposed shall result in the following interest and
penalties on the alarm user:

(i) If a license fee or false alarm penalty is
not paid within 30 days after the same becomes
due, the Tax Collector shall add 50 percent to the
amount of the stated fee or penalty as a penalty
for non-payment.

(ii) In addition to the penalties imposed in
this Subsection (b), any alarm user who fails to
pay any fee or false alarm penalty imposed by
this Article, shall pay interest on the amount of
the fee or penalty, exclusive of late payment
penalties, plus an additional collection charge for
each delinquent account in an amount to be
determined by rules and regulations of the Tax
Collector. The Tax Collector shall establish col-
lection charges sufficient to reimburse the costs
incurred by the City for collecting delinquent
fees or penalties. Interest shall be paid at the
rate of one percent per month, or fraction thereof.
Interest and collection charges shall accrue 90
days after the original due date.

(iii) The penalties, interest and collection
charges imposed in this Subsection (b) shall not
be collected by the alarm company, but shall be
determined and collected by the City and County
as set forth hereinafter.

(c) Alarm Companies. Interest and penal-
ties for delinquency in remittance of any fee not
remitted shall be assessed as follows:

(i) Any alarm company who fails to remit
any fee imposed by this Article within 10 days
after receipt of written notice from the Tax
Collector of such failure shall pay a penalty of 10
percent of the amount of the fee.

(ii) If the Tax Collector determines that the
nonpayment of any remittance due hereunder is
due to fraud or an intentional disregard of the
provisions of this Article or of any applicable rule
or regulation of the Tax Collector, a penalty of
100 percent of the amount of the fee shall be
added thereto in addition to the penalty stated in
subparagraph (i) of this Subsection.

(iii) In addition to the penalties imposed in
this Subsection (c), any alarm company who fails
to remit any fee imposed by this Article shall pay
interest on the amount of the fee, exclusive of
penalties, from the date on which the remittance
first became delinquent until paid. Interest shall
be paid at the rate of one percent per month, or
fraction thereof. (Added by Ord. 30-03, File No.
021995, App. 2/28/2003)

SEC. 3710.6. ALARM COMPANIES;
FAILURE TO REPORT AND REMIT FEE;
DETERMINATION OF FEE BY TAX
COLLECTOR.

(a) If any alarm company shall fail or refuse
to make, within the time provided in this Article,
any report and remittance of said fee or any
portion thereof required by this Article, the Tax
Collector may make a determination based upon
an estimate of the total liability of the alarm
company. The estimate shall be made for the
period or periods in respect to which the alarm
company failed to timely make a return or failed
to timely remit any fees, and may be based upon
any information which is in the Tax Collector's
possession or may come into his or her posses-
sion. Upon the basis of this estimate, the Tax
Collector shall compute and determine the amount
required to be paid to the City and County,
adding to the sum interest and penalties pro-
vided by this Article.

(b) In case such determination is made, the
Tax Collector shall give a notice of the amount so
assessed by serving the determination person-
ally or by depositing it in the United States mail,
postage prepaid, addressed to the alarm com-
pany so addressed at its last known place of
address. Such alarm company may within 10

Sec. 3710.6.

San Francisco - Police Code

1222

days after the serving or mailing of such notice
make application in writing to the Tax Collector
for a hearing to protest the determination.

(c) If application by the alarm company for
a hearing is not made within the time pre-
scribed, the fee, interest and penalties, if any,
determined by the Tax Collector shall become
final and conclusive and immediately due and
payable. If such application is made, the Tax
Collector shall forward such application to a
hearing officer designated by the Director of
Emergency Communications, giving not less than
five days 1 written notice in the manner pre-
scribed herein to the alarm company to show
cause at a time and place fixed in said notice why
the amount specified in the determination should
not be fixed for such fee, interest and penalties.
At such hearing, the alarm company may appear
and offer evidence why such specified fee, inter-
est and penalties should not be so fixed. After
such hearing, and in accordance with the deci-
sion reached by the hearing officer therein, the
Tax Collector shall determine the proper fee to
be remitted and shall thereafter give written
notice to the alarm company in the manner
prescribed herein of such determination and the
amount of such fee, interest and penalties. The
amount determined to be due shall be payable
within 15 days. (Added by Ord. 30-03, File No.
021995, App. 2/28/2003)

SEC. 3710.7. REFUNDS.

(a) An alarm company may claim a refund
or claim a credit a against fees to be collected and
remitted of the amount overpaid or paid more
than once or erroneously or illegally collected or
received by filing a claim in the manner provided
in Sections 6.15-1 et seq. of the Business and Tax
Regulations Code; provided, however, that nei-
ther a refund or a credit shall be allowed unless
the amount of the fee so collected has either been
refunded to the person entitled thereto or cred-
ited to the charges subsequently payable by such
person to the alarm company.

(b) An alarm user may obtain a refund of
fees overpaid or paid more than once or errone-
ously or illegally collected or received by the City
and County by filing a claim in the manner

provided in Sections 6.15-1 et seq. of the Busi-
ness and Tax Regulations Code, but only when
the fee was paid by the alarm user directly to the
Tax Collector, or when the alarm user, having
paid the fee to the alarm company, establishes to
the satisfaction of the Tax Collector that the
alarm user has been unable to obtain a refund
from the alarm company who collected the fee.
(Added by Ord. 30-03, File No. 021995, App.
2/28/2003)

SEC. 3710.8. FAILURE TO PAY FEE;
ADMINISTRATIVE REMEDY.

(a) If the Tax Collector determines that
alarm user has deliberately withheld the amount
of the fee to be remitted to an alarm company or
that an alarm user has failed to pay the amount
of the fee for a period of one or more billing
periods, or if the Tax Collector deems it in the
best interest of the City and County, he or she
may assume responsibility for collection of fees
due under this Article from certain named alarm
users for specified billing periods. The Tax Col-
lector shall notify the alarm user that the Tax
Collector has assumed responsibility for collec-
tion of the fees due and payable for the stated
periods and demand payment of such fees. The
notice shall be served on the alarm user by
handing it to him or her personally or by deposit
of the notice in the United States mail, postage
prepaid thereon, addressed to the alarm user at
the address to which billing was made by the
alarm company, or, should the alarm user have
changed his or her address, to his or her last
known address.

(b) If an alarm user fails to remit the fee to
the Tax Collector, the alarm user shall be subject
to the interest and penalties provided in Section
3710.5, in addition to any other penalty imposed
by this Article. (Added by Ord. 30-03, File No.
021995, App. 2/28/2003)

SEC. 3710.9. ADMINISTRATIVE
AGREEMENTS.

The Tax Collector may make administrative
agreements with alarm companies to vary the
strict requirements of this Article so that collec-
tion and/or remittance of any fee imposed herein

1223

Police Emergency Alarm Ordinance

Sec. 3713.

may be made in conformance with the billing
procedures of a particular alarm company so
long as the overall result of said agreements
results in the timely collection and remittance of
the fee in conformance with the general purpose
and scope of this Article. A copy of each such
agreement shall be on file and available for
public examination in the Tax Collector's office.
(Added by Ord. 30-03, File No. 021995, App.
2/28/2003)

SEC. 3711. LICENSE OR LICENSING.

All alarm installation companies and moni-
toring companies shall maintain any license re-
quired under state or local law. (Added by Ord.
154-02, File No. 021078, App. 7/12/2002)

SEC. 3712. DUTIES AND AUTHORITY
OF THE DIRECTOR OF EMERGENCY
COMMUNICATIONS AND THE TAX
COLLECTOR.

(a) The Director of Emergency Communica-
tions shall have general responsibility for publi-
cizing the existence and requirements of this
Article. In addition, the Director shall:

(1) Designate a manner, form and tele-
phone numbers for the communication of alarm
dispatch requests; and

(2) Establish a procedure to accept cancel-
lation of alarm dispatch requests.

(b) The Director of Emergency Communica-
tions shall establish a procedure to record infor-
mation on alarm dispatch requests including,
but not limited to, the information listed below.

(1) Identification of the license number for
the alarm site;

(2) Identification of the alarm site;

(3) Date and time alarm dispatch request
was received, including the name of the monitor-
ing company and the monitoring operator name
or number;

(4) Date and time of police officer arrival at
the alarm site;

(5) Zone and zone description, if available;

(6) Name of alarm user's representative at
alarm site, if any;

(7) Whether responding police officer was
unable to locate the address of the alarm site;
and

(8) Cause of alarm signal, if known.

(c) The Tax Collector shall establish a pro-
cedure for the notification to the alarm user of a
false alarm. The notice shall include the follow-
ing information:

(1) The date and time of Police Department
response to the false alarm;

(2) The identification number of the respond-
ing police officer; and

(3) A statement urging the alarm user to
ensure that the alarm system is properly oper-
ated, inspected, and serviced in order to avoid
false alarms and resulting penalties.

(d) The Director of Emergency Communica-
tions may require an alarm user to remove an
alarm device that is a single action, non-recessed
button, if a false alarm has occurred.

(e) The Tax Collector and the Director of
Emergency Communications will provide a copy
of this Article and/or an Article summary sheet
to the alarm user upon request. (Added by Ord.
154-02, File No. 021078, App. 7/12/2002; amended
by Ord. 30-03, File No. 021995, App. 2/28/2003)

SEC. 3713. LICENSE ADMINISTRATION,
SUSPENSION AND REVOCATION.

(a) Except where this Article or a rule or
regulation of the Tax Collector provides to the
contrary, all alarm licenses issued under the
provisions of this Article shall be administered
under the applicable provisions of Article 1 of the
San Francisco Business and Tax Regulations
Code, except as otherwise provided in this Ar-
ticle.

(b) The Department of Emergency Commu-
nications and the Tax Collector may adopt such
rules, regulations, and procedures as he or she
determines necessary for his or her department
to administer the functions assigned to his or her
department under this Article.

Sec. 3713.

San Francisco - Police Code

1224

(c) Any license issued under this Article
may be suspended or revoked for good cause by
the Director. (Added by Ord. 154-02, File No.
021078, App. 7/12/2002; amended by Ord. 30-03,
File No. 021995, App. 2/28/2003)

SEC. 3714. PENALTIES.

(a) No penalty shall be assessed for the first
false alarm from an alarm system during the
calendar year. Thereafter, the alarm user shall
pay a penalty for each subsequent false alarm
from the same alarm system during the calendar
year, based upon the following schedule:

Number of False Alarms Penalties

1 no penalty

2 $100

3 $150 per alarm

4 $200 per alarm

5 $250 per alarm

(b) In addition to the penalties provided in
subsection (a), any person operating a non-
licensed alarm system will be subject to a pen-
alty of $100, as well as a penalty of $250 for each
false alarm, including the first false alarm dur-
ing the calendar year. A non-licensed alarm sys-
tem includes a system for which a license has not
been obtained or for which a license has been
suspended or revoked. The Director of Emer-
gency Communications and/or the Tax Collector
may waive the first $100 penalty for a non-
licensed system if the alarm user submits an
application for alarm license (or for reinstate-
ment of a license) within ten (10) days after
notification of such violation.

(c) If cancellation occurs prior to the Police
Department arriving at the scene, the Director
may determine that the cancellation will not be
counted as a false alarm for the purpose of
assessing penalties.

(d) The alarm installation company will be
subject to a penalty of $250 if the officer respond-
ing to the false alarm determines that an on-site
employee of the alarm installation company di-
rectly caused the false alarm. In this situation,
the false alarm will not be counted against the
alarm user.

(e) The monitoring company will be issued
a penalty of $250 for each failure to verify alarm
system signals as specified in Section 3710(h)(2).

(f) The alarm installation or monitoring com-
pany will be issued a penalty of $500 if the
Director or the Tax Collector determines that an
alarm installation or monitoring company em-
ployee knowingly made a false statement relat-
ing to its duties and obligations under this Ar-
ticle, including but not limited to statements
concerning the inspection of an alarm site or the
performance of an alarm system.

(g) Any penalty imposed under this Section
shall be subject to the collection and enforcement
provisions of Sections 3710.5 and 3718, including
late payment penalties and accrual of interest.
The Tax Collector may enforce the provisions of
this Article by administrative citation, as pro-
vided in Sections 6.19-3 et seq. of the Business
and Tax Regulations Code. (Added by Ord. 154-
02, File No. 021078, App. 7/12/2002; amended by
Ord. 30-03, File No. 021995, App. 2/28/2003)

SEC. 3715. NOTIFICATION.

The Tax Collector shall notify the alarm user
in writing after each false alarm. The notifica-
tion shall include: the amount of the penalty for
the false alarm, and a description of the appeals
procedure available to the alarm user.

The Director of Emergency Communications
will notify the alarm user and the alarm instal-
lation company or monitoring company in writ-
ing after an alarm license has been suspended or
revoked. This notice will include the reason(s) for
the suspension or revocation, any outstanding
fees or penalties, any outstanding corrective ac-
tions required by the Director, and a description
of the appeals procedure available to the alarm
user and the alarm installation company or
monitoring company.

Notice shall be by first class mail to the
alarm user within fifteen (15) days of police
response to a false alarm or to the alarm user
and the alarm installation company or monitor-
ing company within fifteen (15) days after an

1225

Police Emergency Alarm Ordinance

Sec. 3717.

alarm license has been suspended or revoked.
(Added by Ord. 154-02, File No. 021078, App.
7/12/2002; amended by Ord. 30-03, File No.
021995, App. 2/28/2003)

SEC. 3716. APPEALS.

(a) If the Director of Emergency Communi-
cations revokes or suspends an alarm license,
assesses a penalty, or denies the issuance, re-
newal or reinstatement of an alarm license, the
Director shall send written notice of the action
and a statement of the right to an appeal to
either the affected applicant or alarm user and
the alarm installation company and/or monitor-
ing company.

(b) The alarm user, alarm installation com-
pany or monitoring company may appeal the
decision of the Director as follows:

(1) The applicant, alarm user, alarm instal-
lation company or the monitoring company may
file a written request for a review by paying an
appeal fee of $35 and setting forth the reasons
for the appeal within twenty (20) business days
after the date of notification of the decision from
the Director. The person filing the appeal must
also deposit with the Tax Collector the full amount
of any penalty imposed, plus any accrued inter-
est and costs. Appeal fees, and any other amount
deposited with the Tax Collector, will be re-
turned to the appealing alarm user, alarm instal-
lation company or monitoring company if the
appeal is upheld.

(2) The Director may grant, but not deny,
the appeal based upon an initial review of the
appellant's written submission, in addition to
any other information which is in the Director's
possession or may come into his or her posses-
sion.

(3) If, after his or her initial review, the
Director does not grant the appeal or determines
that a hearing is appropriate or necessary, the
Director shall appoint a hearing officer to con-
duct a formal hearing within thirty (30) days of
the receipt of the request and consider the evi-
dence submitted by any interested person(s).
The hearing officer shall not be a employee
whose regular duties include administration or

enforcement of this Article. The hearing officer
shall make his or her decision affirming or re-
versing the decision of the Director on the basis
of the preponderance of evidence presented at
the hearing, and must render the decision within
thirty (30) days after the date of the hearing.

(c) Filing of a request for appeal shall stay
the action by the Director revoking or suspend-
ing an alarm license or requiring payment of a
penalty, until the completion of the appeal. If a
request for appeal is not made within the twenty
(20) business day period, the action of the Direc-
tor is final.

(d) The Director or the hearing officer may
adjust the count of false alarms based on:

(1) Evidence that a false alarm was caused
by an Act of God;

(2) Evidence that a false alarm was caused
by action of the telephone company;

(3) Evidence that a false alarm was caused
by a power outage lasting longer than four (4)
hours;

(4) Evidence that the alarm dispatch re-
quest was not a false alarm;

(5) Evidence that the police officer response
was not completed in a timely fashion; and/or

(6) In determining the number of false
alarms, multiple alarms occurring in any twenty-
four (24) hour period may, in the Director's or the
hearing officer's discretion, be counted as one
false alarm, to allow the alarm user time to take
corrective action unless the false alarms are
directly caused by the alarm user.

(e) With respect to penalties imposed against
an alarm installation company or monitoring
company, the Director or the hearing officer may
take into consideration whether the alarm com-
pany had engaged in a pattern of violations.
(Added by Ord. 154-02, File No. 021078, App.
7/12/2002; amended by Ord. 30-03, File No.
021995, App. 2/28/2003)

SEC. 3717. REINSTATEMENT.

(a) A person whose alarm license has been
revoked or suspended may, at the discretion of
the Director, have the alarm license reinstated if
the person:

(1) In the case of revocation, submits a new
application and pays a reinstatement fee equal
to one-half of the license renewal fee;

Sec. 3717.

San Francisco - Police Code

1226

(2) Pays, or otherwise resolves, all outstand-
ing fees and penalties; and

(3) Submits a certification from an alarm
installation company, stating that the alarm
system has been inspected and repaired (if nec-
essary) by the alarm installation company.

(b) In addition, the Director may require
one or more of the following as a condition to
reinstatement:

(1) Proof that an employee of the alarm
installation company or monitoring company
caused the false alarm;

(2) Upgrade the alarm control panel to meet
SIA Control Panel Standard CP-01;

(3) A written statement from an indepen-
dent inspector designated by the Director that
the alarm has been inspected and is in good
working order;

(4) Confirmation that all motion detectors
are "dual technology" type;

(5) Confirmation that the alarm system re-
quires two independent zones to trigger before
transmitting an alarm signal to the monitoring
company;

(6) Confirmation that the alarm system re-
quires two independent detectors to trigger be-
fore transmitting an alarm signal to the moni-
toring company;

(7) Certification that the monitoring com-
pany will confirm the need for police response by
a listening device;

(8) Certification that the monitoring com-
pany will confirm the need for police response by
a camera device; or

(9) Certification that the monitoring com-
pany will confirm the need for police response by
a person at the alarm site. (Added by Ord.
154-02, File No. 021078, App. 7/12/2002; amended
by Ord. 30-03, File No. 021995, App. 2/28/2003)

SEC. 3718. ENFORCEMENT.

(a) Any fee or penalty imposed under this
article shall be delinquent 30 days after the
same becomes due or a decision has been issued
in an appeal under the Article, whichever occurs

later. Penalties for late payment, in part or in
full, shall accrue at the rate of one (1) percent
each month, compounded.

(b) Any fee or penalty imposed under this
Article shall be deemed a debt to the City and
County of San Francisco. An action may be
commenced in the name of the City and County
of San Francisco in any court of competent
jurisdiction for the amount of any delinquent
fees or penalties and court costs as deemed
reasonable.

(c) The City and County of San Francisco
may create and impose liens against any prop-
erty owned or operated by a person who fails to
pay any fee or penalty imposed under this Ar-
ticle. Liens shall be imposed and collection pur-
suant to the procedures provided in Article XX of
Chapter 10 of the San Francisco Administrative
Code.

(d) In addition to any other penalties pro-
vided by the law, the City Attorney may bring a
civil action and/or seek injunctive relief to en-
force the provisions of this Article. (Added by
Ord. 154-02, File No. 021078, App. 7/12/2002;
amended by Ord. 30-03, File No. 021995, App.
2/28/2003)

SEC. 3719. GOVERNMENT IMMUNITY.

Issuance of an alarm license is not intended
to, nor will it, create a contract, duty or obliga-
tion, either expressed or implied, of response.
Any and all liability and consequential damage
resulting from the failure to respond to a notifi-
cation is hereby disclaimed and governmental
immunity as provided by law is retained. By
applying for an alarm license, the alarm user
acknowledges that law enforcement response
may be influenced by factors such as: the avail-
ability of police units, priority of calls, weather
conditions, traffic conditions, emergency condi-
tions, staffing levels and prior response history.
(Added by Ord. 154-02, File No. 021078, App.
7/12/2002; amended by Ord. 30-03, File No.
021995, App. 2/28/2003)

SEC. 3720. LICENSES.

(a) The alarm license fee (original or annual
renewal) for a commercial premises shall be $60.
The alarm license fee (original or annual re-

1227

Police Emergency Alarm Ordinance

Sec. 3722.

newal) for a residential premises shall be $40.
The license shall be pro-rated, on a quarterly
basis, for new licenses obtained after February 1.

(b) Beginning with fiscal year 2003-2004,
the fees set in this Section may be adjusted,
without further action by the Board of Supervi-
sors, to reflect changes in the relevant Consumer
Price Index, as determined by the Controller.

No later than April 15th of each pear, the Tax
Collector shall submit the current fee schedule to
the Controller, who shall apply the price index
adjustment to produce a new fee schedule for the
following year; provided, however, that the fees
shall only be adjusted in five-dollar increments,
when cumulative changes in the Consumer Price
Index since the last fee adjustment justify an
increase or decrease of at least five dollars.

No later than May 15th of each year, the
Controller shall file a report with the Board of
Supervisors reporting the new fee schedule and
certifying that: (a) the fees produce sufficient
revenue to support the costs of providing the
services for which each fee is assessed, and (b)
the fees do not produce revenue which is signifi-
cantly more than the costs of providing the
services for which each fee is assessed. (Added by
Ord. 154-02, File No. 021078, App. 7/12/2002;
amended by Ord. 30-03, File No. 021995, App.
2/28/2003; Ord. 297-04, File No. 041336, App.
12/24/2004)

SEC. 3721. INITIAL IMPLEMENTATION.

(a) On the effective date of this ordinance,
every alarm monitoring company doing business
in San Francisco shall send to the Tax Collector
a complete list of its customers with alarm sys-
tems located in San Francisco; the list shall be in
a format acceptable to the Tax Collector. The list
shall include: the name of each customer, the
customer's billing address, the location(s) of the
alarm system(s), and such other information as
the Tax Collector may request. The customer
lists shall be kept confidential to the full extent
allowed by law.

(b) No later than March 1, 2003, every
alarm monitoring company doing business in
San Francisco shall notify and bill each of its

customers for the license fee required under this
Article. This bill shall be due and payable within
30 days. The bill may be part of the company's
regular billing or a separate billing, and shall be
in a form approved by the Tax Collector. The
company shall also provide the customer with a
copy of the license application form. No later
than April 1, 2003, the company shall send a
follow-up notice to its customers who have not
yet paid the fee in full. The company shall be
responsible for collection of the license fee from
the customer.

(c) No later than May 1, 2003, the alarm
monitoring companies shall remit to the Tax
Collector all license fees collected, all completed
license applications received, as well as a list of
customers who have not paid the fee in full and
a list of customers who paid after April 1, 2003.

(d) Notwithstanding the provisions of Sec-
tion 3720(a), license fees for existing customers
of alarm monitoring companies as of March 1,
2003 shall not be prorated for calendar year
2003. (Added by Ord. 30-03, File No. 021995,
App. 2/28/2003. Former Section 3721 was added
by Ord. 154-02, File No. 021078, App. 7/12/2002;
renumbered as Section 3722 by Ord. 30-03)

SEC. 3722. SEVERABILITY.

The provisions of this Ordinance are sever-
able. If a court determines that a word, phrase,
clause, sentence, paragraph, subsection, section,
or other provision is invalid or that the applica-
tion of any part of the provision to any person or
circumstance is invalid, the remaining provi-
sions and the application of those provisions to
other persons or circumstances are not affected
by that decision. (Added by Ord. 154-02, File No.
021078, App. 7/12/2002; renumbered by Ord.
30-03, File No. 021995, App. 2/28/2003)

Sec. 3722. San Francisco - Police Code 1228

[The next page is 1245]

ARTICLE 38: PROHIBITING DISCRIMINATION ON THE BASIS OF
AIDS AND ASSOCIATED CONDITIONS

Sec. 3801. Policy.

Sec. 3802. Findings.

Sec. 3803. Employment.

Sec. 3804. Housing.

Sec. 3805. Business Establishments and

Public Accommodations.

Sec. 3806. Educational Institutions.

Sec. 3807. City Facilities and Services.

Sec. 3808. Association and Retaliation.

Sec. 3809. Testing.

Sec. 3810. Liability.

Sec. 3811. Enforcement.

Sec. 3812. Limitation on Actions.

Sec. 3813. Definitions.

Sec. 3814. Severability.

Sec. 3815. Nonwaiverability.

Sec. 3816. Application to the City and

County of San Francisco.

Sec. 3850. Policy.

Sec. 3851. Findings.

Sec. 3852. Employment.

Sec. 3853. Association and Retaliation.

Sec. 3854. Testing.

Sec. 3855. Liability.

Sec. 3856. Enforcement.

Sec. 3857. Limitation on Actions.

Sec. 3858. Severability.

Sec. 3859. Nonwaiverability.

Sec. 3860. Application to the City and

County of San Francisco.

SEC. 3801. POLICY.

It is the policy of the City and County of San
Francisco to eliminate discrimination based on
the fact that a person has AIDS or any medical
signs or symptoms related thereto. In adopting
this ordinance, the Board of Supervisors does not
intend to proscribe any activity the proscription

of which would constitute an infringement of the
free exercise of religion as guaranteed by the
United States and California constitutions. (Added
by Ord. 499-85, App. 11/20/85)

SEC. 3802. FINDINGS.

After public hearings and consideration of
testimony and documentary evidence, the Board
of Supervisors finds and declares that the medi-
cal condition described as acquired immune de-
ficiency syndrome, and commonly known as AIDS,
is a deadly disease which has the potential to
affect every segment of the City's population.
AIDS was first recognized in 1981. It is now seen
as the top priority of the United States Public
Health Service.

AIDS is the most severe manifestation of a
spectrum of clinical disease caused by a virus,
variously known as human T-lymphotropic virus
type III, lymphadenopathy-associated virus, or
AIDS-associated retrovirus, which attacks and
cripples the body's immune system by killing
T-helper lymphocytes, thereby leaving the body
vulnerable to opportunistic infections and malig-
nancies. A person afflicted with AIDS can suffer
a variety of viral, bacterial, fungal, and protozoal
infections and malignancies which eventually
lead to death, usually within one year after
diagnosis.

The spread of the virus has occurred only
through the exchange of body fluids, that is
blood, blood products, or semen, between indi-
viduals. No evidence exists to indicate that the
virus can be spread by casual person-to-person
contact. Medical studies of families in which one
or more members have been infected with HTLV-
III/LAV/ARV show no spread of the virus other
than through sexual intercourse or from mother
to fetus in utero. Medical studies of hospital
personnel caring for AIDS patients show no
spread of the virus other than through needle
sticks. The public health of the danger presented

1245

Sec. 3802.

San Francisco - Police Code

1246

by the virus and its subsequent manifestations
of AIDS-related complex and AIDS is caused by a
lengthy asymptomatic period of infection during
which an apparently healthy individual may
unknowingly spread the disease to other persons
through the exchange of blood, blood products, or
semen. AIDS is concentrated primarily in urban
areas, with the City and County of San Francisco
having the largest incidence of the disease in the
country. In the opinion of the scientific, medical,
and public health communities, AIDS will con-
tinue to increase at a high rate within our City
for the foreseeable future.

AIDS and AIDS-related complex by their
nature have created a minority of our citizens
who are afflicted with a seriously disabling con-
dition whose ultimate outcome is fatal. Individu-
als infected with the virus represent a signifi-
cant segment of our population particularly
victimized due to the nature of their infection
and to the present climate of misinformation,
ignorance, and fear in the general population.
Discrimination against victims of AIDS and AIDS-
related conditions exists in the City and County
of San Francisco. Persons with AIDS or AIDS-
related conditions are faced with discrimination
in employment, housing, business establish-
ments, city facilities, city services, and other
public accommodations. This discrimination poses
a substantial threat to the health, safety, and
welfare of the community. Existing state and
federal restraints on such arbitrary discrimina-
tion are inadequate to meet the particular prob-
lems of this City and County. (Added by Ord.
499-85, App. 11/20/85)

SEC. 3803. EMPLOYMENT.

(a) Prohibited Activity. It shall be unlaw-
ful for any person to do any of the following acts
as a result of the fact, in whole or in part, that a
person has AIDS or any of the associated condi-
tions covered by this Article:

deprive or tend to deprive any individual of
employment opportunities, or otherwise ad-
versely affect his/her status as an employee;

(2) By an employment agency: To fail or
refuse to refer for employment or for consider-
ation as an independent contractor any indi-
vidual; or otherwise to discriminate against any
individual;

(3) By a labor organization: To exclude or
expel from its membership or to otherwise dis-
criminate against any individual; or to limit,
segregate or classify its membership; or to clas-
sify or fail or refuse to refer for employment any
individual in any way which would deprive or
tend to deprive such individual of employment
opportunities, or would limit such employment
opportunities, or otherwise adversely affect his/
her status as an employee or as an applicant for
employment;

(4) By any person engaging the services of
an independent contractor: To fail or refuse to
engage the services of, or to terminate the ser-
vices of, any independent contractor; to discrimi-
nate against any independent contractor with
respect to the terms or conditions under which
the contracted for work is performed or evalu-
ated or otherwise to deprive or tend to deprive
such individual of a fair opportunity to perform
the contracted for work;

(5) By an employer, employment agency or
labor organization;

(b) Bona Fide Occupational Qualifica-
tion Not Prohibited; Burden of Proof.

(1) Nothing contained in this Section shall
be deemed to prohibit selection or rejection based
upon a bona fide occupational qualification.

1247

Prohibiting Discrimination on the Basis of
AIDS and Associated Conditions

Sec. 3805.

(2) In any action brought under Section
3811 of this Article (Enforcement), if a party
asserts that an otherwise unlawful discrimina-
tory practice is justified as a bona fide occupa-
tional qualification, that party shall have the
burden of proving:

(i) That the discrimination is in fact a nec-
essary result of a bona fide occupational qualifi-
cation; and

(ii) That there exists no less discriminatory
means of satisfying the occupational qualifica-
tion.

(3) The capacity of an individual to perform
his or her duties without endangering his or her
health or safety, or the health or safety of others
is a bona fide occupational qualification.

(c) Exceptions. Nothing in this Section shall
be construed to prohibit any act specifically
authorized by the laws of the State of California
or any actions taken by or under the direction of
the San Francisco Department of Public Health
in order to protect the public health. (Added by
Ord. 499-85, App. 11/20/85; amended by Ord.
222-02, File No. 021462, App. 11/15/2002)

SEC. 3804. HOUSING.

(2) To include in the terms or conditions of a
transaction in real property and clause, condi-
tion or restriction;

such financing; or refuse to provide title or other
insurance relating to the ownership or use of any
interest in real property;

(4) To refuse or restrict facilities, services,
repairs or improvements for any tenant or les-
see;

(b) Exceptions.

(1) Nothing in this Article shall be deemed
to permit any rental or occupancy of any dwell-
ing unit or commercial space otherwise prohib-
ited by law.

(2) Nothing in this Section shall be con-
strued to prohibit any act specifically authorized
by the laws of the State of California or any
actions taken by or under the direction of the
San Francisco Department of Public Health in
order to protect the public health. (Added by Ord.
499-85, App. 11/20/85)

SEC. 3805. BUSINESS
ESTABLISHMENTS AND PUBLIC
ACCOMMODATIONS.

(a) Prohibited Activity. It shall be an un-
lawful practice for any person to do any of the
following acts as a result of the fact, in whole or
in part, that a person has AIDS or any of the
associated conditions covered by this Article:

(1) To deny any individual the full and
equal enjoyment of the foods, services, facilities,
privileges, advantages and accommodations of
any business establishment or public accommo-
dation;

(2) For any business establishment or pub-
lic accommodation to boycott or blacklist, to
surcharge, or to refuse to buy from, contract
with, sell to, or trade with any person.

Sec. 3805.

San Francisco - Police Code

1248

(b) Advertising. No person shall make,
print, publish, advertise or disseminate in any
way any notice, statement or advertisement with
respect to any business establishment or public
accommodation which indicates that a person is
doing or will do anything which this Section
prohibits.

SEC. 3806. EDUCATIONAL
INSTITUTIONS.

(a) Prohibited Activity. It shall be an un-
lawful educational practice for any person to do
any of the following:

(1) To deny admission, or to impose differ-
ent terms or conditions on admission, as a result
of the fact, in whole or in part, that a person has
AIDS or any of the associated-conditions covered
by this Article.

(2) To deny any individual the full and
equal enjoyment of, or to impose different terms
or conditions upon the availability of, any facility
owned or operated by or any service or program
offered by an educational institution as a result
of the fact, in whole or in part, that a person has
AIDS or any of the associated conditions covered
by this Article.

(b) Exceptions.

(1) It shall not be an unlawful discrimina-
tory practice for a religious or denominational
institution to limit admission, or give other pref-
erence to applicants of the same religion.

SEC. 3807. CITY FACILITIES AND
SERVICES.

(a) Prohibited Activity. It shall be an un-
lawful practice for any person to deny any person
the full and equal enjoyment, or to impose dif-
ferent terms and conditions on the availability, of
any of the following:

(1) Use of any City facility or City service as
a result of the fact, in whole or in part, that a
person has AIDS or any of the associated condi-
tions covered by this Article.

(2) Any service, program or facility wholly
or partially funded or otherwise supported by the
City and County of San Francisco, as a result of
the fact, in whole or in part, that a person has
AIDS or any of the associated conditions covered
by this Article.

(b) Exceptions. Nothing in this Section
shall be construed to prohibit any act which is
specifically authorized by the laws of the State of
California or any actions taken by or under the
direction of the San Francisco Department of
Public Health in order to protect the public
health. (Added by Ord. 499-85, App. 11/20/85)

SEC. 3808. ASSOCIATION AND
RETALIATION.

(a) Association. It shall be unlawful for
any person to do any of the acts described in
Sections 3803(a), 3804(a), 3805(a), 3805(b), 3806(a)
or 3807(a) as a result of the fact that a person
associates with anyone who has AIDS or any of
the associated conditions covered by this Article.

(b) Retaliation. It shall be unlawful for
any person to do any of the acts described in
Sections 3803(a), 3804(a), 3805(a), 3805(b), 3806(b)
or 3807(a) or to retaliate against a person be-
cause a person:

(i) Has opposed any act or practice made
unlawful by this Article;

(ii) Has supported this Article and its en-
forcement;

(iii) Has filed a complaint under this Article
with the San Francisco Human Rights Commis-
sion or any court:

(iv) Has testified, assisted or participated
in any way in any investigation, proceeding, or
litigation under this Article. (Added by Ord.
499-85, App. 11/20/85)

1249

Prohibiting Discrimination on the Basis of
AIDS and Associated Conditions

Sec. 3813.

SEC. 3809. TESTING.

(a) No person shall require another to take
any test or undergo any medical procedure de-
signed to show or help show that a person has
AIDS or any of the associated conditions covered
by this Article.

(b) Subsection (a) does not apply to an em-
ployer who can show that the absence of AIDS is
a bona fide occupational qualification.

(c) Nothing in this Section shall be con-
strued to prohibit any act specifically authorized
by the laws of the State of California Depart-
ment of Public Health in order to protect the
public health. (Added by Ord. 499-85, App. 11/20/
85)

SEC. 3810. LIABILITY.

Any person who violates any of the provisions
of this Article or who aids in the violation of any
provisions of this Article is liable for each and
every such offense for the actual damages, and
such amount as may be determined by a jury, or
a court sitting without a jury, up to a maximum
of three times the amount of actual damage but
in no case less than $1,000, and such costs and
attorney's fees as may be determined by the
court. In addition, punitive damages may be
awarded in a proper case. (Added by Ord. 499-85,
App. 11/20/85)

SEC. 3811. ENFORCEMENT.

(a) Human Rights Commission. Any per-
son who believes that he or she has been dis-
criminated against in violation of the provisions
of this Article may file with the Human Rights
Commission a request to have the Commission
investigate and mediate his or her complaint
under the provisions of Chapter 12A of the Ad-
ministrative Code of the City and County of San
Francisco.

(b) Civil Action. Any aggrieved person may
enforce the provisions of this Article in a civil
action.

(1) Any person who commits, or proposes to
commit, an act in violation of this Article may be
enjoined therefrom by any court of competent
jurisdiction.

(2) An action for equitable relief under this
subsection may be brought by any aggrieved
person, by the District Attorney, by the City
Attorney, or by any other person.

(d) Bar. A complaint to the Human Rights
Commission is not a prerequisite to the filing of
a civil action under this Section. The pendency of
a complaint before the Human Rights Commis-
sion shall not bar any civil action under this
Section, but a final judgment in any civil action
shall bar any further proceedings by the Human
Rights Commission. (Added by Ord. 499-85, App.
11/20/85; amended by Ord. 222-02, File No.
021462, App. 11/15/2002)

SEC. 3812. LIMITATION ON ACTIONS.

Judicial actions or requests to the Human
Rights Commission under this Article must be
filed within two years of the alleged discrimina-
tory acts. (Added by Ord. 499-85, App. 11/20/85)

SEC. 3813. DEFINITIONS.

As used in this Article, the following words or
phrases shall have the meanings indicated:

(a) The word "AIDS" shall mean the condi-
tion which occurs when an individual is infected
with the virus known as lymphadenopathy-
associated virus or human T-lymphotropic virus
type III or AIDS-associated retrovirus including,
but not limited to, acquired immunodeficiency
syndrome (AIDS), AIDS-related complex, progres-
sive generalized lymphadenopathy, lymphaden-
opathy syndrome, and asymptomatic infection.
It also includes anyone who has any medical
condition as a result of having any of the above.
It also includes any perception, whether real or
imaginary, that a person is suffering from AIDS,
any of the conditions described above, or the
perception, real or imaginary, that a person is at
risk for any of the conditions described above.

Sec. 3813.

San Francisco - Police Code

1250

(b) The phrase "business establishment" shall
mean any entity, however organized, which fur-
nishes goods or services to the general public. An
otherwise qualifying establishment which has
membership requirements is considered to fur-
nish services to the general public if its member-
ship requirements consist only of payment of
fees or consist of requirements under which a
substantial portion of the residents of this City
could qualify

(c) The word "person" as used in this Article
shall mean any individual, person, firm, corpo-
ration, or other organization or group of persons
however organized. For the purposes of Section
3805(a)(2), "person" shall also mean, and include
the partners, managers, employees, agents, busi-
ness associates, suppliers or customers of a firm,
corporation, business or other organization. (Added
by Ord. 499-85, App. 11/20/85; amended by Ord.
222-02, File No. 021462, App. 11/15/2002)

SEC. 3814. SEVERABILITY.

If any part or provision of this Article, or the
application thereof to any person or circum-
stance is held invalid, the remainder of the
Article, including the application of such part or
provision to other persons or circumstances, shall
not be affected thereby and shall continue in full
force and effect. To this end, provisions of this
Article are severable. (Added by Ord. 499-85,
App. 11/20/85)

SEC. 3815. NONWAIVERABILITY.

Any written or oral agreement which pur-
ports to waive any provision of this Article is
against public policy and void. (Added by Ord.
499-85, App. 11/20/85)

SEC. 3816. APPLICATION TO THE CITY
AND COUNTY OF SAN FRANCISCO.

All the provisions of this Article apply to the
City and County of San Francisco. (Added by
Ord. 499-85, App. 11/20/85)

SEC. 3850. POLICY.

It is the policy of the City and County of San
Francisco to eliminate discrimination based on
the fact that a person has a disease or affliction

that cannot be transmitted by casual contact, or
any symptoms related thereto. In adopting this
ordinance, the Board of Supervisors does not
intend to proscribe any activity the proscription
of which would constitute an infringement of any
right guaranteed by the United States and Cali-
fornia Constitutions. (Added by Ord. 195-86,
App. 6/6/86)

SEC. 3851. FINDINGS.

After public hearings and consideration of
testimony and documentary evidence, the Board
of Supervisors finds and declares that discrimi-
nation in employment against persons with dis-
eases and afflictions that cannot be transmitted
by casual contact exists in the City and County of
San Francisco. This discrimination cuts across
all racial, ethnic, and economic lines. Such dis-
crimination poses a substantial threat to the
health, safety, and welfare of the community.
Existing state and federal restraints on such
arbitrary discrimination inadequate to meet the
particular problems of this City and County.
(Added by Ord. 195-86, App. 6/6/86)

SEC. 3852. EMPLOYMENT.

(a) Prohibited Activity. It shall be unlaw-
ful for any person to do any of the following acts
as a result of the fact, in whole or in part, that a
person has any disease or affliction that cannot
be transmitted by casual contact:

(2) By an employment agency: To fail or
refuse to refer for employment or for consider-
ation as an independent contractor any indi-
vidual; or otherwise to discriminate against any
individual;

1251

Prohibiting Discrimination on the Basis of
AIDS and Associated Conditions

Sec. 3853.

(3) By a labor organization: To exclude or
expel from its membership or to otherwise dis-
criminate against any individual, or to limit,
segregate or classify its membership; or to clas-
sify or fail or refuse to refer for employment any
individual in any way which would deprive or
tend to deprive such individual of employment
opportunities, or would limit such employment
opportunities, or otherwise adversely affect his/
her status as an employee, independent contrac-
tor, or as an applicant for employment;

(5) By an employer, employment agency or
labor organization:

(b) Bona Fide Occupational Qualifica-
tion Not Prohibited; Burden of Proof.

(1) Nothing contained in this Section shall
be deemed to prohibit selection or rejection based
upon a bona fide occupational qualification.

(2) In any action brought under Section
3856 of this Article (Enforcement), if a party
asserts that an otherwise unlawful discrimina-

tory practice is justified as a bona fide occupa-
tional qualification, that party shall have the
burden of proving:

(i) That the discrimination is in fact a nec-
essary result of a bona fide occupational qualifi-
cation; and,

(ii) That there exists no less discriminatory
means of satisfying the occupational qualifica-
tion.

(3) The capacity of an individual to perform
his or her duties without endangering his or her
health or safety, or the health or safety of others
is a bona fide occupational qualification.

(d) Definition. For the purposes of this
ordinance, "person" shall mean any individual,
person, firm, corporation or other organization
or group of persons however organized. (Added
by Ord. 195-86, App. 6/6/86; amended by Ord.
222-02, File No. 021462, App. 11/15/2002)

SEC. 3853. ASSOCIATION AND
RETALIATION.

(a) It shall be unlawful for any person to do
any of the acts described in Section 3852 as a
result of the fact that a person associates with
any one who has a disease or affliction that
cannot be transmitted by casual contact or any
associated condition covered by this ordinance.

(b) It shall be unlawful for any person to do
any of the acts described in Section 3852 or to
retaliate against a person because a person:

(i) Has opposed any act or practice made
unlawful by this ordinance;

(ii) Has supported this ordinance and its
enforcement;

- (iii) Has filed a complaint under this ordi-
nance with the San Francisco Human Rights
Commission or any court;

Sec. 3853.

San Francisco - Police Code

1252

(iv) Has testified, assisted or participated
in any way in any investigation, proceeding or
litigation under this ordinance. (Added by Ord.
195-86, App. 6/6/86)

SEC. 3854. TESTING.

(a) No person shall require another to take
any test or undergo any medical procedure de-
signed to show or help show that a person has a
disease or affliction that cannot be transmitted
by casual contact or any associated condition
covered by this ordinance.

(b) Subsection (a) does not apply to an em-
ployer who can show that the absence of a
disease or affliction that cannot be transmitted
by casual contact is a bona fide occupation quali-
fication.

(c) Nothing in this section shall be con-
strued to prohibit any act specifically authorized
by the laws of the State of California or any
actions taken by or under the direction of the
San Francisco Department of Public Health in
order to protect the public health. (Added by Ord.
195-86, App. 6/6/86)

SEC. 3855. LIABILITY.

Any person who violates any of the provisions
of this ordinance is liable for each and every such
offense for the actual damages, and such amount
as may be determined by a jury, or a court sitting
without a jury, up to a maximum of three times
the amount of actual damages but in no case less
than $1000, and such costs and attorneys' fees as
may be determined by the court. In addition,
punitive damages may be awarded in a proper
case. (Added by Ord. 195-86, App. 6/6/86)

SEC. 3856. ENFORCEMENT.

(a) Human Rights Commission. Any per-
son who believes that he or she has been dis-
criminated against in violation of the provisions
of this ordinance may file with the Human Rights
Commission a request to have the Commission
investigate and mediate his or her complaint
under the provisions of Chapter 12A of the Ad-
ministrative Code of the City and County of San
Francisco.

(b) Civil Action. Any aggrieved person may
enforce the provisions of this ordinance in a civil
action.

(1) Any person who commits, or proposes to
commit, an act in violation of this ordinance may
be enjoined therefrom by any court of competent
jurisdiction.

(2) An action for equitable relief under this
Subsection may be brought by any aggrieved
person, by the District Attorney, by the City
Attorney, or by any other person.

(d) Bar. A complaint to the Human Rights
Commission is not a prerequisite to the filing of
a civil action under this Section. The pendency of
a complaint before the Human Rights Commis-
sion shall not bar any civil action under this
Section, but a final judgment in any civil action
shall bar any further proceedings by the Human
Rights Commission. (Added by Ord. 195-86, App.
6/6/86; amended by Ord. 222-02, File No. 021462,
App. 11/15/2002)

SEC. 3857. LIMITATION ON ACTIONS.

Judicial actions or requests to the Human
Rights Commission under this ordinance must
be filed within two years of the alleged discrimi-
natory act. (Added by Ord. 195-86, App. 6/6/86)

SEC. 3858. SEVERABILITY.

If any part or provision of this ordinance, or
the application thereof to any person or circum-
stance is held invalid, the remainder of the
ordinance, including the application of such part
or provision to other persons or circumstances,
shall not be affected thereby and shall continue
in full force and effect. To this end, provisions of
this ordinance are severable. (Added by Ord.
195-86, App. 6/6/86)

SEC. 3859. NONWAIVERABILITY.

Any written or oral agreement which pur-
ports to waive any provision of this ordinance is
against public policy and void. (Added by Ord.
195-86, App. 6/6/86)

1253 Prohibiting Discrimination on the Basis of Sec. 3860.

AIDS and Associated Conditions

SEC. 3860. APPLICATION TO THE CITY
AND COUNTY OF SAN FRANCISCO.

All the provisions of this ordinance shall
apply to the City and County of San Francisco.
(Added by Ord. 195-86, App. 6/6/86)

Sec. 3860. San Francisco - Police Code 1254

[The next page is 1271]

ARTICLE 39: PEDICABS

Sec. 3901. Definitions.

Sec. 3902. Permit Required.

Sec. 3903. Application for Pedicab Permit.

Sec. 3904. Pedicab Operator's Permit

Application.
Sec. 3905. Insurance Requirements.
Sec. 3906. Permits Issued by Chief of

Police.
Sec. 3907. Presentation of Permit to Tax

Collector — License Fees.

Sec. 3908. Pedicab License, Plate,
Identification Card and
Operator's Badge.

Sec. 3909. Filing Fares.

Sec. 3909.1. Display of Fare Schedule.

Sec. 3910. Operating Regulations.

Sec. 3911. Revocation of Permits by Police
Department.

Sec. 3912. Sanitary Regulations.

Sec. 3913. Safety Requirements.

Sec. 3914. Loading Required.

Sec. 3915. Regulations by Chief of Police.

Sec. 3916. Penalty.

Sec. 3917. Severability.

SEC. 3901. DEFINITIONS.

(a) "Operator" means the individual who
actually operates the pedicab whether as the
owner, an employee of the owner or as an inde-
pendent contractor.

(b) "Owner" means any person who owns,
leases, or otherwise has possession of the pedi-
cab.

(c) "Pedicab" means a device upon which
any person may ride, propelled exclusively by
human power through a belt, chain or gears,
having two or more wheels and constructed in
such a manner as to engage in the business of
carrying passengers for hire.

(d) "Person" means any corporation, asso-
ciation, syndicate, joint stock company, partner-
ship or individual. (Added by Ord. 38-86, App.
2/14/86)

SEC. 3902. PERMIT REQUIRED.

Before operating any pedicab upon any pub-
lic street, the owner or lessee thereof shall apply
for and obtain a permit therefor from the Police
Department as provided in Section 3903 of this
Article, and the operator thereof shall also ob-
tain an operator's permit as provided in Section
3905 of this Article. (Added by Ord. 38-86, App.
2/14/86)

SEC. 3903. APPLICATION FOR
PEDICAB PERMIT.

(a) Application for a pedicab permit shall be
made in writing upon a form prescribed by the
Chief of Police and filed with the Chief of Police
along with the filing fee. The application shall
contain the following information:

1. Owner's or lessee's name, address and
type of ownership.

2. Vehicle type and serial number.

3. Seating capacity.

4. Route(s) or area(s) over which the appli-
cant proposes to operate.

5. Whether the applicant has ever been
convicted of a felony or a misdemeanor and, if so,
the details thereof.

6. Such other information as the Chief of
Police determines is necessary to evaluate the
fitness of the applicant to be granted a pedicab
owner's permit.

(b) Each applicant shall sign the applica-
tion which shall contain a warning that the
application may be denied or the permit sus-
pended or revoked if the applicant misrepresents
facts relevant to the fitness of the applicant to be
granted a pedicab permit. (Added by Ord. 38-86,
App. 2/14/86)

1271

Sec. 3904.

San Francisco - Police Code

1272

SEC. 3904. PEDICAB OPERATOR'S
PERMIT APPLICATION.

(a) Application for a pedicab operator's per-
mit shall be made in writing upon a form pre-
scribed by the Chief of Police and filed with the
Chief of Police along with the filing fee. The
application shall contain the following informa-
tion:

1. The applicant's full name, residence ad-
dress, date of birth and California driver's li-
cense number.

2. Whether the applicant:

A. Has ever been convicted of a felony or a
misdemeanor and, if so, the details thereof;

B. Has ever been licensed as a driver or
chauffeur and, if so, whether such license has
ever been revoked and for what cause;

C. The driver is physically qualified to drive
a pedicab safely and the driver's hearing and
eyesight are unimpaired.

3. Such other information as the Chief of
Police determines is necessary to evaluate the
fitness of the applicant to be granted a pedicab
owner's permit.

(b) The operator shall pass an examination
as to the operator's knowledge of the traffic laws
and rules of the City and County of San Fran-
cisco.

(c) The operator, if not also the owner of the
pedicab, must present a letter of request signed
by the owner or lessee stating an intent to
employ the applicant.

(d) The operator must allow a complete set
of his or her fingerprints to be taken.

(e) The operator must submit two recent
recognizable photographs of said operator.

(f) Each applicant shall sign the application
which shall contain a warning that the applica-
tion may be denied or the permit suspended or
revoked if the applicant misrepresents facts rel-
evant to the fitness of the applicant to be granted
a pedicab permit. (Added by Ord. 38-86, App.
2/14/86)

SEC. 3905. INSURANCE
REQUIREMENTS.

(a) In order to ensure the safety of the
public, it shall be unlawful for any person who
owns a pedicab to allow it to be operated or
driven or to obtain a permit therefor unless and
until said person shall have complied with the
provisions of either Paragraph 1 or Paragraph 2
of this subsection.

1. Such person, firm or corporation shall
file with the Chief of Police and thereafter keep
in full force and effect a policy of insurance, in
such form as the Chief of Police may deem proper
and executed by a Company duly licensed to
issue insurance policies in California, insuring
the public against any loss or damage that may
result to any person or property from the opera-
tion of such pedicab or pedicabs, provided the
minimum amount of recovery in such policy of
insurance shall be not less than the following
sums:

Personal Injury or Death: $100,000 for
each person injured or killed subject to a limit of
$450,000 for any one occurrence;

Property Damage: $10,000 for any one oc-
currence, and further provided that the policy is
endorsed to provide a hold harmless clause in
favor of the City and County of San Francisco
and to provide that a 30 days' notice of cancella-
tion be sent to the Chief of Police of the City and
County of San Francisco.

2. Such person, firm or corporation, in lieu
of the aforesaid liability insurance policy, file
with the Chief of Police a bond in such form as
the Chief of Police may deem proper, executed by
a surety company duly authorized to do business
within the State of California. The bond shall be
conditioned on the payment of the amounts set
forth hereinbelow and shall provide for the entry
of judgment on motion of the state in favor of any
holder of a final judgment on account of damages
to property or injury to any person caused by the
operation of such person's, firm's or corporation's
pedicab and further shall provide for a hold
harmless clause in favor of the City and County
of San Francisco and that a 30 days' notice of

1273

Pedicabs Sec. 3906.

cancellation be sent to the Chief of Police of the
City and County of San Francisco. The bonds
shall be in the sum as follows:

A. For only one pedicab: $100,000 for any
one occurrence.

B. For more than one but less than six
pedicabs: $200,000 for any one occurrence.

C. For more than five but less than 21
pedicabs: $450,000 for any one occurrence.

D. For more than 20 but less than 61 pedi-
cabs: $600,000 for any one occurrence.

E. For more than 60 but less than 101
pedicabs: $1,000,000 for any one occurrence.

F. For more than 100 pedicabs: $3,000,000
for any one occurrence.

Subject to the limits shown for any one oc-
currence, the bond shall be conditioned to pay
$100,000 for injury to any one person and $10,000
for damage of property of any one person.

(b) It shall be unlawful for any person who
owns a pedicab to allow it to be operated or
driven by an employee unless and until

1. The owner provides workers' compensa-
tion insurance for the employee.

(c) It shall be unlawful for any person to
operate or drive a pedicab as an independent
contractor or to obtain a permit therefor unless
and until said person shall have complied with
the provisions by either Paragraph 1 or Para-
graph 2 of Subsection (a) of this Section.

(d) New Policy to be Furnished. If, at any
time, said policy or certificate of insurance or
bond be cancelled by the issuing company, the
Chief of Police shall require the party to whom
the permit is issued to replace said policy or
certificate or bond with another policy or certifi-
cate or bond satisfactory to the Chief of Police
and, in default thereof, said permit shall be
deemed void upon the effective date of the can-
cellation of the insurance or bond. (Added by
Ord. 38-86, App. 2/14/86)

SEC. 3906. PERMITS ISSUED BY CHIEF
OF POLICE.

(a) The Chief of Police shall, without unnec-
essary delay, hear each owner/lessee application
and grant the same unless the Chief finds:

1. That the owner/lessee has committed
crimes or has been convicted of offenses that
render the applicant unfit to own pedicabs;

2. That the applicant has filed to meet the
insurance or bond requirements set forth in
Section 3905 of this Article;

3. That the pedicab for which the permit is
applied for is inadequate or unsafe for the pur-
pose intended or insufficiently equipped with
safety devices;

4. That the route and/or routes or area over
which the applicant proposes to operate cannot
safely accommodate pedicabs in view of the con-
dition of the existing roads or the traffic thereon.
In passing upon this question the Chief of Police
shall consult with the Department of Public
Works and exercise a sound and reasonable
discretion, and the permit shall be granted un-
less public interest and safety may otherwise
require;

5. That the applicant made material mis-
representations of facts relevant to the fitness of
the applicant to be granted the permit.

(b) Permits shall be numbered, and such
numbers, not less than three inches in height
and one-half inch wide shall be affixed to each
pedicab upon the right-hand side of the body
thereof with such conspicuousness as may be
required by the Chief of Police.

All permits shall be obtained from the office
of the Tax Collector upon proper notification to
that office from the Chief of Police.

(c) The Chief of Police shall, without unnec-
essary delay, hear each operator application and
may grant the same unless it shall appear:

1. That the pedicab operator is incompetent
or has not had sufficient experience in driving a
vehicle in the City and County of San Francisco;

2. That the operator has committed crimes
or has been convicted of offenses that render said
applicant unfit for the operation of pedicabs.

Sec. 3906.

San Francisco - Police Code

1274

3. That the operator is not physically quali-
fied to operate a pedicab safely or possesses
defective eyesight or hearing.

4. That the applicant made material mis-
representations of facts relevant to the fitness of
the applicant to be granted the permit. (Added
by Ord. 38-86, App. 2/14/86)

SEC. 3907. PRESENTATION OF PERMIT
TO TAX COLLECTOR— LICENSE FEES.

Upon the granting of a permit, as herein-
above provided, the Police Department shall
forward the permit to the Tax Collector, who
shall furnish the permittee with the following:

(a) Owner/Lessee:

(1
(2
(3
(b

Permit
License
Permit Plate
Operator:
Permit

(2) License

(3) Operator's Badge

(4) Identification Card

Each permittee is required to pay a license
fee to the Tax Collector as set forth in Section
2.27 of this Code, and must pay the cost of such
badge, card and plate as are issued. (Added by
Ord. 38-86, App. 2/14/86)

SEC. 3908. PEDICAB LICENSE, PLATE,
IDENTIFICATION CARD AND
OPERATOR'S BADGE.

All pedicab licenses, metal plates and identi-
fication cards issued under the provisions of
Section 3907 of this Article shall date from the
first day of January of each year and shall be
issued for one year from the aforesaid date;
provided, however, that when service is first
initiated, the license will be issued for the re-
maining portion of the calendar year in which it
is authorized and only subsequent licenses will
date from the first day of January for each
succeeding year. (Added by Ord. 38-86, App.
2/14/86; amended by Ord. 389-86, App. 9/19/86)

SEC. 3909. FILING FARES.

(a) Permittees issued pedicab permits pur-
suant to the provisions of this Article shall file
with the Board of Supervisors the fares per
passenger charged for each trip.

(b) The Board of Supervisors may adopt,
modify or reject the fare schedules submitted.

(c) Should the Board of Supervisors, by reso-
lution, adopt or modify the fare schedule submit-
ted, such shall be the fare charged.

(d) Should the Board of Supervisors, by
resolution, reject the fare schedule proposed, the
permittee submitting said fare schedule shall
not charge the rejected fare unless and until the
permittee submits, and the Board of Supervisors
adopts, a new and different fare schedule. (Added
by Ord. 38-86, App. 2/14/86)

SEC. 3909.1. DISPLAY OF FARE
SCHEDULE.

Every pedicab shall have permanently af-
fixed to the outside thereof, in a place readily to
be seen by passengers, a frame covered with
glass, enclosing a card upon which shall be
printed in plain, legible letters the schedule of
rates authorized for carriage in such pedicab.
The said frame and enclosed card must be ap-
proved by the Chief of Police. The rates pub-
lished shall be the only rates charged. (Added by
Ord. 38-86, App. 2/14/86)

SEC. 3910. OPERATING REGULATIONS.

(a) Every person operating a pedicab shall
be subject to all applicable laws, rules and regu-
lations of Chapter 11, Part II of the San Fran-
cisco Municipal Code (Traffic Code) and the
Vehicle Code of the State of California pertaining
to the operation of bicycles upon streets and
pedestrian or bicycle facilities.

(b) It shall be unlawful for any person:

1. To operate a pedicab who is under the age
of eighteen years;

2. To operate a pedicab while under the
influence of alcoholic beverages or controlled
substances other than medication prescribed by
a physician;

1275

Pedicabs

Sec. 3911.

3. To operate a pedicab in any manner which
impedes or blocks the normal or reasonable
movement of pedestrian or vehicular traffic un-
less such operation is necessary for safe opera-
tion or in compliance with law;

4. To operate, or cause to be operated, any
pedicab upon or along any route unless such
route is first approved by the Chief of Police;

5. To operate any pedicab within the City
and County of San Francisco without a valid
driver's license issued by the authority of the
State of California and a permit granted by the
Police Department of the City and County of San
Francisco. At all times while operating a pedicab,
the operator shall wear conspicuously the badge
and carry the identification card issued by the
Tax Collector;

6. To operate, or cause to be operated, any
pedicab upon or along any street unless there is
a valid license for each such pedicab obtained
pursuant to this Article;

7. To operate, or cause to be operated, a
pedicab without the city permit number thereof
displayed in a conspicuous place and in figures
not less than three inches in height and 1/2 inch
wide upon the right-hand side of the body thereof;

8. To operate, or cause to be operated, any
pedicab while there is attached thereto any trailer
or any other passenger-carrying vehicles;

9. Owning or operating, or causing to be
operated by pedicab within the City and County
of San Francisco to allow or permit any incom-
petent or inexperienced person to act as an
operator of a pedicab;

10. To operate, or cause to be operated at
night a pedicab without using headlights and
taillights.

(c) There shall be no more than three pas-
sengers to a pedicab at any one time who shall
remain seated throughout the ride. (Added by
Ord. 38-86, App. 2/14/86)

SEC. 3911. REVOCATION OF PERMITS
BY POLICE DEPARTMENT.

(a) Any pedicab owner's permit may be sus-
pended or revoked by the Chief of Police pursu-
ant to provisions of Sections 2.12, 2.13 and 2.14
of this Code for:

1. Any violation of the provisions of Sec-
tions 3901 to 3914, inclusive, and of any regula-
tions adopted pursuant to Section 3915 of this
Article;

2. The failure to pay any judgment for dam-
ages arising from the unlawful or negligent op-
eration of the pedicab for which the permit was
issued;

3. Failure to maintain necessary insurance;

4. Permitting an unlicensed operator to op-
erate or remain in charge of any pedicab;

5. Failure to adequately supervise opera-
tors of any pedicab;

6. Any violation of the laws of the State of
California or the City and County of San Fran-
cisco that has some bearing on the fitness of the
owner to own a pedicab;

7. Any material misrepresentation of facts
relevant to the fitness of the applicant to be
granted the permit.

(b) Any operator may have his or her pedi-
cab operator's permit suspended or revoked by
the Police Department pursuant to provisions of
Sections 2.12, 2.13 and 2.14 of this Code who:

1. Violates any provisions of Sections 3901
to 3915, inclusive, of this Article;

2. Operates any pedicab while under the
influence of alcoholic beverages or controlled
substances other than medication prescribed by
a physician;

3. Operates the pedicab in a reckless and
dangerous manner;

4. Violates any law of the State of Califor-
nia or the City and County of San Francisco that
has some bearing on the fitness of the operator to
operate a pedicab;

5. Makes any material misrepresentation
of facts relevant to the fitness of the applicant to
be granted the permit. (Added by Ord. 38-86,
App. 2/14/86)

Sec. 3912.

San Francisco - Police Code

1276

SEC. 3912. SANITARY REGULATIONS.

Every person owning or operating, or causing
to be operated, any pedicab in the City and
County of San Francisco shall thoroughly wash
each pedicab, when so operated, at least once a
week, and shall also carefully sweep and clean
each of said pedicabs daily; and whenever re-
quired in writing by the Department of Public
Health every person owning or operating, or
causing to be operated, any pedicab within the
limits of said City and County shall fully disin-
fect each pedicab so operated by spraying said
pedicab with an efficient disinfectant. (Added by
Ord. 38-86, App. 2/14/86)

SEC. 3913. SAFETY REQUIREMENTS.

(a) No vehicle shall be operated as a pedi-
cab for hire unless it is in a reasonably clean and
safe condition inside, as well as externally, so as
not to injure or damage the person, clothing or
possessions of a passenger. The pedicab's exte-
rior shall be reasonably clean and shall be essen-
tially free from cracks, breaks and major dents.
It shall be painted to provide adequate protec-
tion and a neat and clean appearance. Repairs
done to comply with this Section shall be done
within a reasonable time based on availability of
parts and labor.

(b) Every pedicab shall have the following
minimum properly working equipment or safety
features:

1. A battery or generator operated head-
light and taillight;

2. Turn signals visible from the front and
rear of the pedicab;

3. Hydraulic or mechanical disc brakes;

4. Spoke reflectors placed on each wheel
and tape type reflectors showing the front and
the back width of the pedicab. (Added by Ord.
38-86, App. 2/14/86)

SEC. 3914. LOADING REQUIRED.

It shall be unlawful for any person owning or
operating or driving, or causing to be operated or
driven, any pedicab to permit the same to remain
standing upon the street for the purpose of
loading or unloading passengers unless the side

of said pedicab is as close as possible to the curb
and in no circumstances more than three feet
from the curb. (Added by Ord. 38-86, App. 2/14/
86)

SEC. 3915. REGULATIONS BY CHIEF OF
POLICE.

The Chief of Police may adopt, after a noticed
public hearing, rules and regulations supplemen-
tal to Sections 3901 through 3915, inclusive, of
this Code and not in conflict therewith to carry
out the purpose of this Article. The rules and
regulations shall become effective 10 days after
adoption by the Chief of Police. (Added by Ord.
38-86, App. 2/14/86)

SEC. 3916. PENALTY.

(a) Any person who shall violate the provi-
sions of Sections 3901 through 3915 of this
Article shall be guilty of an infraction or a
misdemeanor.

If charged as an infraction, the penalty shall
be as follows:

(1) Upon a first conviction thereof, such
person shall be punished by a fine not to be less
than $50 nor to exceed $500.

(2) Upon a second conviction thereof, such
person shall be punished by a fine not to be less
than $250 nor to exceed $500.

(3) Upon a third or subsequent conviction
thereof, such person shall be punished by a fine
not to be less than $400 nor to exceed $500. The
complaint charging such violation shall specify
whether the violation charged is a misdemeanor
or an infraction or both.

(b) In addition to the penalty set forth above
in Subsection (a), any person who shall violate
any provision of Sections 3901 through 3915
shall be subject to revocation or suspension of
any permit issued by the City and County, fol-

1277 Pedicabs Sec. 3917.

lowing adequate notice and a hearing before the
Chief of Police or his or her designee. (Added by
Ord. 348-91, App. 9/26/91)

SEC. 3917. SEVERABILITY.

If any section, subsection, subdivision, para-
graph, sentence, clause or phrase of the Article
or any part thereof, is for any reason to be held
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 de-
clares 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, sub-
divisions, paragraphs, sentences, clauses or
phrases by declared unconstitutional or invalid
or ineffective. (Added by Ord. 38-86, App. 2/14/
86)

Sec. 3917. San Francisco - Police Code 1278

[The next page is 1285]

ARTICLE 40: DRUG FREE WORKPLACE ORDINANCE

Sec. 4001. Title.

Sec. 4002. Findings.

Sec. 4003. Definitions.

Sec. 4004. Adoption of Drug Free

Workplace Policy.
Sec. 4005. City Undertaking Limited to

Promotion of General Welfare.
Sec. 4006. Preemption.
Sec. 4007. Severability.

SEC. 4001. TITLE.

This ordinance shall be known as the San
Francisco Drug Free Workplace Ordinance. (Added
by Ord. 339-89, App. 9/28/89)

SEC. 4002. FINDINGS.

The San Francisco Board of Supervisors finds
as follows:

(a) Drug abuse in the United States has
become a national health and economic problem.
As much as $100 billion a year may be diverted
from legitimate businesses to buy illegal drugs,
while the costs to individual companies usually
exceeds 2.5 percent of payroll.

(b) Law enforcement focuses on reducing
the supply of illegal drugs. However, to reduce
effectively the abuse of drugs the demand for
such drugs must be reduced.

(c) If employers persuade a major portion of
the nation's drug users to abandon drug use for
the sake of retaining their jobs, they will under-
cut the economic base of the drug business.
Accordingly, it is important that there be a
corporate response to drug use in the workplace.

(d) It is the intent of the Board of Supervi-
sors that the San Francisco Drug Free Work-
place Ordinance be a first step in reducing the
use of drugs in the workplace. (Added by Ord.
339-89, App. 9/28/89)

SEC. 4003. DEFINITIONS.

(a) "Employee" means any person working
for salary or wages within the City and County of
San Francisco except that "employee" shall not
include individuals providing child-care or other
personal services in one's home.

(b) "Employer" means any individual, firm,
corporation, partnership or other organization or
group of persons however organized, located within
the City and County of San Francisco, that
employs employees for salary or wages. "Em-
ployer" shall not include the United States of
America, the State of California or other govern-
mental agency whose workplace policies the City
and County of San Francisco may not regulate.
(Added by Ord. 339-89, App. 9/28/89)

SEC. 4004. ADOPTION OF DRUG FREE
WORKPLACE POLICY.

Every employer shall adopt a Drug Free
Workplace Policy. At a minimum, that policy
shall include the distribution or prominent dis-
play of educational information regarding the
adverse effects of using illegal drugs and the
availability of substance abuse assistance pro-
grams. This requirement may be satisfied by
distributing to employees or prominently display-
ing the following statement or any materials
containing the substance therein. The informa-
tion contained in this statement shall be re-
viewed annually by the Health Commission for
accuracy, with any suggested changes to the
statement to be referred to the Board of Super-
visors for review and consideration for approval.
The information contained in this statement
shall also be provided by the City in Spanish,
Chinese, Tagalog and in any other language as
may be requested by employers.

The City and County of San Francisco is
committed to working toward a drag-free work
place. To that end, the following information is
provided to increase your awareness that sub-
stance abuse can create life-threatening situ-

1285

Sec. 4004.

San Francisco - Police Code

1286

ations, can aggravate pre-existing psychologi-
cal problems which users may or may not have
experienced in the past, and can create psy-
chological problems on its own:
1. Using illegal drugs, or using prescription
drugs without prescriptions, or abusing any
substance by ingestion, injection or inhala-
tion, has the potential to kill the user.
Consider these facts concerning some com-
monly abused substances:

— COCAINE, INCLUDING CRACK COCAINE,
IS A KILLER

• Every dose of cocaine poses the risk of death
for the user.

• The amount of cocaine used safely yester-
day can kill the user tomorrow depending
on his or her general physical condition,
age, race, heredity, sex, emotional state,
health, the amount of exercise engaged in,
alcohol or other substance ingested.

• Even one line of snorted cocaine has been
known to kill the user.

• Cocaine and crack kill by causing HEART
ATTACK, BRAIN SEIZURE, CARDIAC AR-
REST, STROKE OR SUFFOCATION.

• Even one use of crack has been known to
cause addiction, but two usages WILL cause
addiction.

— HEROIN IS A KILLER

• Heroin depresses the user's breathing re-
sponse and the user can die of SUFFOCA-
TION.

• Heroin users as a group have the second
highest identifiable incidence of AIDS.

• Since the early 1980's, users of heroin and
synthetic heroin (particularly China White
users) have run the risk of developing
PARKINSON'S DISEASE-TYPE SYMP-
TOMS, including drooling, tremors and to-
tal paralysis, which begin to appear from
two days to six weeks after usage and are
irreversible.

STIMULANTS ARE KILLERS

Amphetamines and methamphetamines
(SPEED) elevate heart and respiratory rates
and blood pressure and the user can die of
STROKE or HEART ATTACK.

PCP (PHENCYCLIDINE) IS A KILLER
PCP can cause the user to die from HEART
ATTACK, LUNG FAILURE or KIDNEY
FAILURE or RUPTURED BLOOD VES-
SELS IN THE BRAIN.
Even one dose of PCP can cause severe
psychotic reactions.

PCP stores in fat cells and can be released
into the body without warning many months
after use causing severe trauma and injury.

— LSD (LYSERGIC ACID DIETHYLAMIDE)
IS A KILLER

• LSD can cause life-threatening depression
and severe psychotic reactions.

• LSD users have a high incidence of SUI-
CIDE.

• LSD users have been known to engage in
self-mutilation.

— MARIJUANA CAN CAUSE SERIOUS PSY-
CHOTIC PROBLEMS PARTICULARLY IF
THE USER HAS A SUBMERGED TEN-
DENCY TOWARD PSYCHOLOGICAL
PROBLEMS

• Marijuana contains more cancer-causing
agents than tobacco and weakens the im-
mune-defense system.

• Because of new growing techniques, the
marijuana available today contains three to
seven times as much THC (tetrahydrocan-
nabinol, the psychoactive ingredient) as it
did in the 1960s and 1970s and can cause
severe depression and other physical and
psychological problems.

1287

Drug Free Workplace Ordinance

Sec. 4004.

• Marijuana causes a temporary disruption in
the delivery of the male hormone testoster-
one, particularly in adolescents and slightly
decreases organ size in males (which may be
critical to a user with hormonal imbalance
or in the throes of puberty).

— INHALANTS ARE KILLERS

• Inhalants can cause NERVE DAMAGE,
BRAIN DAMAGE, BLOOD DISORDERS,
RESPIRATORY ARREST, PNEUMONIA,
HEART FAILURE, SUFFOCATION, LIVER
FAILURE, KIDNEY FAILURE and DEATH.

• Solvent sniffing can cause death by AS-
PHYXIATION, but chronic users also de-
velop ulcers around the mouth and nose and
IRREVERSIBLE BRAIN DAMAGE has been
reported.

• Inhaling aerosol fluorocarbons can cause
erratic heartbeat with an increased pulse
rate and cardiac arrest (known as SUDDEN
SNIFFING DEATH).

— "DRUGS OF DECEPTION" ARE KILLERS

• "Drugs of Deception," which are chemical
compounds made in illegal labs and are
designed to look like known substances of
established strength and effect, are fre-
quently more dangerous and more deadly
than the original compound.

• For example, "DOB" is often sold as LSD-25,
and while it adversely affects blood flow like
other amphetamines, it is extraordinarily
strong and can partially or completely close
arteries in arms and legs fairly quickly,
causing gangrene and necessitating ampu-
tation to save the user's life.

— ALCOHOL CAN KILL TOO!

• Alcohol is one of the oldest psychoactive
drugs used by man.

• Alcohol abuse and alcoholism can cause
damage, in some cases irreversible, to the
brain, the nervous system, the liver and the
pancreas.

•• PANCREATITIS is a terribly painful
disease which can kill the drinker.

•• CIRRHOSIS of the liver can kill the
drinker.

• • Alcohol can have a dangerous addictive

effect when combined with marijuana,
cocaine and amphetamines and any
sedative hypnotic such as barbiturates,
methaqualone (quaaludes) and benzo-
diazepines.

• • Withdrawal from alcohol can cause trau-

matic fatal brain seizures, psychosis
and hallucinations.

In addition to its negative impact on good

health, alcohol is a major factor . . .

•• In violent crimes and automobile acci-
dents. In fiscal year 1987/1988, 60 per-
cent of those stabbed to death in San
Francisco were under the influence of
alcohol as were 42 percent of the ve-
hicle drivers killed in accidents on city
streets.

•• In over half of all rapes and sexual
attacks of children.

•• In 90 percent of all arrests.

• • In 50 percent to 60 percent of all mur-

ders.

• • In incidents of suicide. Alcoholics have

a suicide rate six to 20 times higher
than the general population.
•• In more than 50 percent of spousal-
abuse incidents.
Use of alcohol by pregnant women is the
leading cause of mental retardation in new-
borns and causes FETAL ALCOHOL SYN-
DROME which can lead to SUDDEN IN-
FANT DEATH SYNDROME.

DRUG COMBINATIONS ARE KILLERS
Drugs in combination are likely to result in
death.

Alcohol is a depressant and when used in
combination with other drugs such as co-
caine, barbiturates or heroin can slow body
functions to such an extent that breathing
may stop and the user may die.

Sec. 4004.

San Francisco - Police Code

1288

ALTHOUGH NOT EVERYONE WHO USES
DRUGS IS ADDICTED, ONCE ADDIC-
TION IS IN PLACE, IT IS A DETERIORAT-
ING CONDITION THAT WILL RESULT
IN DEATH IF NOT TREATED.

FREQUENT USAGE OR HIGH DOSES OF
DRUGS WILL IMPAIR SEXUAL PERFOR-
MANCE.

THREE-FOURTHS OF ALL PERSONS AR-
RESTED FOR SERIOUS CRIMES IN SAN
FRANCISCO TEST POSITIVE FOR DRUGS
OR WERE HIGH AT THE TIME OF THEIR
ARRESTS.

2. SUCCESSFUL WITHDRAWAL FROM
SUBSTANCE ABUSE OF ANY SORT CAN
BE EXTREMELY DIFFICULT. Withdrawal
from some substances (barbiturates, for ex-
ample) even entails an acute risk of fatality.
Additionally, a pregnant opiate addict poses
an exceptional problem because the fetus
will also be dependent; withdrawal of the
mother and the baby must be postponed
until after birth when both can be treated in
order to prevent death of the fetus.
HELP IS AVAILABLE FROM MANY
SOURCES. Don't think you're by yourself—
one in four workers abuses some substance.
Professionals can protect your life, your
health and help your family and friends too.
Substance abusers commonly distress and
confuse those closest to them to such an
extent that "CO-DEPENDENCY" is becom-
ing a commonly acknowledged disease with
recognizable — and treatable — symptoms .

The following is a short list of some avail-
able professional programs and resources
specializing in the treatment of substance
abuse and its impact on others. You may
also wish to consult your personal physi-
cian.

Haight-Ashbury Drug Detoxification,

Rehabilitation and Aftercare

Project (no fee)
531 Clayton St.
San Francisco, CA 94117
621-2015

Haight-Ashbury Alcohol Treatment Services

(no fee)
124 Lyon St.

San Francisco, CA 94117
552-7230

Walden House Multi-Service Center (free if
indigent)

1885 Mission St.
San Francisco, CA
554-1130

Good Shepherd Gracenter (free if indigent)

503 Cambridge St.

San Francisco, CA 94134-1699

586-2822

Bill Pone Memorial Unit (for Asian Americans
and Pacific Islanders, no fee, donations
accepted)

Haight-Ashbury Free Clinic

529 Clayton St.

San Francisco, CA 94117

621-2036, 621-2014

Asian American Recovery Service (free if

indigent, sliding scale)
2024 Hayes St.
San Francisco, CA 94117
386-4815

1289

Drug Free Workplace Ordinance

Sec. 4004.

La Casa de las Madres (for battered women, also
provides shelter, crisis counseling, children's
services. Fees: for shelter only.)

La Casa

965 Mission St., D218

San Francisco, CA 94103

777-1808— Business

777-2860— Drop-in counseling

Pomeroy House (residential treatment for
alcoholic women and their dependents.
Fees: sliding scale)

2261 Bryant St.

San Francisco, CA 94110

282-8900

Redwood Center (admission through
San Francisco detoxification programs.
Fees: sliding scale)

Edmonds Road

Redwood City, CA 94062

366-5723

San Francisco VA Medical Center (20 beds for
male and female military veterans. No fees,
English and Spanish spoken)

4150 Clement St.

San Francisco, CA 94121

750-2075 — Screening appointment

Tom Smith Substance Abuse Treatment Center
(Fees: sliding scale based on ability to pay)

1001 Potrero Ave.

San Francisco, CA 94110

821-8091

Women's Recovery Home Salvation Army

Harbor Light Services (Fees: monthly charge)
1275 Harrison St.
San Francisco, CA 94103
864-7000

Henry Ohlhoff Outpatient Program (for adults
and adolescents in San Francisco, English and
Spanish spoken. Fees: sliding scale)

2418 Clement St.

San Francisco, CA 94121

221-3354

Merritt Peralta Institute, A Chemical

Dependency Hospital (Fees: charge for 28-day
inpatient program or five-week outpatient
program with one year of aftercare)

435 Hawthorne Ave.

Oakland CA 94609

652-7000

Futures in Recovery (works with employers,
employee can receive treatment while
remaining on job)

3601 Taraval St.

San Francisco, CA 94116

753-6700

San Francisco Health Department 24-hour
Drug Abuse and Information Hotline
(for referral) 752-3400

San Francisco Health Department 24-hour
Suicide and Crisis Line (referral,
some counseling) 221-1423

National Institute on Drug

Abuse 1-800-622-HELP

Parent Resource Institute for Drug

Education 1-800-241-7946

Cocaine Helpline 1-800-COCAINE

Sec. 4004.

Westside Community Mental Health

1153 Oak Street

San Francisco, California

431-9000

Omega Boys Club

c/o Potrero Hill Neighborhood House

953 DeHaro Street

San Francisco, California

826-8080

Mission Neighborhood Health Center
240 Shotwell Street
San Francisco, California
522-3870

San Francisco - Police Code

1290

does not intend to prohibit that which is prohib-
ited by federal or state law. (Added by Ord.
339-89, App. 9/28/89)

SEC. 4007. SEVERABILITY.

Instituto Familiar de la Raza

2947 16th Street

San Francisco, California 94103

431-7522

(Added by Ord. 339-89, App. 9/28/89)

SEC. 4005. CITY UNDERTAKING
LIMITED TO PROMOTION OF GENERAL
WELFARE.

In undertaking the adoption and enforce-
ment of this ordinance, the City and County is
assuming an undertaking only to promote the
general welfare. It is not assuming nor is it
imposing on its officers and employees an obli-
gation for breach of which it is liable in money
damages to any person who claims that such
breach proximately caused injury. (Added by
Ord. 339-89, App. 9/28/89)

SEC. 4006. PREEMPTION.

[The next page is 1307]

ARTICLE 41: PROHIBITING THE SALE OR POSSESSION OF
REPLICA HYPODERMIC NEEDLES OR SYRINGES

Sec. 4100.
Sec. 4101.

Sec. 4102.

Sec. 4103.

Findings.

Prohibition of Sale of Replica

Hypodermic Needles or

Syringes.

Possession of Replica

Hypodermic Needles or

Syringes.

Enforcement.

SEC. 4100. FINDINGS.

(a) The City and County of San Francisco
has declared that a public health emergency
exists in connection with the AIDS epidemic and
the high rate of HIV infection among injection
drug users and the corresponding high rate of
transmission of the disease. The Department of
Public Health is implementing a needle ex-
change program in order to prevent the further
spread of HIV infection.

(b) Replicas of hypodermic syringes contain-
ing a red liquid are now being sold and possessed
in the City and County of San Francisco. Many of
the replicas are actually pens and pencils, or
pieces of jewelry. The replicas are a serious
public safety concern because there is no clear
way to distinguish between real syringes and the
replicas except on extremely close inspection.
The replicas endanger the HIV education pro-
cess by desensitizing persons to the seriousness
of syringes.

(c) Replica syringes may also be frightening
to persons who do not know if the syringes are
real or replicas. Replica syringes may, as a re-
sult, be used in a manner that may be taken as
threatening or dangerous, and may result in
unwarranted responses that may likewise by
threatening or dangerous. The replica or fac-
simile hypodermic needles or syringes and their
public display are, as a result, potentially threat-
ening to persons in the community and to the
safety and welfare of the general public. (Added
by Ord. 136-93, App. 5/17/93)

SEC. 4101. PROHIBITION OF SALE OF
REPLICA HYPODERMIC NEEDLES OR
SYRINGES.

It shall be unlawful for any person, firm or
corporation to sell, or, for purposes of sale, to
exchange, give, loan, furnish, display, or market,
or to utilize for promoting the sale of any mer-
chandise, any replica of facsimile hypodermic
needles or syringes in the City and County of
San Francisco. The provisions of this subsection
shall not apply to any replica or facsimile hypo-
dermic needle or syringe which, because of its
distinct color, exaggerated size, or other design
feature, cannot reasonably be perceived to be a
real needle or syringe. (Added by Ord. 136-93,
App. 5/17/93)

SEC. 4102. POSSESSION OF REPLICA
HYPODERMIC NEEDLES OR SYRINGES.

(a) Prohibition of Public Possession. It

shall be unlawful for any person, including a
minor, to have in his or her visible possession in
public areas a replica or facsimile hypodermic
needle or syringe, the sale of which is prohibited
by Section 4104 of the Police Code.

(b) Definitions. "Visible possession" shall
mean that the replica or facsimile hypodermic
needle or syringe is within the possession of a
person, and that the replica or facsimile hypo-
dermic needle or syringe is visible to other per-
sons.

"Public areas" shall mean areas which are
owned, leased or controlled by a public entity
and which are generally open to the general
public, and areas privately owned, leased or
controlled which are generally open to the pub-
lic, including public buildings, public parks, pub-
lic streets, sidewalks and roadways, public edu-
cational facilities, public malls and thoroughfares.
(Added by Ord. 136-93, App. 5/17/93)

1307

Sec. 4103. San Francisco - Police Code 1308

SEC. 4103. ENFORCEMENT.

, (a) Notwithstanding any other provision of
this Municipal Code, violation of Sections 4101
and 4102 shall not constitute a misdemeanor.
The sole sanction for violation of these Sections
shall be the confiscation and destruction of the
prohibited replica or facsimile needle or syringe.
Confiscation shall be made by law enforcement
officers of the City and County of San Francisco
authorized to make arrests, and may be made by
any officials of the San Francisco Unified School
District who may be duly authorized and desig-
nated to confiscate replica or facsimile hypoder-
mic needles or syringes under these Sections.
These officers or officials shall deliver possession
of confiscated replica or facsimile hypodermic
needles or syringes to the Chief of Police for the
conduct of a hearing at which further retention
of the replica or facsimile hypodermic needles or
syringes and their destruction will be consid-
ered. Following an opportunity for a due process
hearing the Chief of Police may order the return
or destructions of said needles or syringes.

(b) The Chief of Police is directed to estab-
lish procedures for hearings conducted by the
Chief of Police or his or her designee that will be
scheduled and conducted promptly after the con-
fiscation of a replica or facsimile needle or sy-
ringe. The purpose of the hearing authorized by
this Section will be to enable the person from
whom the needle or syringe was confiscated, or
the owner of the needle or syringe, to establish
that the needle or syringe was not in visible
possession in a public area, or was not a replica
or facsimile needle or syringe within the mean-
ing of these Sections in violation of these Sec-
tions at or before the time the needle or syringe
was seized by the officers or officials. No destruc-
tion of a replica or facsimile needle or syringe
shall occur without a duly noticed hearing hav-
ing been made available to persons whose replica
or facsimile needle or syringe was confiscated.
(Added by Ord. 136-93, App. 5/17/93)

[The next page is 1319]

ARTICLE 42: SALE AND DISPLAY OF AEROSOL PAINT
CONTAINERS AND MARKER PENS

Sec. 4200.
Sec. 4201.

Sec. 4202.

Definitions.

Storage and Display of Aerosol

Paint Containers and Marker

Pens.

Sale of Inscribing Tools.

SEC. 4200. DEFINITIONS.

For purposes of this Article, the following
terms shall have the following meanings:

(a) "Aerosol paint container" means any aero-
sol container, regardless of the material from
which it is made, which is adapted or made for
the purpose of spraying paint capable of defacing
property.

(b) "Marker pen" means any indelible marker
or similar implement with a writing tip exceed-
ing four millimeters in width that contains a
solution which cannot be removed with water
after it dries. (Added by Ord. 333-93, App. 10/29/
93)

SEC. 4201. STORAGE AND DISPLAY OF
AEROSOL PAINT CONTAINERS AND
MARKER PENS.

(a) It shall be unlawful for any person who
owns, conducts, operates or manages a retail
commercial establishment where aerosol paint
containers or marker pens are sold to store or
display, or cause to be stored or displayed, such
spray paint containers and marker pens in an
area that is accessible to the public without
employee assistance in the regular course of
business pending legal sale or other disposition.

(b) Nothing herein shall preclude the stor-
age or display of spray paint containers and
marker pens in an area viewable by the public so
long as such items are not accessible to the
public without employee assistance. (Added by
Ord. 333-93, App. 10/29/93)

SEC. 4202. SALE OF INSCRIBING
TOOLS.

(a) (1) It shall be unlawful for any person,
firm, or corporation, except a parent or legal
guardian, to sell or give or in any way furnish to
another person, who is in fact under the age of 18
years, any type of scribing tools, window etchers
or diamond cutters that are capable of defacing
property without first obtaining bona fide evi-
dence of majority and identity.

(2) For purposes of this Section, "bona fide
evidence of majority and identity" is any docu-
ment evidencing the age and identity of an
individual which has been issued by a federal,
State or local governmental entity, and includes,
but is not limited to, a motor vehicle operator's
license or an identification card issued to a
member of the armed forces.

(3) Scribing tools, window etchers or dia-
mond cutters may be furnished to schools for
school-related activities that are part of the
instructional program when used under con-
trolled and supervised situations within the class-
room or on the site of a supervised project. The
instructors shall not permit students to remove
the tools from the supervised site. The instruc-
tors shall inventory the tools.

(b) (1) It shall be unlawful for any person,
firm, or corporation who owns, conducts, oper-
ates or manages a retail commercial establish-
ment where scribing tools, window etchers or
diamond cutters are sold to store or display, or
cause to be stored or displayed, such scribing
tools, window etchers or diamond cutters in an
area that is accessible to the public without
employee assistance in the regular course of
business pending legal sale or other disposition.

(2) Nothing herein shall prohibit the stor-
age or display of scribing tools, window etchers
or diamond cutters in an area viewable by the
public so long as such items are not accessible to
the public without employee assistance.

1319

Sec. 4202. San Francisco - Police Code 1320

(c) Violation of any provision of this Section,
except the requirement that instructors inven-
tory the tools used in an instructional program,
is a misdemeanor, pursuant to Penal Code Sec-
tion 19. (Added by Ord. 6-99, App. 1/15/99)

[The next page is 1327]

ARTICLE 42A: COLOR TIRES

Sec. 4200A.1. Definitions.
Sec. 4200A.2. Strict Liability.

SEC. 4200A.1. DEFINITIONS.

For purposes of this Article:

(a) "Color Tire" shall mean any tire with
colored treads that may be used to leave Graffiti
on any street, sidewalk or other paved ground.

(b) "Graffiti" shall mean any inscription,
word, figure, design or marking.

(c) "Person" shall mean the City, the San
Francisco Redevelopment Agency, the San Fran-
cisco Housing Authority, the San Francisco Uni-
fied School District, the San Francisco Commu-
nity College District, the San Francisco
Transportation Association or any individual,
firm, partnership, association, corporation, com-
pany, organization, society, group or legal entity
of any kind. (Added by Ord. 39-00, File No.
991827, App. 3/24/2000)

SEC. 4200A.2. STRICT LIABILITY.

Any manufacturer of a Color Tire shall be
strictly liable in tort, without regard to fault or
proof of defect, to any Person who seeks recovery
for any direct or indirect costs incurred by that
Person in removing Graffiti caused by the Color
Tire from property under that Person's jurisdic-
tion and control. If a Person prevails in an action
against a manufacturer of a Color Tire to recover
costs related to the removal of Graffiti caused by
the Color Tire, that Person shall also recover all
administrative costs and attorney fees incurred
in pursuit of the recovery. (Added by Ord. 39-00,
File No. 991827, App. 3/24/2000)

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ARTICLE 42B: MERCURY THERMOMETERS

Sec. 4200B.1. Definitions.

Sec. 4200B.2. Retail Sale Prohibited.

Sec. 4200B.3. Manufacturing Prohibited.

Sec. 4200B.4. Importation Prohibited.

Sec. 4200B.5. Penalty.

SEC. 4200B.1. DEFINITIONS.

(a) City means the City and County of San
Francisco.

(b) Mercury thermometer means a mer-
cury-containing product that is used to measure
human body temperature. A mercury-containing
product is a product, device, instrument or equip-
ment into which elemental mercury or mercury
compounds are intentionally added during its
formulation or manufacture and in which the
continued presence of mercury is desired to pro-
vide a specific characteristic or to permit a spe-
cific function. (Added by Ord. 93-00, File No.
000359, App. 5/26/2000)

SEC. 4200B.2. RETAIL SALE
PROHIBITED.

It shall be unlawful for any person who owns,
conducts, operates or manages a retail commer-
cial establishment to sell or offer for retail sale
any mercury thermometer in the City. (Added by
Ord. 93-00, File No. 000359, App. 5/26/2000)

purchase, or distribute a mercury thermometer
in the City. (Added by Ord. 93-00, File No.
000359, App. 5/26/2000)

SEC. 4200B.5. PENALTY.

Any person who violates this Article shall be
guilty of a misdemeanor, punishable by a fine of
not more than $1000, or by imprisonment in the
County Jail for not more than 6 months, or by
both such fine and imprisonment. (Added by
Ord. 93-00, File No. 000359, App. 5/26/2000)

SEC. 4200B.3. MANUFACTURING
PROHIBITED.

It shall be unlawful for any person to manu-
facture a mercury thermometer in the City. (Added
by Ord. 93-00, File No. 000359, App. 5/26/2000)

SEC. 4200B.4. IMPORTATION
PROHIBITED.

It shall be unlawful for any medical facility,
including a hospital, medical laboratory or health
care provider and any medical facility operated
by the City, but excluding any medical facility
that is a state or federal facility, to import,

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Sec. 4200B.5. San Francisco - Police Code 1334

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ARTICLE 42C: [RESERVED]

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San Francisco - Police Code 1344

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Sec.

4200D.1.

Definitions.

Sec.

4200D.2.

Storage and Display of
Regulated Products.

Sec.

4200D.3.

Sale of Regulated Products

Sec.

4200D.4.

Penalty.

ARTICLE 42D: SALE AND DISPLAY OF PRODUCTS CONTAINING HYDROFLUORIC

ACID

in fact under the age of 18 years, any regulated
products without first obtaining bona fide evi-
dence of majority and identity.

(b) For the purposes of this Section, "bona
fide evidence of majority and identity" is any
document evidencing the age and identity of an
individual which has been issued by a federal,
State or local governmental entity, and includes,
but is not limited to, a motor vehicle operator's
license or an identification card issued to a
member of the armed forces.

(c) Regulated Products may be furnished to
schools for school-related activities that are part
of the instructional program when used under
controlled and supervised situations within the
classroom or on the site of a supervised project.
The instructors shall not permit students to
remove the regulated products from the super-
vised site. (Added by Ord. 245-01, File No. 011755,
"App. 12/21/2001)

SEC. 4200D.4. PENALTY.

Any person who violates this Article shall be
guilty of a misdemeanor, punishable by a fine of
not more than $1,000, or by imprisonment in the
County Jail for not more than 6 months, or by
both fine and imprisonment. (Added by Ord.
245-01, File No. 011755, App. 12/21/2001)

SEC. 4200D.1. DEFINITIONS.

For the purposes of this Article, the following
terms shall have the following meanings:

(a) "Hydrofluoric Acid" means a chemical
substance, also known as hydrogen fluoride, fluo-
rohydric acid, or fluoric acid, having a chemical
formula of HF and a chemical abstract system
number CAS No. 7664-39-3.

(b) "Person" means an individual, trust, firm,
joint stock company, corporation.

(c) "Regulated Product" means any product
that contains hydrofluoric acid in solution. (Added
by Ord. 245-01, File No. 011755, App. 12/21/
2001)

SEC. 4200D.2. STORAGE AND DISPLAY
OF REGULATED PRODUCTS.

(a) It shall be unlawful for any person who
owns, conducts, operates or manages a retail
commercial establishment where the regulated
products are sold to store or display, or cause to
be stored or displayed, such regulated products
in an area that is accessible to the public without
employee assistance in the regular course of
business pending legal sale or other disposition.

(b) Nothing herein shall preclude the stor-
age or display of the regulated products in an
area viewable by the public so long as such items
are not accessible to the public without employee
assistance. (Added by Ord. 245-01, File No. 011755,
App. 12/21/2001)

SEC. 4200D.3. SALE OF REGULATED
PRODUCTS.

(a) It shall be unlawful for any person,
except a parent or legal guardian, to sell or give
or in any way furnish to another person, who is

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Sec. 4200D.4. San Francisco - Police Code 1354

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ARTICLE 43: ACCESS TO HEALTH CARE FACILITIES

Sec. 4301. Findings.

Sec. 4302. Definitions.

Sec. 4303. Harassment of Individuals

Seeking Access to Health Care
Facilities Prohibited.

Sec. 4304. Enforcement.

Sec. 4305. City Undertaking Limited to
Promotion of General Welfare.

Sec. 4306. Article Accommodates
Competing Rights.

Sec. 4307. Severability.

SEC. 4301. FINDINGS.

The Board of Supervisors finds that every
person in the City and County of San Francisco
has a basic and fundamental right to privacy
protected by the United States Constitution and
explicitly guaranteed in California's Constitu-
tion, Article I, Section 1, including the right to
seek and obtain all health care services permit-
ted under the laws of this State. Central to this
right is the need to secure access to all reproduc-
tive health care services. Access to these services
is a matter of critical importance not only to the
individual, but also to the health and welfare of
all citizens of the City and County. Intentional
efforts to harass an individual in order to deter
or prevent the individual from exercising his or
her right to seek and obtain health care services
are therefore contrary to the interests of the
people of San Francisco.

The Board of Supervisors finds that for many
people seeking access to medical treatment, be-
ing forced to run a gauntlet of protestors who
intend to deter or impede access to the health
care facility can be directly injurious to the
patient's health, even if the patient is not physi-
cally barred from entry. Other persons may be
sufficiently intimidated to put off necessary or
timely medical treatment entirely. The Board of
Supervisors further finds that protests at the
entrance to health care facilities in the City and

County of San Francisco have often disrupted
the operation of the facilities, as well as the
ability of individuals to seek and obtain services
within the facilities.

In adopting this legislation, the Board of
Supervisors recognizes both the fundamental
constitutional right to assemble peaceably and to
demonstrate on matters of public concern, as
well as the right to seek and obtain health care.
The Board of Supervisors finds that law enforce-
ment officers often have difficulty determining
when the exercise of the right to protect violates
the competing right of those seeking access to
health care facilities. The Board of Supervisors
further finds that the provisions of this ordi-
nance promote the full exercise of these rights
and strike an appropriate accommodation be-
tween them. The failure of the Board of Super-
visors to take steps to accommodate these com-
peting interests may jeopardize the exercise of
both privacy and the First Amendment rights.

The Board of Supervisors finds that the buffer
zone outside of health care facilities established
by this legislation ensures that patients have
unimpeded access to medical services without
unduly impairing the ability of demonstrators to
communicate their message to their intended
audience. The buffer zone imposes content-
neutral time, place and manner restrictions,
which are tailored to serve a significant govern-
ment interest, and which leave ample alterna-
tive channels of communication.

This ordinance is not intended to create any
limited, designated or general public fora. Rather
it is intended to protect those who seek access to
health care from conduct which violates their
rights. (Added by Ord. 226-93, App. 7/16/93)

SEC. 4302. DEFINITIONS.

(a) For purposes of this Article, the term
"buffer zone" refers to a sphere of protection
surrounding an individual seeking access to,
passage from, or services within a health care

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Sec. 4302.

San Francisco - Police Code

1364

facility, when that individual is within 100 feet of
an exterior wall of a health care facility. The
sphere is delineated by an eight foot radius
extending in all directions from the individual
seeking access to, passage from, or services within
the health care facility. For purposes of this
Section, distance shall be measured from any
extension of the body of the individual seeking
access to, passage from, or services within the
facility to any extension of the body of, or any
sign or object held by another person.

(b) For purposes of this Article, the term
"health care facility" means a facility licensed
pursuant to Chapter 1 (commencing with Sec-
tion 1200) of Division 2 of the Health and Safety
Code, a health facility licensed pursuant to Chap-
ter 2 (commencing with Section 1250) of Division
2 of the Health and Safety Code, or any facility
where medical care is regularly provided to indi-
viduals by persons licensed under Division 2
(commencing with Section 500) of the Business
and Professional Code, the Osteopathic Initia-
tive Act, or the Chiropractic Initiative Act, pro-
vided that said facility provides reproductive
health care services.

(c) For purposes of this Article, the term
"reproductive health care services" refers to all
medical, surgical, counseling and informational
services related to the human reproductive sys-
tem.

(d) For purposes of this Article, the term
"person" shall include, but is not limited to: 1)
Individuals; 2) corporations; 3) not-for-profit or-
ganizations; 4) partnerships; 5) associations; and
6) groups or other entities. The term "person"
shall not include an individual seeking access to,
passage from, or services within a health care
facility and his or her escorts. (Added by Ord.
226-93, App. 7/16/93; amended by Ord. 214-03,
File No. 031105, App. 8/28/2003)

SEC. 4303. HARASSMENT OF
INDIVIDUALS SEEKING ACCESS TO
HEALTH CARE FACILITIES
PROHIBITED.

(a) It shall be unlawful for any person to
harass, as defined in this Article, or attempt to
harass an individual entering, exiting, or seek-
ing care inside a health care facility.

(b) For purposes of this Article, the term
"harassment" refers to situations where, within
100 feet of an exterior wall of a health care
facility, a person knowingly approaches another
person within eight feet of such person, unless
such other person consents, for the purpose of
passing a leaflet or handbill to, displaying a sign
to, or engaging in oral protest, education, or
counseling with such other person. (Added by
Ord. 226-93, App. 7/16/93; amended by Ord.
214-03, File No. 031105, App. 8/28/2003)

SEC. 4304. ENFORCEMENT.

(a) Any person who violates Section 4303 of
this Article shall be guilty of a misdemeanor, and
upon conviction thereof shall be punished by
imprisonment in the County Jail, fine, or both.
Upon a first conviction for violation of Section
4303, the person shall be imprisoned in the
County Jail for up to three months, or fined up to
$500, or both. Upon a subsequent conviction for
violation of Section 4303, the person shall be
imprisoned in the County Jail for up to six
months, or fined up to $1000, or both.

(b) An aggrieved individual may enforce the
provisions of this Article by means of a civil
action. Any person who violates any of the pro-
visions of this Article or who aids in the violation
of this Article shall be liable to the individual
aggrieved for special and general damages, but
in no case less than $1000 plus attorneys' fees
and the costs of the action. In addition, punitive
damages may be awarded in a proper case.

(c) Nothing in this Article shall preclude
any person from seeking any other remedies,
penalties or procedures provided by law. (Added
by Ord. 226-93, App. 7/16/93)

SEC. 4305. CITY UNDERTAKING
LIMITED TO PROMOTION OF GENERAL
WELFARE.

In undertaking the adoption and enforce-
ment of this Article, the City and County is
undertaking only to promote the general wel-
fare. It is not assuming, nor is it imposing on its
officers and employees, an obligation for breach
of which it is liable in money damages to any

1365 Access to Health Care Facilities Sec. 4307.

person who claims that such breach proximately
caused injury. (Added by Ord. 226-93, App. 7/16/
93)

SEC. 4306. ARTICLE ACCOMMODATES
COMPETING RIGHTS.

In adopting this legislation, the Board of
Supervisors recognizes both the fundamental
constitutional right to assemble peaceably and to
demonstrate on matters of public concern, as
well as the right to seek and obtain health care.
This legislation promotes the full exercise of
these rights and strikes an appropriate accom-
modation between them.

It is not the intention of the Board of Super-
visors to interfere with the right to protest,
including the right to protest conditions of em-
ployment, outside of the previously defined buffer
zone. Rather it is the intention of the Board of
Supervisors to impose reasonable time, place
and manner restrictions on all protest, to protect
the right to seek and obtain health care. This
ordinance does not prohibit conduct by a party to
a labor dispute in furtherance of labor or man-
agement objectives in that dispute. (Added by
Ord. 226-93, App. 7/16/93)

SEC. 4307. SEVERABILITY.

If any part or provision of this Article, or the
application thereof to any person or circum-
stance, is held invalid, the remainder of this
Article, including the application of such part or
provision to other persons or circumstances, shall
not be affected thereby and shall continue in full
force and effect. To this end, the provisions of this
Article are severable. (Added by Ord. 226-93,
App. 7/16/93)

Sec. 4307. San Francisco - Police Code 1366

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ARTICLE 44: [RESERVED]

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San Francisco - Police Code 1376

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ARTICLE 45: FIREARMS AND WEAPONS VIOLENCE PREVENTION ORDINANCE

Sec. 4500. Title.
Sec. 4501. Definitions.
Sec. 4502. Discharge of Firearms and
Firing of Projectile Weapons.

Sec. 4503. Enforcement.

Sec. 4504. Parental Responsibility for

Minors.
Sec. 4505. Firearms and Projectile

Weapons; Confiscation and

Disposal Of.
Sec. 4506. Firearms and Projectile

Weapons; Exceptions.

Sec. 4507. Firearms and Projectile

Weapons; Possession of by
Minors.

Sec. 4508. Severability.

Sees. 4509—4511. Reserved.

Sec. 4512. Handguns Located in a

Residence to be Kept in a
Locked Container or Disabled
with a Trigger Lock.

SEC. 4500. TITLE.

This Article shall be known as the Firearms
and Weapons Violence Prevention Ordinance.
(Added by Ord. 89-94, App. 2/25/94)

SEC. 4501. DEFINITIONS.

The following words and phrases, whenever
used in this Article, shall be construed as defined
in this Section:

(a) "Firearm" means any device, designed
to be used as a weapon or modified to be used as
a weapon, that expels a projectile by the force of
an explosion or other form of combustion.

(b) "Projectile weapon" means any device or
instrument used as a weapon which launches or
propels a projectile by means other than the
force of an explosion or other form of combustion
with sufficient force to cause injury to persons or
property. A projectile weapon shall include, but

not be limited to, air gun, air pistol, air rifle, gas
operated gun, BB gun, pellet gun, flare gun, dart
gun, bow, cross-bow, slingshot, wrist rocket, blow
gun, paint gun, or other similar device or instru-
ment. (Added by Ord. 89-94, App. 2/25/94)

SEC. 4502. DISCHARGE OF FIREARMS
AND FIRING OF PROJECTILE
WEAPONS.

It shall be unlawful for any person to at any
time fire or discharge, or cause to be fired or
discharged, any firearm or any projectile weapon
on or into any street, highway or other public
place within the City and County of San Fran-
cisco. (Added by Ord. 89-94, App. 2/25/94)

SEC. 4503. ENFORCEMENT.

(a) Except as otherwise provided in this
Section, any person violating any provision of
this Article shall be guilty of a misdemeanor or
an infraction. The complaint charging such vio-
lation 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 more than $100 for each
provision violated. If charged as a misdemeanor,
upon conviction, the violator shall be punished
by a fine of not more than $500 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.

(b) Any person violating any provision of
this Article a second or subsequent time within a
10-year period shall be guilty of a misdemeanor
and shall be punished by a fine of not more than
$1,000 for each violation, or by imprisonment in
the County Jail for a period of not more than six
months, or by both such fine and imprisonment.

(c) Any person violating any provision of
this Article within 1,500 feet of a day care center,
school or school yard, whether public or private,
shall be guilty of a misdemeanor and shall be

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Sec. 4503.

San Francisco - Police Code

1386

punished by a fine of not more than $1,000 for
each such violation, or by imprisonment in the
County Jail for a period of not more than six
months, or by both such fine and imprisonment.

(d) A person shall be guilty of a separate
offense for each and every discharge of a firearm
or firing of a projectile weapon, and shall be
punished accordingly.

(e) Juveniles arrested pursuant to this Sec-
tion shall be subject to Section 602 of the Welfare
and Institutions Code. (Added by Ord. 89-94,
App. 2/25/94)

SEC. 4504. PARENTAL
RESPONSIBILITY FOR MINORS.

Any parent or legal guardian, or a person
over the age of 18, is also guilty of an offense
punishable in accordance with Section 4503 if he
or she knows or reasonably should know that a
minor is likely to gain access to a firearm or a
projectile weapon kept within any premises or
vehicle which is under his or her custody or
control, and a minor obtains and fires or dis-
charges the firearm or projectile weapon within
the City and County of San Francisco, in viola-
tion of Section 4502. (Added by Ord. 89-94, App.
2/25/94)

SEC. 4505. FIREARMS AND
PROJECTILE WEAPONS; CONFISCATION
AND DISPOSAL OF.

Any firearm or projectile weapon discharged
within the City and County of San Francisco in
violation of the provisions of Section 4502 is
hereby declared to be a nuisance, and shall be
surrendered to the Police Department of the City
and County of San Francisco. The Chief of Police,
except upon the certificate of a judge of a court of
record, or of the District Attorney that the pres-
ervation thereof is necessary or proper to the
ends of justice, shall destroy or cause to be
destroyed such firearms and projectile weapons,
provided, however, that in the event any such
firearm or projectile weapon is determined to
have been stolen, the same shall not be de-
stroyed but shall be returned to the lawful owner
as soon as its use as evidence has been served,

upon identification of the firearm or projectile
weapon and proof of ownership thereof. (Added
by Ord. 89-94, App. 2/25/94)

SEC. 4506. FIREARMS AND
PROJECTILE WEAPONS; EXCEPTIONS.

(a) The provisions of Section 4502 shall not
apply to or affect sheriffs, constables, marshals,
police officers, or other duly appointed peace
officers in the performance of their official du-
ties, nor to any person summoned by such officer
to assist in making arrests or preserving the
peace while said person so summoned is actually
engaged in assisting such officer; nor to persons
who are by federal or state law authorized to use
such firearms or projectile weapons, nor to per-
sons using said firearms or projectile weapons in
necessary self defense.

(b) Use of firearms and projectile weapons
may be permissible when integral to the pursuit
of specific competitive and sporting events, in-
cluding but not limited to events such as target
and skeet shooting, upon issuance of a permit
from the Chief of Police to persons conducting
the event or engaged in the business of providing
the location at which the event is to take place.
The Chief of Police shall formulate criteria for
the application, issuance, and renewal of such
permits, and may require as a condition of ap-
proval the posting of any bond, or proof of ad-
equate liability insurance. (Added by Ord. 89-94,
App. 2/25/94)

SEC. 4507. FIREARMS AND
PROJECTILE WEAPONS; POSSESSION
OF BY MINORS.

(a) It shall be unlawful for any person un-
der the age of 18 to have in his or her possession
within the City and County of San Francisco any
firearm or projectile weapon, as defined in Sec-
tion 4501. Violation of this provision shall be
punishable in the manner provided in Section
4503.

(b) It shall be unlawful for any parent or
legal guardian, or any person over the age of 18
years, to sell, give or otherwise transfer to any
minor in the City and County of San Francisco
under the age of 18 years, or to allow such minor

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1387

Firearms and Weapons Violence Prevention Ordinance

Sec. 4512.

to possess, any firearm or projectile weapon, as
defined in Section 4501. Violation of this provi-
sion shall be punishable in the manner provided
in Section 4503.

(c) Any firearm or projectile weapon, which
is in possession of a minor in violation of this
Article, is hereby declared to be a nuisance, and
shall be surrendered to the Police Department of
the City and County of San Francisco and dis-
posed of in accordance with the provisions of
Section 4505 above. (Added by Ord. 89-94, App.
2/25/94)

SEC. 4508. SEVERABILITY.

This Article shall be enforced to the full
extent of the authority of the City and County of
San Francisco. If any subsection, sentence, clause,
phrase, or word of this Article should be for any
reason declared unconstitutional or invalid or
ineffective by any court of competent jurisdic-
tion, that decision shall not affect the validity or
the effectiveness of the remaining portions of
this Article or any part thereof. The Board of
Supervisors hereby declares that it would have
adopted this Article notwithstanding the uncon-
stitutionality, invalidity, or ineffectiveness of any
one or more of its subsections, sentences, clauses,
phrases, or words. (Added by Ord. 89-94, App.
2/25/94)

SECS. 4509—4511. RESERVED.

SEC. 4512. HANDGUNS LOCATED IN A
RESIDENCE TO BE KEPT IN A LOCKED
CONTAINER OR DISABLED WITH A
TRIGGER LOCK.

(a) Prohibition. No person shall keep a
handgun within a residence owned or controlled
by that person unless the handgun is stored in a
locked container or disabled with a trigger lock
that has been approved by the California Depart-
ment of Justice.

(b) Definitions.

(1) "Residence." As used in this Section,
"residence" is any structure intended or used for
human habitation including but not limited to

houses, condominiums, rooms, in law units, mo-
tels, hotels, SRO's, time-shares, recreational and
other vehicles where human habitation occurs.

(2) "Locked container." As used in this Sec-
tion, "locked container" means a secure con-
tainer which is fully enclosed and locked by a
padlock, key lock, combination lock or similar
locking device.

(3) "Handgun." As used in this Section,
"handgun" means any pistol, revolver, or other
firearm that is capable of being concealed upon
the person, designed to be used as a weapon,
capable of expelling a projectile by the force of
any explosion or other form of combustion, and
has a barrel less than 16 inches in length.

(4) "Trigger lock." As used in this Section, a
"trigger lock" means a trigger lock that is listed
in the California Department of Justice's list of
approved firearms safety devices and that is
identified as appropriate for that handgun by
reference to either the manufacturer and model
of the handgun or to the physical characteristics
of the handgun that match those listed on the
roster for use with the device under Penal Code
Section 12088(d).

(1) The handgun is carried on the person of
an individual over the age of 18.

(2) The handgun is under the control of a
person who is a peace officer under Penal Code
Section 830.

(d) Lost or Stolen Handguns. In order to
encourage reports to law enforcement agencies of
lost or stolen handguns pursuant to San Fran-
cisco Police Code Section 616, a person who files
a report with a law enforcement agency notifying
the agency that a handgun has been lost or
stolen shall not be subject to prosecution for
violation of Section 4512(a) above.

(e) Penalty. Every violation of this Section
shall constitute a misdemeanor and upon convic-
tion shall be punished by a fine not to exceed
$1,000.00 or by imprisonment in the county jail
not to exceed six months, or by both.

Supp. No. 10, July/August 2007

Sec. 4512. San Francisco - Police Code 1388

(f) Severability. If any provision, clause or
word of this chapter or the application thereof to
any person or circumstance is held invalid, such
invalidity shall not affect any other provision,
clause, word or application of this Section which
can be given effect without the invalid provision,
clause or word, and to this end the provisions of
this Section are declared to be severable. (Added
by Ord. 193-07, File No. 070683, App. 8/1/2007)

[The next page is 1393] Supp. No. 10, July/August 2007

ARTICLE 46: PROHIBITING SELF-SERVICE MERCHANDISING OF TOBACCO
PRODUCTS EXCEPT IN PLACES TO WHICH MINORS HAVE NO ACCESS

Sec. 4600. Title.

Sec. 4600.1. Findings and Purposes.

Sec. 4600.2. Definitions.

Sec. 4600.3. Prohibition of Self-Service
Merchandising of Tobacco
Products Except in Places to
which Minors Have No Access.

Sec. 4600.4. Enforcement and Penalties.

Sec. 4600.5. Other Applicable Laws.

Sec. 4600.6. Voluntary Compliance.

Sec. 4600.7. Disclaimers.

Sec. 4600.8. Severability.

SEC. 4600. TITLE.

This Article shall be known as the Prohibi-
tion of Self-Service Merchandising of Tobacco
Products Ordinance. (Added by Ord. 446-96, App.
11/27/96)

SEC. 4600.1. FINDINGS AND
PURPOSES.

The Board of Supervisors does hereby find
that:

(a) The United States Surgeon General and
the United States Department of Health and
Human Services have found that a majority of
those Americans who die of tobacco-related dis-
eases became addicted to the nicotine in tobacco
products as adolescents, before the age of legal
consent;

(b) Studies have shown that seventy-five
percent of current adult smokers started before
the age of 18;

(c) The National Institute on Drug Abuse
has concluded that the nicotine in tobacco prod-
ucts is a powerful addictive drug, and has iden-
tified nicotine addiction as the most widespread
example of drug dependence in the U.S.;

(d) The National Institute on Drug Abuse
has found that tobacco use by adolescents pre-
cedes and is predictive of adolescent illicit drug
use;

(e) State law (Penal Code Sec. 308) prohib-
its and penalizes the sale or furnishing of ciga-
rettes and other tobacco products to minors, yet
minors continue to purchase, steal or otherwise
obtain tobacco products at alarming rates;

(f) In compliance with federal regulations, a
new state law known as the Stop Tobacco Access
to Kids Enforcement Act or STAKE Act (Bus. and
Prof. Code, Sec. 22950, et seq.) requires that
tobacco retailers post a notice at each point of
purchase stating that selling tobacco products to
persons under 18 is illegal and subject to penal-
ties. Tobacco retailers also are required to check
the identification of tobacco purchasers if they
reasonably appear to be under 18 years of age.
The STAKE Act also requires state authorities to
conduct random inspections to detect illegal sales
of tobacco products and imposes civil penalties
thereon;

(g) Since minors are more likely to attempt
to buy or steal cigarettes and other tobacco
products when these items are accessible in
self-service displays, banning self-service mer-
chandising of tobacco products will help prevent
routine violations of state law;

(h) State law does not regulate the manner
in which tobacco products are displayed and
made available for sale;

(i) Effective August 1997, the new Federal
FDA Regulations (Regulations Restricting the
Sale and Distribution of Cigarettes and Smoke-
less Tobacco to Protect Children and Adoles-
cents) prohibit the sale of cigarettes and smoke-
less tobacco products through self-service displays,
except in facilities where individuals under 18
are not present or permitted at any time.

Accordingly, the Board of Supervisors finds
and declares that it is in the public interest and
welfare to prohibit the self-service merchandis-
ing of tobacco products.

1393

Sec. 4600.1.

San Francisco - Police Code

1394

The Board of Supervisors further finds that
this Article is meant to complement and effectu-
ate state law prohibiting the sale of tobacco
products to minors. (Added by Ord. 446-96, App.
11/27/96)

SEC. 4600.2. DEFINITIONS.

The following words and phrases, whenever
used in this Article, shall be construed as defined
in this Section:

(a) "Business" means any sole proprietor-
ship, joint venture, corporation or other business
entity formed for profit-making or nonprofit pur-
poses, including retail establishments where goods
or services are sold.

(b) "Person" shall mean any individual, part-
nership, cooperative association, private corpo-
ration, personal representative, receiver, trustee,
assignee, or any other legal entity.

(c) "Self-service merchandising" means the
open display of tobacco products to which the
public has access without the intervention of the
vendor or a store employee.

(d) "Tobacco product" means any tobacco
cigarette or smokeless tobacco product.

(e) "Tobacco retailer" shall mean any person
or business that operates a store, stand, booth,
concession, or other place at which sales of
tobacco products are made to purchasers for
consumption or use.

(f) "Vendor-assisted" means the customer
has no access to the tobacco product without the
assistance of a store owner or employee. (Added
by Ord. 446-96, App. 11/27/96)

SEC. 4600.3. PROHIBITION OF
SELF-SERVICE MERCHANDISING OF
TOBACCO PRODUCTS EXCEPT IN
PLACES TO WHICH MINORS HAVE NO
ACCESS.

No person, business, tobacco retailer or other
establishment subject to this Article shall sell,
permit to be sold, offer for sale or display for sale
any tobacco product by means of self-service
merchandising or by means other than vendor-
assisted sales, unless access to the premises by

persons under 18 years of age is prohibited by
law. (Added by Ord. 446-96, App. 11/27/96)

SEC. 4600.4. ENFORCEMENT AND
PENALTIES.

(a) This Article shall be administered and
enforced by the Chief of Police, in conjunction
with the City Attorney. The Police Department
shall develop guidelines, as appropriate, to en-
sure proper implementation and enforcement of
this Article.

(b) The Chief of Police shall enforce Section
4600.3 as follows:

(1) The Chief of Police shall receive and
review complaints relating to violations of this
Article;

(2) The Chief of Police shall act upon such
complaints, within 30 days of receipt, by serving
notice requiring correction of any violation of
this Article upon the person, business, tobacco
retailer, or owner, manager or operator of the
establishment responsible for the self-service
merchandising of tobacco products prohibited by
this Article;

(3) If additional resources are needed, the
Chief of Police may enter into agreements with
appropriate departments to receive and review
complaints and, within 30 days of receipt, to
serve notice requiring correction of any violation
of this Article upon the person, business, tobacco
retailer, or owner, manager or operator of the
establishment responsible for the self-service
merchandising of tobacco products prohibited by
this Article;

(4) Any person who fails or refuses to com-
ply with the notice within the time period speci-
fied is subject to either a criminal action for an
infraction or a civil action brought by the City
Attorney.

(c) Any person, business, tobacco retailer, or
owner, manager or operator of any establish-
ment subject to this Article who violates or
refuses to comply with any provision of this
Article shall be deemed guilty of an infraction,

1395

Prohibiting Self-Service Merchandising of Tobacco Products
Except in Places to Which Minors Have No Access

Sec. 4600.7.

and shall be deemed guilty of a separate offense
for each day such violation or refusal shall con-
tinue. Every violation is punishable by:

(1) A fine, of at least $25 but not exceeding
$100 and/or five days of community service, for
the first violation;

(2) A fine, of at least $100 but not exceeding
$175 and/or 10 days of community service, for a
second violation of this Article within five years
of the first violation;

(3) A fine, of at least $175 but not exceeding
$250 and/or 15 days of community service, for a
third violation of this Article within five years of
the first violation.

(d) The City Attorney may maintain an
action for injunction to enforce the provisions of
this Article, to cause the correction of any such
violation, and for assessment and recovery of a
civil penalty for such violation pursuant to sub-
division (e).

(e) Any person who violates or refuses to
comply with the provisions of this Article shall be
liable for a civil penalty of $100 for each viola-
tion, which penalty shall be assessed and recov-
ered in a civil action brought in the name of the
People of the City and County of San Francisco
in any court of competent jurisdiction. Each day
such violation is committed or permitted to con-
tinue shall constitute a separate offense and
shall be punishable as such. Any penalty as-
sessed and recovered in an action brought pur-
suant to this paragraph shall be paid to the
Treasurer of the City and County of San Fran-
cisco. The person against whom a penalty is
assessed also shall be liable for the costs of
attorney's fees incurred by the City and County
of San Francisco in bringing any civil action to
enforce the provisions of this Article.

(f) For purposes of determining liability of
persons, firms or corporations controlling fran-
chises or business operations in multiple loca-
tions, each individual franchise or business loca-
tion shall be deemed a separate entity. Violations
accumulated and penalties assessed against a
prior owner of a single franchise location shall

not be accumulated against a new owner of the
same single franchise location. (Added by Ord.
446-96, App. 11/27/96)

SEC. 4600.5. OTHER APPLICABLE
LAWS.

This Article shall not be interpreted or con-
strued to permit tobacco vending machines or
distribution of tobacco product samples where
they are otherwise restricted by other applicable
laws. (Added by Ord. 446-96, App. 11/27/96)

SEC. 4600.6. VOLUNTARY
COMPLIANCE.

In order to encourage and assist voluntary
compliance with this Article, and subject to avail-
ability of funds, the City or its designee may
conduct informational activities to notify and
educate tobacco retailers and the public of this
Article, including the following:

(1) Publication of this Article in local news-
papers;

(2) Publication and distribution of materi-
als explaining this Article to tobacco retailers,
their employees and members of the public;

(3) Publication and distribution of materi-
als on merchant education and local employee
training resources geared towards preventing
tobacco sales to minors; and

(4) Publication and distribution of materi-
als on local programs and services geared to-
wards youth tobacco use prevention, education
and cessation. (Added by Ord. 446-96, App. 11/
27/96)

SEC. 4600.7. DISCLAIMERS.

By prohibiting the self-service merchandis-
ing of tobacco products except in places to which
minors have no access, the City and County of
San Francisco is assuming an undertaking only
to promote the general welfare. It is not assum-
ing, nor is it imposing on its officers and employ-
ees, an obligation for breach of which it is liable
in money damages to any person who claims that
such breach proximately caused injury. (Added
by Ord. 446-96, App. 11/27/96)

Sec. 4600.8. San Francisco ■ Police Code 1396

SEC. 4600.8. SEVERABILITY.

If any provision of this Article or the applica-
tion thereof to any person or circumstances is
held invalid, the remainder of this Article, to the
extent it can be given effect, or the application of
those provisions to persons or circumstances
other than those to which it is held invalid, shall
not be affected thereby, and to this end the
provisions of this Article are severable. (Added
by Ord. 446-96, App. 11/27/96)

[The next page is 1405]

ARTICLE 47: PERSONAL WATERCRAFT

Sec. 4700.1. Purpose.

Sec. 4700.2. Definitions.

Sec. 4700.3. Prohibited Use of Personal

Watercraft in Special Use Area.
Sec. 4700.4. State- or Federally-Funded

Facilities.
Sec. 4700.5. Violations; Enforcement;

Penalties.
Sec. 4700.6. Citizen Enforcement Actions.
Sec. 4700.7. Severability.

SEC. 4700.1. PURPOSE.

The purpose of this ordinance is to reduce
existing conflicts and limit potential conflicts
between uses of the coastal waters of San Fran-
cisco, eliminate adverse impacts to the diverse
and unusual species found in the San Francisco
Bay, promote overall public safety, and decrease
hydrocarbon pollution that is disproportionately
caused by personal watercraft.

Conflicts between uses have the potential to
increase in the future because of increasing
development of shoreline areas. Examples of
conflicts that currently occur are those between
personal watercraft and individuals engaged in
water sports such as kayaking, windsurfing,
swimming, and canoeing, due to the nature and
design of personal watercraft: high maneuver-
ability, high speed, ability to travel in shallow
areas, and noise patterns that are unique and
annoying.

Conflicts also occur between shoreline uses
in areas zoned for commercial and open space
activities and personal watercraft because of the
nature and design of these vessels. (Added by
Ord. 285-98, App. 9/18/98)

SEC. 4700.2. DEFINITIONS.

(a) "Landmarks" shall include, but not be
limited to, the farthest extension of piers, beaches,
seawalls, jetties, breakwaters and docks.

(b) "Personal watercraft" means a highly
maneuverable vessel which uses a waterjet pump
to propel one or more persons and is capable of
operating at planing speeds. "Personal water-
craft" includes, but is not limited to, vessels
referred to as Jetskis®, Sea Doos®, and Waverun-
ners®. "Personal watercraft" shall include any
vessel less than 12 feet, propelled by machinery,
that is designed to be operated by a person
sitting, standing or kneeling on the vessel, rather
than the conventional manner of sitting or stand-
ing inside the vessel.

(d) "Special-use area" means all or a portion
of a waterway that is set aside for specified uses
or activities to the exclusion of other incompat-
ible uses or activities.

(e) "Vessel" includes every description of
watercraft used or capable of being used as a
means of transportation on water, except either
a seaplane on the water or a watercraft specifi-
cally designed to operate on a permanently fixed
course. (Added by Ord. 285-98, App. 9/18/98)

SEC. 4700.3. PROHIBITED USE OF
PERSONAL WATERCRAFT IN SPECIAL
USE AREA.

(a) Use and operation of personal water-
craft in the area designated in Subsection (b) as
a special use area is incompatible with compet-
ing uses and is therefore prohibited.

(b) For purposes of this Article, the special
use area shall consist of the area within 1,200
feet of the shoreline or the farthest extension of
the shoreline of San Francisco, as defined by its
landmarks. The San Francisco shoreline shall
include, but not be limited to, all of Yerba Buena
Island, all of Treasure Island, the east shore of
Angel Island, all of Alcatraz Island, between
Point Bonita and Yellow Bluff in Marin, and from

1405

Sec. 4700.3.

San Francisco - Police Code

1406

Candlestick Park around the San Francisco Pen-
insula down to the extension of the County line
below Harding Park.

In the event that another regulatory author-
ity has exclusive jurisdiction over any of this
shoreline area, the special use area shall begin
at the boundary of the shoreline under the juris-
diction of the City and County of San Francisco
and extend out 1,200 feet.

(c) There shall be a 200-foot wide access
corridor for personal watercraft along the short-
est route possible from Pier 52 through the
special use area. There shall be a second access
corridor, not to exceed 200 feet in width, for
personal watercraft along the shortest route pos-
sible from the Gas House Cove marina fueling
station through the special use area. The Gas
House Cove corridor is designated solely for
access to the fueling facility; personal watercraft
shall not be allowed to launch from or land at
Gas House Cove. The access corridors shall be
marked by buoys or designated by other means
chosen by the Police Department, and the speed
limit in the corridors shall be five miles per hour.

(d) The restrictions imposed by this Section
shall not apply to the use of personal watercraft
by Fire Department, Police Department, or Coast
Guard personnel in the performance of search
and rescue missions or other emergency or law
enforcement operations.

(e) Signs summarizing the relevant provi-
sions of this Article shall be erected where per-
sonal watercraft have the ability to launch. These
signs shall also provide a telephone number
designated to accept calls by the public reporting
violations of this Article. (Added by Ord. 285-98,
App. 9/18/98)

SEC. 4700.4. STATE- OR
FEDERALLY-FUNDED FACILITIES.

If the Port of San Francisco or any other
officer, department or agency of the City con-
structs a recreational boat launch facility with
funds provided pursuant to 26 U.S.C. Section
9504(b)(2), the Port Director or the responsible
officer, department or agency shall designate,
and the Board of Supervisors shall confirm by

motion, an additional access corridor for per-
sonal watercraft from the facility and through
the special use area. In addition, the Port Direc-
tor or the responsible officer, department or
agency shall notify the Commission on the Envi-
ronment prior to constructing any facility cov-
ered by this Section. (Added by Ord. 285-98, App.
9/18/98)

SEC. 4700.5. VIOLATIONS;
ENFORCEMENT, PENALTIES.

(a) A violation of the provisions of Section
4700.3 shall be an infraction. Any person found
guilty of such an infraction shall be punished by
a fine not to exceed $50 for the first offense; for
the second offense committed within a one-year
period by a fine not to exceed $100; for third and
each additional offense committed within a one-
year period by a fine not to exceed $250.

(b) Any person who commits, or proposes to
commit, an act in violation of this Article may be
enjoined therefrom by any court of competent
jurisdiction. Action for injunction under this Sec-
tion may be brought by any aggrieved person, by
the District Attorney, by the City Attorney, or by
any person or entity which will fairly and ad-
equately represent the interests of the public.
(Added by Ord. 285-98, App. 9/18/98)

SEC. 4700.6. CITIZEN ENFORCEMENT
ACTIONS.

(a) Any citizen may commence a civil action
on his or her own behalf against any person who
is alleged to have violated, or to be in violation of
the provisions of this Article. For purposes of this
Section, "citizen" shall mean either an individual
who resides in the City; or a corporation, part-
nership or association that maintains its princi-
pal office in the City, and which has an interest
which is, or may be, adversely affected.

(b) In any action brought under this Section
where the City is not a party, the City may
intervene as a matter of right. Whenever an
action is brought under this Section, the plaintiff
shall serve a copy of the complaint on the City
Attorney upon filing. No consent judgment or
settlement shall be entered in an action in which

1407 Personal Watercraft Sec. 4700.7.

the City is not a party prior to 30 days following
receipt of the proposed consent judgment or
settlement by the City Attorney.

(c) The court in issuing any final order
brought pursuant to this Section shall award
costs of litigation (including reasonable attorney
and expert witness fees) to any prevailing or
substantially prevailing party who brought the
underlying action, when the court determines
such an award is appropriate. The court may, if a
temporary restraining order or preliminary in-
junction is sought by the citizen, require a filing
of a bond or undertaking in accordance with
State law and local court rules.

(d) Nothing in this Section shall restrict
any right which any person may have under any
statute, ordinance, or common law to seek en-
forcement of any requirement prescribed by or
under this Article, or to seek any other relief.
Nothing in this Section shall be construed to
prohibit or restrict the City from bringing any
administrative, civil or criminal action or obtain-
ing any remedy or sanction against any person to
enforce any requirement set forth in this Article.
(Added by Ord. 285-98, App. 9/18/98)

SEC. 4700.7. SEVERABILITY.

If any provision, section, paragraph, clause,
sentence or phrase of this ordinance, or the
application thereof to any person or circum-
stances, shall be held invalid, such invalidity
shall not affect the other provisions or applica-
tions of this ordinance which can be given effect
without the invalid provisions or application
and, to this end, the provisions of this ordinance
are hereby declared to be severable. (Added by
Ord. 285-98, App. 9/18/98)

Sec. 4700.7. San Francisco - Police Code 1408

[The next page is 1415]

ARTICLE 48: LASER POINTERS

Sec. 4800. Definitions.

Sec. 4801. Storage and Display of Laser

Pointers.
Sec. 4802. Sale of Laser Pointers to Minors

Prohibited.
Sec. 4803. Use of Laser Pointers by Minors

Prohibited.
Sec. 4804. Possession of Laser Pointers at

Movie Theaters and Public

Events Prohibited.
Sec. 4805. Directing Laser Beam into a

Moving Vehicle or onto Another

Person Prohibited.

Sec. 4806. Penalty.
Sec. 4807. Disclaimer.
Sec. 4808. Severability.

SEC. 4800. DEFINITIONS.

For purposes of this Article, "Laser Pointer"
shall mean any handheld device which emits a
laser lighting beam that is designed to be used by
the operator as a pointer or highlighter to indi-
cate, mark or identify a specific position, place,
item or object. (Added by Ord. 157-99, File No.
990409, App. 6/11/99)

SEC. 4801. STORAGE AND DISPLAY OF
LASER POINTERS.

(a) It shall be unlawful for any person who
owns, conducts, operates or manages a retail
commercial establishment where Laser Pointers
are sold to store or display, or cause to be stored
or displayed, such Laser Pointers in an area that
is accessible to the public without employee
assistance.

(b) Nothing herein shall preclude the stor-
age or display of Laser Pointers in an area
viewable by the public so long as such items are
not accessible to the public without employee
assistance. (Added by Ord. 157-99, File No.
990409, App. 6/11/99)

SEC. 4802. SALE OF LASER POINTERS
TO MINORS PROHIBITED.

It shall be unlawful for any person, firm, or
corporation, except a parent or legal guardian, to
sell, exchange, give or loan to any minor under
the age of 18 years, any Laser Pointer. (Added by
Ord. 157-99, File No. 990409, App. 6/11/99)

SEC. 4803. USE OF LASER POINTERS
BY MINORS PROHIBITED.

It shall be unlawful for any person under the
age of 18 years to have in his or her possession
any Laser Pointer unless said minor is under the
direct supervision and control of the minor's
parent, legal guardian, or other adult authorized
by the parent or legal guardian to exercise such
supervision. (Added by Ord. 157-99, File No.
990409, App. 6/11/99)

SEC. 4804. POSSESSION OF LASER
POINTERS AT MOVIE THEATERS AND
PUBLIC EVENTS PROHIBITED.

It shall be unlawful for any person attending
any movie theater or public event including, but
not limited to, any sporting event to have in his
or her possession any Laser Pointer. (Added by
Ord. 157-99, File No. 990409, App. 6/11/99)

SEC. 4805. DIRECTING LASER BEAM
INTO A MOVING VEHICLE OR ONTO
ANOTHER PERSON PROHIBITED.

It shall be unlawful for any person to direct
intentionally the beam from a Laser Pointer into
a moving vehicle or onto another person without
such person's prior knowledge and consent. (Added
by Ord. 157-99, File No. 990409, App. 6/11/99)

SEC. 4806. PENALTY.

Any person who violates Section 4803 or
4804 of this Article shall be guilty of an infrac-
tion. Any person who violates Section 4801, 4802
or 4805 of this Article shall be guilty of an
infraction or a misdemeanor, at the discretion of

1415

Sec. 4806. San Francisco - Police Code 1416

the prosecutor. A violation which is an infraction
is punishable by a fine of not more than. $500. A
violation which is a misdemeanor is punishable
by a fine of not more than $1000, or by impris-
onment in the County Jail for not more than 6
months, or by both such fine and imprisonment.
(Added by Ord. 157-99, File No. 990409, App.
6/11/99)

SEC. 4807. DISCLAIMER.

In regulating the sale, possession and use of
Laser Pointers, the City and County of San
Francisco is assuming an undertaking only to
promote the general welfare. It is not assuming,
nor is it imposing on its officers and employees,
an obligation for breach of which it is liable in
money damages to any person who claims that
such breach proximately caused injury. (Added
by Ord. 157-99, File No. 990409, App. 6/11/99)

SEC. 4808. SEVERABILITY.

If any of the provisions of this Article or the
application thereof to any Person or circum-
stance is held invalid, the remainder of this
Code, including the application of such part or
provisions to persons or circumstances other
than those to which it is held invalid, shall not be
affected thereby and shall continue in full force
and effect. To this end, the provisions of this
Article are severable. (Added by Ord. 157-99,
File No. 990409, App. 6/11/99)

[The next page is 1421]

ARTICLE 49: REPEALED*

*Editor f 8 note:

Ord. 234-06, File No. 060892, approved September 14, 2006, repealed Ch. 49, in its entirety, which
pertained to parking stations; revenue control equipment.

1421 Supp. No. 2, October 2006

§ 4901.

San Francisco - Police Code

1422

Sec. 4901. (Added by Ord. 61-01, File No.
002197, App. 4/20/2001; repealed by Ord. 234-06,
File No. 060892, App. 9/14/2006)
Sec. 4902. (Added by Ord. 61-01, File No.
002197, App. 4/20/2001; repealed by Ord. 234-06,
File No. 060892, App. 9/14/2006)
Sec. 4903. (Added by Ord. 61-01, File No.
002197, App. 4/20/2001; amended by Ord. 187-
04, File No. 040759, App. 7/22/2004; repealed by
Ord. 234-06, File No. 060892, App. 9/14/2006)
Sec. 4904. (Added by Ord. 61-01, File No.
002197, App. 4/20/2001; amended by Ord. 187-
04, File No. 040759, App. 7/22/2004; repealed by
Ord. 234-06, File No. 060892, App. 9/14/2006)
Sec. 4905. (Added by Ord. 61-01, File No.
002197, App. 4/20/2001; amended by Ord. 187-
04, File No. 040759, App. 7/22/2004; repealed by
Ord. 234-06, File No. 060892, App. 9/14/2006)
Sec. 4906. (Added by Ord. 61-01, File No.
002197, App. 4/20/2001; repealed by Ord. 234-06,
File No. 060892, App. 9/14/2006)
Sec. 4907. (Added by Ord. 61-01, File No.
002197, App. 4/20/2001; repealed by Ord. 234-06,
File No. 060892, App. 9/14/2006)
Sec. 4908. (Added by Ord. 61-01, File No.
002197, App. 4/20/2001; amended by Ord. 187-
04, File No. 040759, App. 7/22/2004; repealed by
Ord. 234-06, File No. 060892, App. 9/14/2006)
Sec. 4910. (Added by Ord. 61-01, File No.
002197, App. 4/20/2001; amended by Ord. 197-
03, File No. 030633, App. 8/1/2003; Ord. 187-04,
File No. 040759, App. 7/22/2004; repealed by
Ord. 234-06, File No. 060892, App. 9/14/2006)
Sec. 4911. (Added by Ord. 61-01, File No.
002197, App. 4/20/2001; repealed by Ord. 234-06,
File No. 060892, App. 9/14/2006)
Sec. 4912. (Added by Ord. 61-01, File No.
002197, App. 4/20/2001; repealed by Ord. 234-06,
File No. 060892, App. 9/14/2006)
Sec. 4913. (Added by Ord. 61-01, File No.
002197, App. 4/20/2001; repealed by Ord. 234-06,
File No. 060892, App. 9/14/2006)
Sec. 4914. (Added by Ord. 61-01, File No.
002197, App. 4/20/2001; repealed by Ord. 234-06,
File No. 060892, App. 9/14/2006)
Sec. 4915. (Added by Ord. 61-01, File No.
002197, App. 4/20/2001; repealed by Ord. 234-06,
File No. 060892, App. 9/14/2006)

Sec. 4916. (Added by Ord. 61-01, File No.
002197, App. 4/20/2001; repealed by Ord. 234-06,
File No. 060892, App. 9/14/2006)

[The next page is 1625]

Supp. No. 2, October 2006

INDEX

— A —

ABANDONMENT

Conduct regulations, miscellaneous
Refrigerator equipped with locking devices,
abandoning, prohibited, 645
Penalty, 646
Unclaimed property, disposal of
Abandoned property, 1408

ABATEMENT
Amusements and entertainments
Entertainment regulations for extended-
hours premises
Noise abatement, 1070.15
Entertainment regulations permit and li-
cense provisions
Noise abatement, 1060.12

ACCESS
Health care facilities, access to, 4301 et seq.
(See HEALTH CARE FACILITIES, ACCESS
TO)
Poker games

Access — Inspection, 3210A
Tobacco products, prohibiting self-service mer-
chandising of, except in places to which
minors have no access, 4600 et seq.
(See TOBACCO PRODUCTS, PROHIBIT-
ING SELF-SERVICE MERCHANDIS-
ING OF, EXCEPT IN PLACES TO
WHICH MINORS HAVE NO ACCESS)

ACCESSORY BUILDINGS, STRUCTURES AND

USES
Mechanical amusement devices
Accessory uses — Operating standards, 1036.33

ACCUMULATIONS

Nuisances
Rubbish, etc.
Accumulation of litter on sidewalks prohib-
ited, 34

ACTIONS (See SUITS, ACTIONS AND OTHER
PROCEEDINGS)

ADULT THEATERS AND ADULT BOOK-
STORES PERMIT AND LICENSE PROVI-
SIONS

Definitions, 791

Effective date, 791.4

Penalty — Misdemeanor or infraction, 791.3

Signs, 791.1

Visibility from street, 791.2

ADVERTISING
Bath houses, public, 2619
Dry cleaning and laundry services signs —

Prices, 667
Encounter studios, 1072.34
Fortunetelling, 1315
Gasoline sales signs — Prices, 666
Intelligence office, display of bulletin board of,

near street prohibited, 708
Licenses

Balloon and kite advertising, 989

Fees, 992

Filing fee, 991.1

Inspection, 991

Notice to director of public works, 990

Nude models in public photography studios,
1073.27

On-street sales

Definitions, 710.1

Findings, 710

Penalty, 710.3

Prohibited; exception; removal of vehicles

authorized, 710.2
Severability, 710.4

Private property, posting signs on, prohibited;

penalty for violation, 709
Sales
Gasoline sales signs — Prices, 666

1625

Supp. No. 1, September 2006

San Francisco - Police Code

1626

ADVERTISING (Cont'd.)

On-street sales. See herein that subject
Second-hand or defective merchandise, regu-
lating advertisement of sale of, 665
Second-hand or defective merchandise, regu-
lating advertisement of sale of, 665
Signs
Dry cleaning and laundry services signs —

Prices, 667
Gasoline sales signs — Prices, 666
Intelligence office, display of bulletin board

of, near street prohibited, 708
Private property, posting signs on, prohib-
ited; penalty for violation, 709
Street car windows, advertising on, prohibited —
Exceptions, 702
Penalty, 703
Streets, sidewalks and other public places
On-street sales. See herein that subject
Street car windows, advertising on, prohib-
ited — Exceptions, 702
Penalty, 703
Vehicles, advertising, prohibited on city
streets, 680
Taxicabs
Operations, regulations governing
Tobacco advertising, ban on, 1147.7
Tobacco advertising and promotion prohibited,

674
Traffic and vehicles
On-street sales. See herein that subject
Street car windows, advertising on, prohib-
ited — Exceptions, 702
Penalty, 703
Vehicles, advertising, prohibited on city
streets, 680
Vehicles, advertising, prohibited on city streets,
680

AEROSOL PAINT CONTAINERS AND MARKER
PENS, SALE AND DISPLAY OF
Definitions, 4200
Minors
Aerosol paint, prohibition of sale of, to mi-
nors, 554

AEROSOL PAINT CONTAINERS AND MARKER
PENS, SALE AND DISPLAY OF (Cont'd.)
Permanent markers, sale of, to minors and
possession of permanent markers by mi-
nors without supervision or authoriza-
tion prohibited, 555
Sale of inscribing tools, 4202
Storage and display of aerosol paint containers
and marker pens, 4201

AGE, DISCRIMINATION BECAUSE OF (See
DISCRIMINATION)

AGENCIES (See DEPARTMENTS AND OTHER
AGENCIES OF CITY)

AGREEMENTS (See CONTRACTS AND AGREE-
MENTS)

AIDS AND ASSOCIATED CONDITIONS, PRO-
HIBITING DISCRIMINATION ON BASIS

OF
AIDS and associated conditions

Actions, limitation on, 3812

Application to City and County of San Fran-
cisco, 3816

Association and retaliation, 3808

Business establishments and public accom-
modations, 3805

City facilities and services, 3807

Definitions, 3813

Educational institutions, 3806

Employment, 3803

Enforcement, 3811

Findings, 3802

Housing, 3804

Liability, 3810

Nonwaiverability, 3815

Policy, 3801

Severability, 3814

Testing, 3809

Diseases or afflictions not transmitted by ca-
sual contact
Actions, limitation on, 3857

Application to City and County of San Fran-
cisco, 3860
Association and retaliation, 3853

Supp. No. 1, September 2006

1627

Index

AIDS AND ASSOCIATED CONDITIONS, PRO-
HIBITING DISCRIMINATION ON BASIS
OF (Cont'd.)
Employment, 3852

Enforcement, 3856

Findings, 3851

Liability, 3855

Nonwaiverability, 3859

Policy, 3850

Severability, 3858

Testing, 3854

AIR TRAVEL TICKET BUSINESS
Bond, 1500
Penalty, 1501

AIRPORTS AND AIRCRAFT

Air travel ticket business

Bond, 1500

Penalty, 1501
Heliports, temporary, 3100 et seq.

(See HELIPORTS, TEMPORARY)

AIRTIGHT CONTAINERS

Conduct regulations, miscellaneous

Refrigerator equipped with locking devices,
abandoning, prohibited, 645

Penalty, 646

ALARM SYSTEMS

Conduct regulations, miscellaneous, 639 et seq.

(See CONDUCT REGULATIONS, MISCEL-
LANEOUS)

False alarms

Making prohibited, 639

Reward, 640

Ineligible persons, 642

Payment, 641

Publication of offer, 643

Police emergency alarm ordinance, 3700 et seq.

(See POLICE EMERGENCY ALARM ORDI-
NANCE)

ALCOHOLIC BEVERAGES

Amusements and entertainments
Entertainment regulations for extended-
hours premises
Solicitation of drinks or merchandise,
1070.7.1
Entertainment regulations permit and li-
cense provisions
Solicitation of drinks or merchandise,
1060.7.1
Disorderly persons, disorderly conduct, 132
et seq.
(See DISORDERLY PERSONS, DISOR-
DERLY CONDUCT)
Employer interference with employee relation-
ships and activities, prohibition of, and
employer drug testing of employees
Intoxicating substances, prohibiting use of,
during working hours; discipline for be-
ing under influence of intoxicating sub-
stances during working hours, 3300 A. 7
Firearms and weapons, 3600 et seq.
(See FIREARMS AND WEAPONS)
Liquor license conditions, 1298
Minors
Barrooms, billiard parlors, etc., minors fre-
quenting, prohibited, 510
Motor vehicles for hire
All vehicles, provisions governing
Driving recklessly or under influence of
intoxicants prohibited, 1101
Nuisances
Alcoholic beverages, consuming, on public
streets, etc., or on public property open
to public view prohibited; penalty, 21

AMMUNITION (See FIREARMS AND WEAP-
ONS)

AMPLIFIERS

Nuisances, 43 et seq.
(See NUISANCES)

AMUSEMENT PARKS
Defined, 1031
License fees, 1032

Supp. No. 1, September 2006

San Francisco - Police Code

1628

AMUSEMENT PARKS (Cont'd.)
Permit, 1031.1
Sections not applicable, 1034
Tax Collector, license by, 1033

AMUSEMENTS AND ENTERTAINMENTS
Adult theaters and adult bookstores permit
and license provisions, 791 et seq.
(See ADULT THEATERS AND ADULT
BOOKSTORES PERMIT AND LICENSE
PROVISIONS)
Amusement parks, 1031 et seq.
(See AMUSEMENT PARKS)
Amusements, licenses for
Amusement parks, 1031 et seq.
(See AMUSEMENT PARKS)
Ball or ring throwing games, 1021
Billiard and pool tables, 1037 et seq.
(See BILLIARDS AND BILLIARD PAR-
LORS)
Circuses, 1019 et seq.

(See CIRCUSES)
Dances and dance halls, 1022 et seq.

(See DANCES AND DANCE HALLS)
Itinerant shows, 1016 et seq.
(See ITINERANT SHOWS)
Masked balls, 1029

Mechanical amusement contrivances used to
convey human beings, providing for in-
spection and regulation of, 1049
Mechanical amusement devices, 1036 et seq.
(See MECHANICAL AMUSEMENT DE-
VICES)
Mechanical contrivances and other amuse-
ments, 1045 et seq.
(See MECHANICAL CONTRIVANCES
AND OTHER AMUSEMENTS)
Recreational equipment vendors, 1050 et seq.
(See RECREATIONAL EQUIPMENT VEN-
DORS)
Rodeo exhibitions and shows, 1020
Shooting galleries, 1039 et seq.
(See SHOOTING GALLERIES)
Ball or ring throwing games, 1021

AMUSEMENTS AND ENTERTAINMENTS

(Cont'd.)
Billiard and pool tables, 1037 et seq.

(See BILLIARDS AND BILLIARD PAR-
LORS)
Bingo games, 3200 et seq.

(See BINGO GAMES)
Circuses, 1019 et seq.

(See CIRCUSES)
Dances and dance halls, 1022 et seq.

(See DANCES AND DANCE HALLS)
Encounter studios, 1072.1 et seq.

(See ENCOUNTER STUDIOS)
Entertainment regulations for extended-hours
premises

Application
Determination, 1070.5
Form, 1070.3
Verification, 1070.4

Attire, 1070.10

Booths, 1070.13

Definitions, 1070

Earplugs, 1070.27

Exceptions, 1070.19

Filing, 1070.2

Forfeiture of fee, 1070.18

License fees, 1070.1-1, 1070.20-1

Lighting, 1070.11

Minors, 1070.16

Moratorium on granting of permits, 1070.26

Noise abatement, 1070.15

Penalty, 1070.24

Permit required, 1070.1, 1070.23

Police; inspection, 1070.14

Private club, 1070.6

Procurement, 1070.9

Rules, miscellaneous, 1070.12

Severability, 1070.25

Solicitation of drinks or merchandise, 1070.7.1

Solicitation of trade, 1070.8

Stay orders, 1070.21

Suspension and revocation, 1070.17

Supp. No. 1, September 2006

1629

Index

AMUSEMENTS AND ENTERTAINMENTS
(Cont'd.)
Suspension, limited, 1070.20

Transfer of permit, 1070.22
Water, drinking, 1070.27

Entertainment regulations permit and license

provisions
Application

Determination, 1060.5

Form, 1060.3

Verification, 1060.4
Booths, 1060.10
Definitions, 1060

Earplugs and free drinking water, 1060.28
Filing, 1060.2
Forfeiture of fee, 1060.21
License fees, 1060.1-1, 1060.22
Lighting, 1060.8
Minors, 1060.13
Noise abatement, 1060.12
One night event permit, 1060.29
Penalty, 1060.25
Permit fee; exemptions, 1060.19
Permit required, 1060.1
Police — Inspection, 1060.11
Private club, 1060.6
Rules, miscellaneous, 1060.9
Severability, 1060.26
Signs

Continued, 1060.15

Provisions re, 1060.14

Removal of signs and pictorial representa-
tion, 1060.17
Solicitation of drinks or merchandise, 1060.7.1
Stage, requirement for, 1060.9.1
Suspension and revocation, 1060.20
Suspension, limited, 1060.23
Time limit for obtaining permit, 1060.27
Transfer of permit, 1060.24
Visibility from street, 1060.18
Escort services, 1074.1 et seq.
(See ESCORT SERVICES)

AMUSEMENTS AND ENTERTAINMENTS

(Cont'd.)
Hours

Entertainment regulations for extended-
hours premises. See herein that subject
Inspections
Amusements, licenses for

Mechanical amusement contrivances used
to convey human beings, providing for
inspection and regulation of, 1049

Entertainment regulations for extended-
hours premises
Police; inspection, 1070.14

Entertainment regulations permit and li-
cense provisions

Police — Inspection, 1060.11
Itinerant shows, 1016 et seq.
(See ITINERANT SHOWS)
Licenses and permits

Amusements, licenses for. See herein that
subject

Entertainment regulations permit and li-
cense provisions. See herein that subject

Masked balls, 1029

Mechanical amusement devices, 1036 et seq.

(See MECHANICAL AMUSEMENT DE-
VICES)

Mechanical contrivances and other amuse-
ments, 1045 et seq.

(See MECHANICAL CONTRIVANCES AND
OTHER AMUSEMENTS)

Miniature golf courses, 770 et seq.

(See MINIATURE GOLF COURSES)

Noise

Entertainment regulations for extended-
hours premises

Earplugs and free drinking water, 1070.27
Noise abatement, 1070.15

Entertainment regulations permit and li-
cense provisions

Earplugs and free drinking water, 1060.28
Noise abatement, 1060.12

Supp. No. 1, September 2006

San Francisco - Police Code

1630

AMUSEMENTS AND ENTERTAINMENTS

(Cont'd.)
Nude models in public photography studios,
1073.1 et seq.

(See NUDE MODELS IN PUBLIC PHOTOG-
RAPHY STUDIOS)

Nude performers, waiters and waitresses, pro-
hibiting, 1071 et seq.

(See NUDE PERFORMERS, WAITERS AND
WAITRESSES, PROHIBITING)

Nuisances

Permits

Police Department or Entertainment Com-
mission, permits issued by, 2.9

Police Department or Entertainment Com-
mission, schedule of license fees for
permits issued by, 2.27

Peddlers, canvassers and solicitors

Entertainment regulations for extended-
hours premises

Solicitation of drinks or merchandise,
1070.7.1

Solicitation of trade, 1070.8

Entertainment regulations permit and li-
cense provisions

Solicitation of drinks or merchandise,
1060.7.1

Penalty, 766

Poker games, 3200A et seq.

(See POKER GAMES)
Recreational equipment vendors, 1050 et seq.

(See RECREATIONAL EQUIPMENT VEN-
DORS)

Rodeo exhibitions and shows, 1020

Shooting galleries, 1039 et seq.

(See SHOOTING GALLERIES)

Signs

Entertainment regulations permit and li-
cense provisions. See herein that subject

ANCESTRY, DISCRIMINATION BECAUSE OF
(See DISCRIMINATION)

ANIMALS AND FOWL
Birds
Feeding birds and wild animals prohibited,
486

Roosting and breeding areas, reduction of,

487
Sterilization of birds prohibited; exceptions,

485.1
Trapping or killing of birds prohibited; excep-
tion, 485
Conduct regulations, miscellaneous
Lampposts, hydrants, etc., hitching animals
to or injuring, prohibited, 585
Feeding birds and wild animals prohibited,

486
Horse-drawn vehicles, 500 et seq.

(See HORSE-DRAWN VEHICLES)
Horses, regulating riding of, in public places,

490
Rodeo exhibitions and shows, 1020
Roosting and breeding areas, reduction of, 487
Steel-jawed traps, use of, prohibited, 488

Sterilization of birds prohibited; exceptions,
485.1

Trapping or killing of birds prohibited; excep-
tion, 485

ANTENNAS (See TOWERS AND ANTENNAS)

ANTIQUE SHOPS
Secondhand dealers
Antique shops; definition; permit, 1279.2

APARTMENT HOUSES

Minors
Hotels, motels, auto courts, and furnished
apartment house keepers, requiring, to
report presence of minor, 533
Penalty, 534

Professions and trades, miscellaneous regula-
tions for

Hotels and motels
Register of guests, requiring operators of
hotels, motels, auto courts and fur-
nished apartment house keepers to
keep, 919

Supp. No. 1, September 2006

1631

Index

AKCADES
Mechanical amusement devices
Arcade location; limitation, 1036.31-1
Arcades — Operating standards, 1036.32

ARRESTS

Citations for violations of certain provisions of
Health Code and Police Code
Warrants of arrest, issuance for failure to

appear, 1559
Warrants of arrest, nonissuance, 1557

ARTISTS

Street artists, 2400 et seq.
(See STREET ARTISTS)

ASSEMBLIES
Disorderly persons, disorderly conduct
Crowds to disperse on order of Police officer,
157
Parades and processions, 366 et seq.
(See PARADES AND PROCESSIONS)

AUCTIONEERS

Secondhand dealers
Auctioneers, licensed, excepted, 1282

AUDITS
Charitable solicitation
Audits, 660.4-1

AUTO COURTS

Minors
Hotels, motels, auto courts, and furnished
apartment house keepers, requiring, to
report presence of minor, 533
Penalty, 534
Professions and trades, miscellaneous regula-
tions for
Hotels and motels
Register of guests, requiring operators of
hotels, motels, auto courts and fur-
nished apartment house keepers to
keep, 919

AUTOMATIC CALLING DEVICES

Conduct regulations, miscellaneous
Automatic calling devices
Application for permission to install, 649

AUTOMATIC CALLING DEVICES (Cont'd.)
Use of regulated, 648

AUTOMATIC PUBLIC TOILETS

Disorderly persons, disorderly conduct, 124
et seq.

(See DISORDERLY PERSONS, DISOR-
DERLY CONDUCT)

AUTOMOBILES (See TRAFFIC AND VE-
HICLES)

— B —

BACKGROUND CHECKS

Conduct regulations, miscellaneous
Firearms and weapons

Application form and background check
requirements, 613.2

BAGGAGE, TRANSPORTATION OF

Professions and trades, miscellaneous regula-
tions for, 924 et seq.

(See PROFESSIONS AND TRADES, MIS-
CELLANEOUS REGULATIONS FOR)
Taxicabs
Operations, regulations governing
Rates for baggage, 1136

BALL OR RING THROWING GAMES
Provisions re, 1021

BALL PLAYING

Disorderly persons, disorderly conduct
Ball playing on public street prohibited, 110

BALLOONS
Advertising
Licenses
Balloon and kite advertising, 989
Conduct regulations, miscellaneous
Balloons inflated with inflammable or explo-
sive gases, use, sale or possession of,
prohibited, 644

BARRICADES

Games of chance

Barricaded gambling rooms, visiting, prohib-
ited, 283

Supp. No. 6, March 2007

San Francisco - Polic Code

1632

BARRICADES (Cont'd.)

Barricaded rooms, gambling in, prohibited,
282

BARROOMS

Minors

Barrooms, billiard parlors, etc., minors fre-
quenting, prohibited, 510

BATH HOUSES, PUBLIC

Advertising, 2619

Applicability to existing public bath houses,
2632

Application for public bath house permit, 2603

Corporate applicants; exemption, 2604

Definitions, 2600

Display of permit, 2624

Facilities necessary, 2607

Filing and fee provision, 2602

Inspections, 2625

Issuance of permit for public bath house, 2612

License fees, 2626

Locked cubicle, room, booth, etc., 2623

Name and place of business — Change of loca-
tion, 2621

Notice of hearing, 2610

Operating requirements, 2608

Permit required, 2601

Persons under age of eighteen years, employ-
ment of, prohibited, 2618

Referral of application to other departments,
2611

Revocation or suspension of permit to operate
public bath house, 2616

Rules and regulations, 2633

Sale or transfer, 2620

Severability, 2635

Time limit for filing application for public bath
house permit, 2630

Transfer of permit, 2627

Unlawful activities, 2628

Verification of application, 2609

BATH HOUSES, PUBLIC (Cont'd.)
Violation and penalty, 2634

BEACHES

Professions and trades, miscellaneous regula-
tions for
Ocean Beach, sale of merchandise on, pro-
hibited, 954

BEER (See ALCOHOLIC BEVERAGES)

BICYCLES

Unclaimed property, disposal of, 1405.1

BILLIARDS AND BILLIARD PARLORS
Billiard and pool tables
Filing fee application, 1037.1
License fee, 1037.2
Permit and license not exempt from any

other provision of Code, 1037.3
Provisions re, 1037
Mechanical amusement devices

Billiard and pool tables excepted, 1036.29
Minors
Barrooms, billiard parlors, etc., minors fre-
quenting, prohibited, 510

BINGO GAMES

Amendment of permit, 3209

Application form, 3204

Definitions, 3200

Duration of permit, 3208

Filing, 3203

Forfeiture of license fee, 3223

Forms prescribed by Chief of Police, 3216

Inapplicability of other laws, 3226

Injunction, 3225

Issuance of permit, 3207

License, annual, 3219

License fees, 3217

Notice of hearing, 3206

Officers and employees
Forms prescribed by Chief of Police, 3216
Reports to be filed with Chief of Police, 3214
Rules and regulations by Chief of Police,
3210

Supp. No. 6, March 2007

1633

Index

BINGO GAMES (Cont'd.)
Penalties, 3224

Permit required, 3202

Police department

Forms prescribed by Chief of Police, 3216

Inspection, 3211

Reports to be filed with Chief of Police, 3214

Rules and regulations by Chief of Police,
3210
Records, examination of, 3213
Records, requirement to keep, 3212
Reports, frequency of filing, 3215
Reports to be filed with Chief of Police, 3214
Restrictions upon conducting of bingo games,

3201
Rules and regulations by Chief of Police, 3210
Severability, 3227
Special license, 3218

Suspension and revocation of permit, 3220
Suspension, limited, 3221
Transfer of permit, 3222
Verification of application, 3205
Waiver of fees, 3219.1

BIRDS (See ANIMALS AND FOWL)

BIRTHPLACE, DISCRIMINATION BECAUSE
OF (See DISCRIMINATION)

BOARDS, COMMISSIONS AND COMMITTEES
(See DEPARTMENTS AND OTHER AGEN-
CIES OF CITY)

BOATS, DOCKS AND WATERWAYS

Nuisances
Ark, boat, vessel, dumping, etc., prohibited,

1
Tobacco and tobacco products
Wharves, etc., smoking, etc., on, 55
Personal watercraft
Citizen enforcement actions, 4700.6
Definitions, 4700.2
Purpose, 4700.1
Severability, 4700.7

Special use area, prohibited use of personal
watercraft in, 4700.3

BOATS, DOCKS AND WATERWAYS (Cont'd.)
State- or federally-funded facilities, 4700.4

Violations; enforcement; penalties, 4700.5

Port area, 1600 et seq.

(See PORT AREA)

Professions and trades, miscellaneous regula-
tions for

Ocean Beach, sale of merchandise on, pro-
hibited, 954

BONDS, SURETY OR PERFORMANCE

Air travel ticket business, 1500

Citations for violations of certain provisions of
Health Code and Police Code
Bail
Deposit and forfeiture of bail; termination
of proceedings; payment of forfeited
bail into treasury, 1556
Fixing of bail by Judge, 1555
Motor vehicles for hire
All vehicles, provisions governing
Bond, filing, with Police Commission, 1092
Photographic solicitors

Application for permit bond, 3421
Public outcry, sales by
Cancellation of bond, 1203

Permit from Chief of Police — Procedure —
Bond, 1201

Street photographer

Application for permit — Bond, 3411

BOOKSTORES

Adult theaters and adult bookstores permit
and license provisions, 791 et seq.
(See ADULT THEATERS AND ADULT
BOOKSTORES PERMIT AND LICENSE
PROVISIONS)

BRIBERY

Disorderly persons, disorderly conduct
Bribery of Police officers prohibited, 125

BUILDINGS AND BUILDING REGULATIONS
Bath houses, public, 2600 et seq.
(See BATH HOUSES, PUBLIC)

Supp. No. 1, September 2006

San Francisco - Police Code

1634

BUILDINGS AND BUILDING REGULATIONS

(Cont'd.)
Conduct regulations, miscellaneous
Buildings and grounds, City and County;
violations of rules and regulations relat-
ing thereto prohibited, 635
Disorderly persons, disorderly conduct
Prostitution
Buildings, use of, for prostitution prohib-
ited, 236
Miniature golf courses
Operators, permits for
Construction permit, 779
Noise
Construction equipment, 2907
Construction work at night, 2908

BULLHORNS

Nuisances
Loudspeaker or sound amplifying equipment
outside buildings or out of doors, permits
for use of

Exceptions — Radio, television receiving sets,
pedestrian operated bullhorns, 45

BUSES

Employer's bus stands, 1170 et seq.

(See EMPLOYER'S BUS STANDS)
Jitney buses, 1150 et seq.

(See JITNEY BUSES)
Sightseeing and interurban buses, 1155 et seq.

(See SIGHTSEEING AND INTERURBAN
BUSES)

BUSINESSES
Adult theaters and adult bookstores permit
and license provisions, 791 et seq.

(See ADULT THEATERS AND ADULT
BOOKSTORES PERMIT AND LICENSE
PROVISIONS)

AIDS and associated conditions, prohibiting
discrimination on basis of

AIDS and associated conditions
Business establishments and public accom-
modations, 3805

BUSINESSES (Cont'd.)
Automobile wreckers, 1239
Filing fees, 1239.1
License, 1239.2
Charitable solicitation
Registration
Commercial fundraisers, registration of,
660.4-2

Closing-out sales, 1267 et seq.

(See CLOSING-OUT SALES)
Computer rental businesses, 750 et seq.

(See COMPUTER RENTAL BUSINESSES)
Conduct regulations, miscellaneous, 613
(See CONDUCT REGULATIONS, MISCEL-
LANEOUS)
Dead human bodies, commercial display of,
788

Discrimination

Business establishments and public accom-
modations, 3305
Encounter studios, 1072.1 et seq.

(See ENCOUNTER STUDIOS)
Escort services, 1074.1 et seq.

(See ESCORT SERVICES)
Fraud and deceit, 445 et seq.

(See FRAUD AND DECEIT)
Horse-drawn vehicles, 500 et seq.

(See HORSE-DRAWN VEHICLES)
Junk dealers, 974.1 et seq.

(See JUNK DEALERS)
Mercury thermometers, 4200B.2 et seq.

(See MERCURY THERMOMETERS)
Minors, 551 et seq.

(See MINORS)
Mobile caterers

Business districts, exemption from prohibi-
tion of selling from vehicles in, 1320.10

Supp. No. 1, September 2006

1635

Index

BUSINESSES (Cont'd.)
Motor vehicles for hire, 1075 et seq.
(See MOTOR VEHICLES FOR HIRE)

Nude models in public photography studios,
1073.1 et seq.
(See NUDE MODELS IN PUBLIC PHOTOG-
RAPHY STUDIOS)
Nude performers, waiters and waitresses, pro-
hibiting, 1071 et seq.
(See NUDE PERFORMERS, WAITERS AND
WAITRESSES, PROHIBITING)

Pawnbrokers, 2800 et seq.

(See PAWNBROKERS)
Pedicabs, 3901 et seq.

(See PEDICABS)
Photographers, 3400 et seq.

(See PHOTOGRAPHERS)
Photographic solicitors, 3420 et seq.

(See PHOTOGRAPHIC SOLICITORS)

Police emergency alarm ordinance, 3710 et seq.

(See POLICE EMERGENCY ALARM ORDI-
NANCE)

Professions and trades, miscellaneous regula-
tions for, 840 et seq.

(See PROFESSIONS AND TRADES, MIS-
CELLANEOUS REGULATIONS FOR)

Protection and security services, private, 1750
et seq.

(See PROTECTION AND SECURITY SER-
VICES, PRIVATE)

Public outcry, sales by, 1200 et seq.

(See PUBLIC OUTCRY, SALES BY)
Pushcart peddlers and pushcart operators, 1330
et seq.
(See PUSHCART PEDDLERS AND PUSH-
CART OPERATORS)

Second-hand automobiles or automobile acces-
sories, dealers in, 1235 et seq.

(See SECOND-HAND AUTOMOBILES OR
AUTOMOBILE ACCESSORIES, DEAL-
ERS IN)
Secondhand dealers, 1276 et seq.
(See SECONDHAND DEALERS)

BUSINESSES (Cont'd.)
Street artists, 2400 et seq.

(See STREET ARTISTS)
Street photographer, 3410 et seq.

(See STREET PHOTOGRAPHER)
Taxicabs, 1120 et seq.

(See TAXICABS)
Tow car drivers, permits for, 3000 et seq.

(See TOW CAR DRIVERS, PERMITS FOR)
Tow car firms, permits for, 3050 et seq.

(See TOW CAR FIRMS, PERMITS FOR)

— C —

CABLE CARS
Nuisances, 2.30 et seq.
(See NUISANCES)

CANNONS
Discharge of cannon
License, 1289.1
Prohibited, 1289

CANVASSERS (See PEDDLERS, CANVASS-
ERS AND SOLICITORS)

CERTIFICATES, CERTIFICATION

Charitable solicitation
Registration

Certificate of registration and identifica-
tion cards nontransferable — Return
upon expiration, 660.6
Certificate of registration, issuance of, 660.4
Street artists, 2404 et seq.
(See STREET ARTISTS)

CHARITABLE SOLICITATION
Audits, 660.4-1

Change in fact, policy or method, 660.5
City Undertaking Limited to Promotion of Gen-
eral Welfare, 660.15
Definitions, 660.1
Disclosure, public, 660.12
Exceptions, 660.13
Financial Records, 660.11
Findings and purpose, 660

Supp. No. 6, March 2007

San Francisco - Polic Code

1636

CHARITABLE SOLICITATION (Cont'd.)
Forfeiture, 660.14-1
Penalties, 660.14
Preemption, 660.17
Receipts, written, required, 660.9
Registration
Certificate of registration and identification
cards nontransferable — Return upon ex-
piration, 660.6
Certificate of registration, issuance of, 660.4
Commercial fundraisers, registration of,

660.4-2
Fee, registration, 660.7
Statement of registration, 660.3
Severability, 660.16

Solicitors' identification cards and lists of so-
licitors, 660.8
Unlawful solicitation, 660.2

CHILDREN (See MINORS)

CHURCHES (See RELIGIOUS INSTITUTIONS)

CIGARETTES, CIGARS (See TOBACCO AND
TOBACCO PRODUCTS)

CIRCUSES
Exemptions, 1019.5
Issuance of license, 1019.3
License fee, 1019.2
License fee, exception, 1019.4
Permit required, 1019.1
Provisions re, 1019

CITATIONS FOR VIOLATIONS OF CERTAIN
PROVISIONS OF HEALTH CODE AND PO-
LICE CODE

Appearance before Judge of Municipal Court,

1553
Bail
Deposit and forfeiture of bail; termination of
proceedings; payment of forfeited bail
into treasury, 1556
Fixing of bail by Judge, 1555
Contents of citation, 1551
Penalty for failure to appear in court, 1558
Provisions re, 1550

CITATIONS FOR VIOLATIONS OF CERTAIN
PROVISIONS OF HEALTH CODE AND PO-
LICE CODE (Cont'd.)
Signing of promise to appear, 1554
Time for appearance, 1552
Warrants of arrest, issuance for failure to

appear, 1559
Warrants of arrest, nonissuance, 1557

CIVIC CENTER
Disorderly persons, disorderly conduct
Defacement, etc., of property in civic center
prohibited, 130
Penalty, 131

CIVIL SERVICE
Fraud and deceit
Civil Service examinations, fraudulent mis-
representations when taking, unlawful,
452

CLOSING-OUT SALES
Bulk, sale of stock in, 1270
Exceptions, 1268
Fees for permits, 1269.1
Inventory of stock to be submitted to Chief of

Police, 1269
Nuisances
Fees

Closing-out sales, fees for, 2.28
Regulated, 1267

CLUBS

Amusements and entertainments
Entertainment regulations for extended-
hours premises
Private club, 1070.6
Entertainment regulations permit and li-
cense provisions
Private club, 1060.6

CLUBS OR ORGANIZATIONS WHICH ARE
NOT DISTINCTLY PRIVATE, PROHIBI-
TION AGAINST DISCRIMINATION BY
Definitions, 3300B.2
Enforcement and penalties, 3300B.5
Findings and purpose, 3300B.1

Supp. No. 6, March 2007

1637

Index

CLUBS OR ORGANIZATIONS WHICH ARE
NOT DISTINCTLY PRIVATE, PROHIBI-
TION AGAINST DISCRIMINATION BY

(Cont'd.)
Penalties, no criminal, 3300B.6
Prohibited practices: City meetings, 3300B.4
Prohibition against discrimination, 3300B.3
Severability, 3300B.7

COERCION

Conduct regulations, miscellaneous
Coercion of laborers for political purposes
prohibited, 628

COLLEGES AND UNIVERSITIES
AIDS and associated conditions
Prohibiting discrimination on basis of
Educational institutions, 3806

COLOR, DISCRIMINATION BECAUSE OF (See
DISCRIMINATION)

COLOR TIRES
Definitions, 4200A.1
Liability, strict, 4200A.2

COMMERCIAL (See BUSINESSES)

COMPUTER RENTAL BUSINESSES
Operating conditions, 750
Penalty, 752

Severability; savings clause, 753
Signage, 751

COMPUTERS
Computer rental businesses, 750 et seq.
(See COMPUTER RENTAL BUSINESSES)

CONDUCT REGULATIONS, MISCELLANEOUS

Alarm systems

False alarms. See herein that subject
Automatic calling devices

Application for permission to install, 649

Use of regulated, 648

Balloons inflated with inflammable or explo-
sive gases, use, sale or possession of, pro-
hibited, 644

CONDUCT REGULATIONS, MISCELLANEOUS

(Cont'd.)

Buildings and grounds, City and County; vio-
lations of rules and regulations relating
thereto prohibited, 635

Businesses

Firearms and weapons. See herein that sub-
ject

Coercion of laborers for political purposes pro-
hibited, 628

False alarms

Making prohibited, 639

Reward, 640

Ineligible persons, 642

Payment, 641

Publication of offer, 643

Fire, etc., telegraph systems, interference with,

prohibited, 638
Fire prevention and protection
Fire, etc., telegraph systems, interference

with, prohibited, 638
Fires, regulations to be observed at, 622
Public to remain outside lines, 623
Firearms and weapons
Ammunition sales, records of, 615

Application form and background check re-
quirements, 613.2

Darts and similar weapons, prohibiting pos-
session of and purchase by minors of, 609

Darts and similar weapons, prohibiting sale
of, to minors, 608

Definitions, 613.1
Exceptions, 614

Existing dealers, compliance by, 613.15
Fifty (50) caliber firearms and cartridges,
sale or transfer of, restricted, 613.10-1

Hearing, public, before issuance of license,
613.5

License

Conditions, 613.10

Denial, 613.3

Duration and renewal, 613.7

Form, 613.6

Supp. No. 10, July/August 2007

San Francisco - Police Code

1638

CONDUCT REGULATIONS, MISCELLANEOUS

(Cont'd.)
Hearing on license denial or revocation,

613.12
Inspect, authority to, 613.14
Liability Insurance, 613.13
Nonassignability, 613.8
Revocation, grounds for, 613.11
Sale of firearms, regulating, 613
Tax Collector, delivery to, 613.17
Temporary Suspension, 613.16
Loss or theft of firearms, reporting, 616
Penalties, 613.19

Persons Prohibited from Purchasing Fire-
arms Not Permitted on Licensees' Pre-
mises, 613.10-3
Possession or sale of firearms or ammunition
on property controlled by the City and
County of San Francisco, prohibition
against, 617
Referral of application to other departments,

613.4
Rules and regulations, 613.18
Sale of firearms, regulating, 613
Security, 613.9
Severability, 613.20

Sling shots or metal knuckles, possession of,

prohibited, 607
Sling shots or toys projecting missiles by air
or gas, sale or possession of, prohibited,
602
Ultracompact firearms, sale of, restricted,
613.10-2
Fires, regulations to be observed at, 622

Public to remain outside lines, 623
Lampposts, hydrants, etc., hitching animals to

or injuring, prohibited, 585
Licenses and permits
Firearms and weapons. See herein that sub-
ject
Lock-opening devices, prohibiting sale or pur-
chase of, 605
Misrepresentation
False alarms. See herein that subject

CONDUCT REGULATIONS, MISCELLANEOUS

(Cont'd.)
Newspapers, unauthorized removal of, prohib-
ited, 630
Refrigerator equipped with locking devices,
abandoning, prohibited, 645
Penalty, 646
Security requirements
Enforcement authority, 636.4
Exterior doors, 636.2
Firearms and weapons, 613.9
Group H occupancy buildings, 636.1
New construction, 636
Penalties, 636.3
Retroactive provisions, 636.5
Shopping carts, unauthorized removal of; no-
tice, exceptions, 647
Stealing, stolen property
Firearms and weapons

Loss or theft of firearms, reporting, 616
Newspapers, unauthorized removal of, pro-
hibited, 630
Shopping carts, unauthorized removal of;
notice, exceptions, 647
Traffic standards, damaged, to be reported to

Chief of Police, requiring, 633
Water conservation
Effective period, 603.6

Enforcement by Water Department employ-
ees, 603.4
Findings, 603

Flow restricting device, removal of, 603.2
Tampering with water meter, 603.3
Use of water, regulations in, 603.1
Violation, 603.5

CONFIDENTIALITY
Disorderly persons, disorderly conduct
Persons convicted of certain crimes required
to register in office of Chief of Police
Confidential, registration files, 259.1
CONFLICTS OF INTEREST
Employer interference with employee relation-
ships and activities, prohibition of, and
employer drug testing of employees, 3300A.4

Supp. No. 10, July/August 2007

1639

Index

CONSERVATION DECALS, LIFE AND PROP-
ERTY, DISPLAY OF

Costs of Removal, 109.22

Definitions, 109.20

Display of decals, 109.21

CONSTRUCTION (See BUILDINGS AND
BUILDING REGULATIONS)

CONTESTS BETWEEN MEN
Games of chance
Contests between men, pool selling, bookmak-
ing, betting on, prohibited, 334

CONTRACTS AND AGREEMENTS
Displaced worker protection

Existing contracts, applicability to, 3300C.5
Parades and processions
Permit
Indemnification agreement, 368
Police emergency alarm ordinance
Administrative agreements, 3710.9

CONTROLLED SUBSTANCES
Disorderly persons, disorderly conduct
Aggressive solicitation ban/ substance abuse
and mental health diversion program,
120-2

Drug free workplace ordinance, 4001 et seq.

(See DRUG FREE WORKPLACE ORDI-
NANCE)

Firearms and weapons, 3600 et seq.

(See FIREARMS AND WEAPONS)

Hypodermic needles or syringes, replica, pro-
hibiting sale or possession of, 4100 et seq.

(See HYPODERMIC NEEDLES OR SY-
RINGES, REPLICA, PROHIBITING
SALE OR POSSESSION OF)

Offensive powders, 405 et seq.

(See OFFENSIVE POWDERS)

COURTS (See MUNICIPAL COURTS)

CREED, DISCRIMINATION BECAUSE OF (See
DISCRIMINATION)

CURFEW

Minors
Curfew law, 539

CUSPIDORS

Nuisances
Rubbish, etc.

Cuspidors, etc., not to be emptied on side-
walk, 35

— D —

DAMAGE, DEFACEMENT, DESTRUCTION, IN-
JURY, ETC.

Aerosol paint containers and marker pens,
sale and display of, 4200 et seq.

(See AEROSOL PAINT CONTAINERS AND
MARKER PENS, SALE AND DISPLAY
OF)

Conduct regulations, miscellaneous
Lampposts, hydrants, etc., hitching animals
to or injuring, prohibited, 585

Traffic standards, damaged, to be reported to
Chief of Police, requiring, 633

Disorderly persons, disorderly conduct, 130
et seq.

(See DISORDERLY PERSONS, DISOR-
DERLY CONDUCT)

Firearms and weapons
Alcoholic beverage or drug, prohibiting car-
rying of firearm while under influence of,
or possession of firearm while upon pub-
lic premises selling or serving alcoholic
beverages

Proscribed firearms as nuisance; surren-
der and destruction; restoration of sto-
len firearms to owner, 3610

Garages or parking lots

Damaged automobiles, requiring repairers
and storers of, and public garages to
keep records thereof, 795
Minors

Aerosol paint, prohibition of sale of, to mi-
nors, 554

Supp. No. 10, July/August 2007

San Francisco - Police Code

1640

DAMAGE, DEFACEMENT, DESTRUCTION, IN-
JURY, ETC. (Cont'd.)

Permanent markers, sale of, to minors and
possession of permanent markers by mi-
nors without supervision or authoriza-
tion prohibited, 555

DANCES AND DANCE HALLS
Application for permit, 1024
Definitions, 1022
Filing fee, 1024.1
License fees, 1025
Masked balls, 1029
Penalty, 1027
Permit required, 1023
Regulations, 1026

DEAD HUMAN BODIES, COMMERCIAL DIS-
PLAY OF

Provisions re, 788

DECEIT (See FRAUD AND DECEIT)

DEFACEMENT (See DAMAGE, DEFACEMENT,
DESTRUCTION, INJURY, ETC.)

DEFECATION

Disorderly persons, disorderly conduct, 153

DEPARTMENTS AND OTHER AGENCIES OF
CITY

Amusements and entertainments
Entertainment regulations for extended-
hours premises
Police; inspection, 1070.14
Entertainment regulations permit and li-
cense provisions
Police — Inspection, 1060.11
Conduct regulations, miscellaneous
Water conservation
Enforcement by Water Department employ-
ees, 603.4
Horse-drawn vehicles
Animal Care and Control, Department of —
Duties, 507.a
Itinerant shows
Permit by Entertainment Commission; regu-
lations for, 1017

DEPARTMENTS AND OTHER AGENCIES OF
CITY (Cont'd.)
Miniature golf courses
Operators, permits for
Electricity, Department of, regulations by,
772
Motor vehicles for hire
All vehicles, provisions governing
Insurance policies or bond, filing, with
Police Commission, 1092

Penalties
Commission rules and regulations; viola-
tions; administrative penalties, 1187
Nuisances, 2.5 et seq.
Pedicabs
Revocation of permits by Police Department,
3911
Port area, 1612 et seq.

(See PORT AREA)
Professions and trades, miscellaneous regula-
tions for

Peddlers
Permit
Inspection by Health Department, 869.8
Shooting galleries

Inspection by Police, 1044
Street artists
Advisory Committee, compensation of, 2402
Appeals to Board of Permit Appeals, 2409
Variance Board, 2910 et seq.

DESTRUCTION (See DAMAGE, DEFACEMENT,
DESTRUCTION, INJURY, ETC.)

DICE THROWING (See GAMES OF CHANCE)

DISABILITY, DISCRIMINATION BECAUSE OF
(See DISCRIMINATION)

DISCRIMINATION (Race, religion, sex, ethnic
background, etc.)
Actions, limitation on, 3309

Supp. No. 10, July/August 2007

1641

Index

DISCRIMINATION (Race, religion, sex, ethnic
background, etc.) (Cont'd.)
Aids and associated conditions, prohibiting dis-
crimination on basis of, 3801 et seq.
See: AIDS AND ASSOCIATED CONDITIONS,
PROHIBITING DISCRIMINATION ON
BASIS OF
Association and retaliation, 3305.2
Business establishments and public accommo-
dations, 3305
Clubs or organizations which are not distinctly
private, prohibition against discrimination
by, 3300B.1 et seq.
See: CLUBS OR ORGANIZATIONS WHICH
ARE NOT DISTINCTLY PRIVATE, PRO-
HIBITION AGAINST DISCRIMINATION
BY
Definition, 3310
Employment, 3303
Enforcement, 3307
Findings, 3302

Home delivery services, 3305.1
Housing, 100 et seq.

See: HOUSING
Liability, 3306
Liability, city, limited, 3312
Penalty, criminal, 3308
Policy, 3301
Severability, 3311

DISEASE CONTROL. See: HEALTH AND SANI-
TATION

DISORDERLY PERSONS, DISORDERLY CON-
DUCT

Aggressive pursuit prohibited, 122

Penalty, 123
Aggressive solicitation ban/ substance abuse
and mental health diversion program, 120-2

Alcoholic beverages
Excluding intoxicated or disorderly patrons,

149
Intoxicating liquors prohibited upon pre-
mises of San Francisco general hospital,
132
Penalty, 133

DISORDERLY PERSONS, DISORDERLY CON-
DUCT (Cont'd.)
Automatic public toilets

Loitering prohibited, 124.2

Definitions, 124.1

Findings, 124

Warning required prior to enforcement,
124.4

Use of toilet by more than one person pro-
hibited, 124.3

Ball playing on public street prohibited, 110

Bribery of Police officers prohibited, 125

Crowds to disperse on order of Police officer,
157

Damage, defacement, destruction, injury, etc.

Defacement, etc., of property in civic center
prohibited, 130

Penalty, 131

Flags, bunting, etc., injury to, prohibited,
136

Defacement, etc., of property in civic center
prohibited, 130
Penalty, 131

Excluding intoxicated or disorderly patrons,
149

Flags, bunting, etc., injury to, prohibited, 136

House of ill fame, knowingly becoming inmate
of or contributing to support of, prohibited,
221

House of ill fame, visiting, for unlawful pur-
pose prohibited, 220

Intoxicating liquors prohibited upon premises
of San Francisco general hospital, 132

Penalty, 133
Loitering

Automatic public toilets. See herein that
subject

Officers and employees

Bribery of Police officers prohibited, 125

Crowds to disperse on order of Police officer,
157

Persons convicted of certain crimes required
to register in office of Chief of Police, 249

San Francisco - Police Code

1642

DISORDERLY PERSONS, DISORDERLY CON-
DUCT (Cont'd.)
Peddlers, canvassers and solicitors
Aggressive solicitation ban/ substance abuse
and mental health diversion program,
120-2
Prostitution
Soliciting prostitution prohibited, 225
Penalty, 226
Penalties, 124.5
Penalty, 163

Persons convicted of certain crimes required to
register in office of Chief of Police, 249

Chief of Police to photograph and fingerprint
registrant, 251

Confidential, registration files, 259.1

Conviction defined, 256

Conviction set aside not deemed conviction,
257

Driving any motor vehicle by persons con-
victed of certain crimes prohibited with-
out first registering such vehicle in office
of Chief of Police, 250

Exemption, 259.2

False statements prohibited, 254

Forty-eight hours, registration required
within, 252

Notice of change of residence required within
twenty-four hours, 253

Penalty, 258

Penalty for refusal or neglect to comply, 255
State laws, 259
Police Department
Bribery of Police officers prohibited, 125
Crowds to disperse on order of Police officer,

157
Persons convicted of certain crimes required
to register in office of Chief of Police, 249

Prostitution

Buildings, use of, for prostitution prohibited,
236

House of ill fame, knowingly becoming in-
mate of or contributing to support of,
prohibited, 221

DISORDERLY PERSONS, DISORDERLY CON-
DUCT (Cont'd.)

House of ill fame, visiting, for unlawful pur-
pose prohibited, 220

Offer or agree to commit prostitution, etc.,
unlawful to, 240

Soliciting prostitution prohibited, 225

Penalty, 226

Registration

Persons convicted of certain crimes required
to register in office of Chief of Police. See
herein that subject

Severability, 124.6

Sexual conduct

Prostitution. See herein that subject

Stadium, definition of, 148

Stalker, potential victims of, notice to, 259.3

Toilets

Automatic public toilets. See herein that
subject

Urination and defecation, 153

DISPLACED WORKER PROTECTION
Definitions, 3300C.1
Enforcement, 3300C.3

Existing contracts, applicability to, 3300C.5
Severability, 3300C.6
Successor's prior employees, 3300C.4
Transition employment period, 3300C.2

DISTRICTS

Mobile caterers

Business districts, exemption from prohibi-
tion of selling from vehicles in, 1320.10

"P" districts and open space districts on Twin
Peaks, prohibition of selling from ve-
hicles in, 1320.10.1

Pawnbrokers

Moratorium on granting of permits in Mis-
sion and Ingleside Police districts, 2825

DOCKS. See: BOATS, DOCKS AND WATER-
WAYS

1643

Index

DOG RACES
Games of chance
Dog races, bookmaking, pool buying, wagers,
bets on, prohibited, 333

DRUG FREE WORKPLACE ORDINANCE

Adoption of drug free workplace policy, 4004

Definitions, 4003

Findings, 4002

General welfare, city undertaking limited to

promotion of, 4005
Preemption, 4006
Severability, 4007
Title, 4001

DRUGS. See: CONTROLLED SUBSTANCES

DRY CLEANING SERVICES
Advertising
Dry cleaning and laundry services signs —
Prices, 667

DUMPING

Nuisances
Ark, boat, vessel, dumping, etc., prohibited,
1

— E —

EDUCATION
AIDS and associated conditions, prohibiting
discrimination on basis of
AIDS and associated conditions
Educational institutions, 3806
Taxicabs
Operations, regulations governing
Service, health and safety
Driver education, 1147.1

ELECTRIC COMPANY
Fraud and deceit
Gas or electric company, defrauding, prohib-
ited, 445
Evidence of guilt, 446

ELECTRICITY
Mechanical amusement devices
Electrical inspection costs, 1036.11

ELECTRICITY (Cont'd.)
Miniature golf courses

Operators, permits for

Electricity, Department of, regulations by,

772

Nuisances

Kite flying prohibited near high voltage lines
and broadcasting towers, 28

Open flame or electric arc unlawful — Excep-
tion, 55.1

Police emergency alarm ordinance

Back-up power supply, 3705

EMERGENCIES

Funeral procession escorts
Diversion in case of emergency, 392

Jitney buses
Emergency permits, 1154

Parades and processions

Chief of Police to divert parade around fire,
etc., 376

Police emergency alarm ordinance, 3700 et seq.
See: POLICE EMERGENCY ALARM ORDI-
NANCE

Taxicabs
Operations, regulations governing
Emergency rates for taxicabs, 1139

EMERGENCY COMMUNICATIONS, DIREC-
TOR OF

Police emergency alarm ordinance

Emergency Communications, Director of, and
Tax Collector, duties and authority of,
3712

EMERGENCY VEHICLES

Nuisances

Loudspeaker or sound amplifying equipment
outside buildings or out of doors, permits
for use of

Unnecessary noise, authorized emergency
vehicles, 49

EMPLOYEES. See: OFFICERS AND EMPLOY-
EES

San Francisco - Police Code

1644

EMPLOYER INTERFERENCE WITH EM-
PLOYEE RELATIONSHIPS AND ACTIVI-
TIES, PROHIBITION OF, AND EMPLOYER
DRUG TESTING OF EMPLOYEES
Conflicts of interest, 3300A.4
Definitions, 3300A.2

Employer interference in personal relation-
ships of employees prohibited, 3300A.3
Enforcement, 3300A.8
General welfare, city undertaking limited to

promotion of, 3300A.9
Intoxicating substances, prohibiting use of,
during working hours; discipline for being
under influence of intoxicating substances
during working hours, 3300A.7

Policy, 3300A.1

Preemption, 3300A.10

Severability, 3300A.11

Testing of employees, employer prohibited from,
3300A.5

Toxic substances, medical screening for expo-
sure to, 3300A.6

EMPLOYER'S BUS STANDS

Provisions re, 1170

Unauthorized vehicles, use prohibited by; pen-
alty, 1171

EMPLOYMENT
AIDS and associated conditions, prohibiting
discrimination on basis of
AIDS and associated conditions, 3803
Diseases or afflictions not transmitted by
casual contact, 3852
Bath houses, public
Persons under age of eighteen years, employ-
ment of, prohibited, 2618
Discrimination, 3303
Displaced worker protection, 3300C.1 et seq.

See: DISPLACED WORKER PROTECTION
Drug free workplace ordinance, 4001 et seq.
See: DRUG FREE WORKPLACE ORDI-
NANCE
Encounter studios
Persons under age of 18, employment of,
prohibited, 1072.17

EMPLOYMENT (Cont'd.)
Escort services
Persons under age of 18, employment of,
prohibited, 1074.16

Nude models in public photography studios
Persons under age of eighteen, employment
of, prohibited, 1073.12

ENCOUNTER STUDIOS

Advertising, 1072.34

Age of customer, 1072.18

Application for employee of encounter studio,

1072.7
Application for encounter studio permit, 1072.6
Applications barred for one year, 1072.14
Booths and cubicles, 1072.28
Corporate, applicants; exemption, 1072.9

Corporate permittee; maintenance of stock reg-
ister; report, 1072.10

Counseling or assisting, 1072.36

Definitions, 1072.1

Display of permit, 1072.21

Employee license, 1072.40-1

Employee permit, 1072.5

Employee permit required display, 1072.3

Entertainment, visibility from street, 1072.33

Exemptions, 1072.37 et seq.

Filing and fee provision, 1072.4

Hours of operation, 1072.29

Inspection, 1072.22

Issuance of employee permits, 1072.15

Issuance of permit for encounter studio, 1072.13

License fees, 1072.40

Lighting, 1072.26

Locked doors, 1072.35

Name and place of business change of location,
1072.20

Noise, 1072.27

Notice of hearing, 1072.11

Penalty limited suspension or revocation,

1072.43
Penalty, misdemeanor or infraction, 1072.42
Permit required, 1072.2

1645

Index

ENCOUNTER STUDIOS (Cont'd.)
Persons under age of 18, employment of, pro-
hibited, 1072.17
Prohibited activities, 1072.24
Referral of application to other departments,

1072.12
Register, daily, 1072.23
Revocation or suspension of permit, 1072.16
Sale or transfer, 1072.19
Severability, 1072.45
Signs

Continued, 1072.31

Regulated, 1072.30

Required, 1072.32
Solicitation of trade, 1072.25
Time limit for obtaining permit, 1072.44
Transfer or assignment of permit, 1072.41
Verification of application, 1072.8

ENTERTAINMENT COMMISSION
Itinerant shows
Permit by Entertainment Commission; regu-
lations for, 1017
Nuisances
Permits

Police Department or Entertainment Com-
mission, permits issued by, 2.9

Police Department or Entertainment Com-
mission, schedule of license fees for
permits issued by, 2.27

ENTERTAINMENTS (See AMUSEMENTS AND
ENTERTAINMENTS)

ENTRY

Minors
Goods, etc., minors selling, etc., in certain
places prohibited
Proprietor, etc., not to permit such minor
to enter, etc., 552

ESCORT SERVICES
Age of customer, 1074.17
Application for employee of escort service, 1074.7
Application for escort service permit, 1074.4
Applications barred for one year, 1074.13

ESCORT SERVICES (Cont'd.)

Corporate applicants; exemption, 1074.9

Corporate permittee; maintenance of stock reg-
ister; report, 1074.10

Counseling or assisting, 1074.23

Definitions, 1074.1

Employee permit, 1074.6

Employee permit required, 1074.5

Filing fee, 1074.3

Inspection, 1074.20

Issuance of employee permits, 1074.14

Issuance of permit for escort service, 1074.12

License fees, 1074.24

Name and place of business — Change of loca-
tion, 1074.19

Notice of hearing, 1074.11
Penalty; misdemeanor or infraction, 1074.26
Permit required, 1074.2

Persons under age of 18, employment of, pro-
hibited, 1074.16

Prohibited activities, 1074.22

Revocation or suspension of permit, 1074.15

Rules and regulations, 1074.28

Sale or transfer, 1074.18

Severability, 1074.29

Time limit for obtaining permit, 1074.27

Transfer or assignment of permit, 1074.25

Verification of application, 1074.8

ETHNIC BACKGROUND, DISCRIMINATION
BECAUSE OF (See DISCRIMINATION)

EXPLOSIVES

Conduct regulations, miscellaneous
Balloons inflated with inflammable or explo-
sive gases, use, sale or possession of,
prohibited, 644

F —

FAMILIES
Housing, 100 et seq.
(See HOUSING)

Supp. No. 10, July/August 2007

San Francisco - Police Code

1646

FAMILY RECREATIONAL CENTERS
Minors
Family recreation center — Special permit,
510.1

FINANCE
Charitable solicitation
Audits, 660.4-1
Financial Records, 660.11
Conservation decals, life and property, display
of
Costs of Removal, 109.22
Housing
Discrimination in housing against families
with minor children
Financial obligations, requirements of, not
prohibited, 105
Mechanical amusement devices

Electrical inspection costs, 1036.11
Taxicabs
Operations, regulations governing
Paratransit program, increased cost of,
1137.5
Unclaimed property, disposal of
Payment of costs, 1403

FIRE ESCAPES AND EXITS
Professions and trades, miscellaneous regula-
tions for, 889 et seq.
(See PROFESSIONS AND TRADES, MIS-
CELLANEOUS REGULATIONS FOR)

FIRE HYDRANTS

Conduct regulations, miscellaneous
Lampposts, hydrants, etc., hitching animals
to or injuring, prohibited, 585

FIRE PREVENTION AND PROTECTION
Conduct regulations, miscellaneous, 622 et seq.
(See CONDUCT REGULATIONS, MISCEL-
LANEOUS)
Nuisances, 55.1 et seq.

(See NUISANCES)
Parades and processions

Chief of Police to divert parade around fire,
etc., 376

FIRE PREVENTION AND PROTECTION

(Cont'd.)
Professions and trades, miscellaneous regula-
tions for, 889 et seq.

(See PROFESSIONS AND TRADES, MIS-
CELLANEOUS REGULATIONS FOR)

FIREARMS AND WEAPONS

Alcoholic beverage or drug, prohibiting carry-
ing of firearm while under influence of, or
possession of firearm while upon public
premises selling or serving alcoholic bever-
ages

Administration of tests, 3606

Authorized use of drugs, 3607

Carrying of firearms prohibited while under

influence of alcoholic beverage or drug,

3602

Chemical blood, breath, or urine tests; obli-
gation of officer to advise regarding legal
rights and consequences; confiscation of
firearm for refusal to submit to test;
hearing, 3605

Definitions, 3601

Findings, 3600

Penalty, 3609

Possession of firearms prohibited while upon
public premises selling or serving alco-
holic beverages, 3603

Presumption raised by blood alcohol level,
3604

Proscribed firearms as nuisance; surrender
and destruction; restoration of stolen fire-
arms to owner, 3610

Severability, 3611

Treatment program, participation in, not
grounds for suspending or dismissing
proceedings, 3608

Cannon, discharge of

License, 1289.1

Prohibited, 1289

Conduct regulations, miscellaneous, 602 et seq.

(See CONDUCT REGULATIONS, MISCEL-
LANEOUS)

•

Supp. No. 10, July/August 2007

1647

Index

FIREARMS AND WEAPONS (Cont'd.)
Controlled substances

Definitions, 3501

Findings, 3500

Imposition of strict liability, 3502

Saving clause; invalidity of part of article not
to affect remainder, 3503

Firearms and weapons violence prevention or-
dinance
Confiscation and disposal, 4505
Definitions, 4501

Discharge of firearms and firing of projectile
weapons, 4502

Enforcement, 4503

Exceptions, 4506

Handguns located in a residence to be kept
in a locked container or disabled with a
trigger lock, 4512

Minors, parental responsibility for, 4504

Minors, possession by, 4507

Severability, 4508

Title, 4500

Firearms, discharge of, prohibited — Fireworks,
1290

Knives, prohibiting sale or transfer of, to mi-
nors other than by parents or guardians,
except for table knives and knives cur-
rently prohibited from sale under state
law; penalties for violation of this section,
1293

Loitering while carrying concealed weapons,
prohibiting, 1291

Minors
Firearms and weapons violence prevention
ordinance
Minors, parental responsibility for, 4504
Minors, possession by, 4507

FIREARMS AND WEAPONS (Cont'd.)

Knives, prohibiting sale or transfer of, to
minors other than by parents or guard-
ians, except for table knives and knives
currently prohibited from sale under state
law; penalties for violation of this sec-
tion, 1293

Police pistol range, 1350 et seq.

(See POLICE PISTOL RANGE)

Professions and trades, miscellaneous regula-
tions for, 840 et seq.

(See PROFESSIONS AND TRADES, MIS-
CELLANEOUS REGULATIONS FOR)

Protection and security services, private

Handguns, drawing of, 1750.19

Handguns, permitting drawing of, 1750.20

Sale, manufacture and distribution of firearms
and ammunition; possession of handguns

Penalty for sale, distribution, transfer, and
manufacture of firearms and ammuni-
tion or possession of handguns Within
City and County of San Francisco, 3601A

Statement of findings and text of ordinance
prohibiting the sale, manufacture and
distribution of firearms and ammunition
in the City and County of San Francisco
and limiting the possession of handguns
in the City and County of San Francisco,
3600A

Shooting galleries, 1039 et seq.

(See SHOOTING GALLERIES)

Spring-blade, switch-blade, snap-blade knives,
or other similar type knives, prohibiting
sale, transfer, or possession of; penalty
therefor, 1292

Streets, sidewalks and other public places

FIREWORKS
Provisions re, 1290

Supp. No. 10, July/August 2007

San Francisco - Police Code

1648

FLAGS

Disorderly persons, disorderly conduct
Flags, bunting, etc., injury to, prohibited,
136

FOOD AND FOOD SERVICES

Mobile caterers, 1320 et seq.
(See MOBILE CATERERS)
Nude performers, waiters and waitresses, pro-
hibiting, 1071 et seq.
(See NUDE PERFORMERS, WAITERS AND
WAITRESSES, PROHIBITING)
Professions and trades, miscellaneous regula-
tions for
Food and drink, solicitation of purchases of,
prohibiting; declaring penalties, 973
Pushcart peddlers and pushcart operators, 1330
et seq.

(See PUSHCART PEDDLERS AND PUSH-
CART OPERATORS)

FORTUNETELLING

Advertising, 1315

Compliance with all law, ascertainment of;

inspections therefor, 1319
Deceptive acts, 1311
Definitions, 1302
Effective date, 1317
Exception, 1303
Identification cards, 1313
Information, updated, 1316
License fees, 1309
Penalty, 1319.1
Permit

Application, 1304

Grant or denial, 1305

Removal or transfer of permit or license

prohibited, 1310
Renewal of permit, 1308
Required, 1301
Suspension, revocation, or reinstatement, 1306

Tax Collector, permit forwarded to; payment
of license fees, 1307

Purpose, 1300

FORTUNETELLING (Cont'd.)
Rate schedule and complaint procedure, 1314
Receipts, 1312

Rules and regulations to be adopted, 1318
Severability clause, 1319.2

FOWL (See ANIMALS AND FOWL)

FRAUD AND DECEIT

Civil Service examinations, fraudulent misrep-
resentations when taking, unlawful, 452

Gas or electric company, defrauding, prohib-
ited, 445

Evidence of guilt, 446

Impersonation, false, prohibited, 451

Merchandise or services, false statements re-
lating to, prohibited — Penalty, 456

Retail establishments required to issue item-
ized receipts for goods purchases; penal-
ties; fines, 458

Retail stores posting refund policies; penalties,
457

Telephone company, defrauding, prohibited, 461

Evidence, 462

FUNDRAISERS

Charitable solicitation

Registration

Commercial fundraisers, registration of,
660.4-2

FUNDS
Motor vehicles for hire
All vehicles, provisions governing
Enforcement fund, 1087
Police pistol range
Police range fund, disbursements from, 1359
'Police range fund' established, 1356

FUNERAL PROCESSION ESCORTS

Authorized traffic direction activities, 391

Diversion in case of emergency, 392

Official insignia and uniform; advisory guide-
lines, 394

Penalties for violation, 395

Supp. No. 10, July/August 2007

1649

Index

FUNERAL PROCESSION ESCORTS (Cont'd.)
Permit

Appeals, 390

Denial of permit, grounds for, 389

Indemnification and insurance requirements,
388

Required; application; term, 387

Purpose, 385

Severability, 396

Traffic safety instruction program, 393

Unlawful to direct traffic without authoriza-
tion, 386

FURNITURE

Secondhand dealers
Furniture and household goods — Defined,

1281

— G —

GAMBLING

Games of chance, 260 et seq.

(See GAMES OF CHANCE)
Poker games, 3200A et seq.

(See POKER GAMES)
Shooting galleries

Betting prohibited, 1042

GAMES OF CHANCE (Gambling, pools, book-
making, betting, dice throwing, poker, slot
machines, strap game, trick of the loop, etc.)
Barricaded gambling rooms, visiting, prohib-
ited, 283

Barricaded rooms, gambling in, prohibited, 282

Contests between men, pool selling, bookmak-
ing, betting on, prohibited, 334

Dice throwing in certain cases prohibited, 277
Dog races, bookmaking, pool buying, wagers,
bets on, prohibited, 333

Horse races, betting, pool selling, pool buying

on, prohibited, 332
Immunity from prosecution, 335
Operation defined, 326
Penalty, 327

GAMES OF CHANCE (Gambling, pools, book-
making, betting, dice throwing, poker, slot
machines, strap game, trick of the loop, etc.)
(Cont'd.)
Poker games, 3200A et seq.

(See POKER GAMES)
Poker, playing, in public places prohibited, 260
Possession defined, 294

Possession of gambling implements prohib-
ited, 293
Slot machines, operation of, prohibited, 325
Strap game, trick of the loop, operation of,

prohibited, 341
Strap game, trick of the loop, prohibited, 340
Visiting gambling house prohibited, 288
Visiting pool rooms prohibited, 331

GARAGES OR PARKING LOTS

Conditions for acceptance for storage or park-
ing, 826

Damaged automobiles, requiring repairers and
storers of, and public garages to keep records
thereof, 795
Disabled motor vehicle, exception as to, 831
Doors and locks, suitable, requiring private

garages on sidewalk lines to have, 800
Doors to be latched — Exception, 801
Fixed location valet parking and special event
valet parking permits, 835
Application for permits, 835.5
Conformance with applicable laws, 838.5
Investigation, hearing and issuance of per-
mits, 836

Permittee's employees, requirements for, 838
Revocation, permit, 837

Rules and regulations; additional require-
ments, 837.5

Severability, 839
Lighting or security guard, adequate, requir-
ing private parking lots to provide, 825.1
Notice of charges to be posted, 832
Ownership of vehicle unknown, requiring keep-
ers of garages, lots and trailer parks to
report motor vehicles stored therein when,
812.1

Supp. No. 10, July/August 2007

San Francisco - Police Code

1650

GARAGES OR PARKING LOTS (Cont'd.)
Person in charge of garage or parking lot,

duties of, 825
Report motor vehicles stored therein, requir-
ing owners of private garages to, 806
Special events
Fixed location valet parking and special event
valet parking permits. See within this
subheading that subject
Valet parking
Fixed location valet parking and special event
valet parking permits. See within this
subheading that subject

GARBAGE (See SOLID WASTE)

GAS
Professions and trades, miscellaneous regula-
tions for, 959 et seq.
(See PROFESSIONS AND TRADES, MIS-
CELLANEOUS REGULATIONS FOR)

GAS COMPANIES
Fraud and deceit
Gas or electric company, defrauding, prohib-
ited, 445
Evidence of guilt, 446

GASOLINE

Advertising
Gasoline sales signs — Prices, 666

GENDER IDENTITY, DISCRIMINATION BE-
CAUSE OF (See DISCRIMINATION)

GOLF COURSES
Miniature golf courses, 770 et seq.
(See MINIATURE GOLF COURSES)

GRAFFITI

Aerosol paint containers and marker pens,
sale and display of, 4200 et seq.
(See AEROSOL PAINT CONTAINERS AND
MARKER PENS, SALE AND DISPLAY
OF)
Minors

Aerosol paint, prohibition of sale of, to mi-
nors, 554

GRAFFITI (Cont'd.)

Permanent markers, sale of, to minors and
possession of permanent markers by mi-
nors without supervision or authoriza-
tion prohibited, 555

GROCERY STORES

Grocery worker retention

Continued employment of eligible grocery
workers, 3300D.3

Definitions, 3300D.2

Exemption for collective bargaining agree-
ment, 3300D.7

No limitation of other rights and remedies,
3300D.8

Public notice of change in control, 3300D.5

Purpose, 3300D.1

Remedies for violation, 3300D.6

Severability, 3300D.9

Transition employment period, 3300D.4

Professions and trades, miscellaneous regula-
tions for, 900 et seq.

(See PROFESSIONS AND TRADES, MIS-
CELLANEOUS REGULATIONS FOR)

GUIDES
Provisions re, 1295

— H —

HANDGUNS. See: FIREARMS AND WEAPONS

HARASSMENT

Disorderly persons, disorderly conduct

Aggressive pursuit prohibited, 122

Penalty, 123

Health care facilities, access to

Harassment of individuals seeking access to
health care facilities prohibited, 4303

HAZARDS

Unclaimed property, disposal of
Hazardous property, 1409

Supp. No. 10, July/August 2007

1652.1

Index

HOUSING (Cont'd.)

Administrative remedies, 107.3

Bar, 107.5

Civil action, 107

Definition: housing accommodation, 101

Financial obligations, requirements of, not

prohibited, 105
Findings, 100
Injunctive relief, 107.2
Liability, 107.1
Occupancy standards, 103
Penalty, 106
Prohibited activity, 102
Severance clause, 108
Tenant age policy not prohibited, 104
Disorderly persons, disorderly conduct
Persons convicted of certain crimes required
to register in office of Chief of Police
Notice of change of residence required within
twenty-four hours, 253
Families

Discrimination in housing against families
with minor children. See herein that
subject

Firearms and weapons violence prevention or-
dinance
Handguns located in a residence to be kept
in a locked container or disabled with a
trigger lock, 4512
Minors
Discrimination in housing against families
with minor children. See herein that
subject
Professions and trades, miscellaneous regula-
tions for
Movers, requiring, to notify landlords, 875
Penalty, 876

Supp. No. 10, July/August 2007

[INTENTIONALLY LEFT BLANK]

•

Supp. No. 10, July/August 2007

1651

Index

HEALTH AND SANITATION
AIDS and associated conditions, prohibiting
discrimination on basis of, 3801 et seq.

(See AIDS AND ASSOCIATED CONDI-
TIONS, PROHIBITING DISCRIMINA-
TION ON BASIS OF)
Health care facilities, access to, 4301 et seq.

(See HEALTH CARE FACILITIES, ACCESS
TO)

Hypodermic needles or syringes, replica, pro-
hibiting sale or possession of, 4100 et seq.
(See HYPODERMIC NEEDLES OR SY-
RINGES, REPLICA, PROHIBITING
SALE OR POSSESSION OF)
Mobile caterers
Applications — Reference to Director of Pub-
lic Health, 1320.6

Rules and regulations by Chief of Police or
Director of Public Health, 1320.14

Motor vehicles for hire

All vehicles, provisions governing
Sanitary condition, 1099
Pedicabs

Sanitary regulations, 3912

Professions and trades, miscellaneous regula-
tions for
Peddlers
Permit
Inspection by Health Department, 869.8
Rules and Regulations by Chief of Police
or Director of Public Health, 869.16
Pushcart peddlers and pushcart operators
Applications — Reference to Director of Health,
1330.6
Taxicabs, 1147 et seq.
(See TAXICABS)

HEALTH CARE FACILITIES, ACCESS TO
Article accommodates competing rights, 4306
Definitions, 4302
Enforcement, 4304
Findings, 4301

General welfare, City undertaking limited to
promotion of, 4305

HEALTH CARE FACILITIES, ACCESS TO

(Cont'd.)
Harassment of individuals seeking access to

health care facilities prohibited, 4303
Severability, 4307

HEIGHT, DISCRIMINATION BECAUSE OF (See
DISCRIMINATION)

HELIPORTS, TEMPORARY
Application form, 3103
Automatic suspension of permit, 3107
Definitions, 3100
Fees, 3109
Filing, 3102

Forfeiture of permit fee, 3108
Government operations, exception for, 3111
Issuance of permit, 3104
Penalty, 3112

Permission to divert traffic, 3105
Permit required, 3101
Suspension or revocation of permit, 3106
Transfer of permit, 3110

HOME DELIVERY SERVICES
Discrimination, 3305.1

HORSE RACES

Games of chance

Horse races, betting, pool selling, pool buy-
ing on, prohibited, 332

HORSE-DRAWN VEHICLES

Animal Care and Control, Department of —
Duties, 507.a

Animal regulations, 507

Authority to adopt this article, 500

Authority to issue regulations, 500.1

Definitions, 501

Insurance requirements, 504

Operation, rules of, 505

Permits

Business permit, 502

Driver permits, 502.5

Exception, 500.3

Supp. No. 10, July/August 2007

San Francisco - Police Code

1652

HORSE-DRAWN VEHICLES (Cont'd.)

Expiration, suspension and revocation, 503.5
Investigation, hearing and issuance, 503
Required, 500.2
Transfer, 500.4

Punishment, 508

Severability, 509

Vehicle regulations, 506

HORSES

Games of chance
Horse races, betting, pool selling, pool buy-
ing on, prohibited, 332

Horse-drawn vehicles, 500 et seq.

(See HORSE-DRAWN VEHICLES)
Public places, regulating riding of horses in,
490

HOSPITALS
Disorderly persons, disorderly conduct
Intoxicating liquors prohibited upon pre-
mises of San Francisco General Hospital,
132
Penalty, 133
Noise, 2903

HOTELS AND MOTELS

Minors
Hotels, motels, auto courts, and furnished
apartment house keepers, requiring, to
report presence of minor, 533

Penalty, 534
Professions and trades, miscellaneous regula-
tions for, 889 et seq.
(See PROFESSIONS AND TRADES, MIS-
CELLANEOUS REGULATIONS FOR)

HOURS

Amusements and entertainments, 1070 et seq.
(See AMUSEMENTS AND ENTERTAIN-
MENTS)
Disorderly persons, disorderly conduct
Persons convicted of certain crimes required
to register in office of Chief of Police

Forty-eight hours, registration required
within, 252

HOURS (Cont'd.)

Notice of change of residence required within
twenty-four hours, 253

Employer interference with employee relation-
ships and activities, prohibition of, and
employer drug testing of employees
Intoxicating substances, prohibiting use of,
during working hours; discipline for be-
ing under influence of intoxicating sub-
stances during working hours, 3300A.7
Encounter studios

Hours of operation, 1072.29
Minors

Curfew law, 539
Noise

Construction work at night, 2908
Pawnbrokers

Hours of business, 2809
Professions and trades, miscellaneous regula-
tions for

Crushing rock, etc., within certain hours,
etc., prohibited, 964
Shooting galleries
Closing during certain hours, 1041

HOUSEHOLD GOODS
Secondhand dealers
Furniture and household goods — Defined,
1281

HOUSING
AIDS and associated conditions, prohibiting
discrimination on basis of
AIDS and associated conditions, 3804
Bath houses, public, 2600 et seq.
(See BATH HOUSES, PUBLIC)
Discrimination

Families with minor children, discrimina-
tion in housing against. See herein: Dis-
crimination in Housing Against Families
with Minor Children

Provisions re, 3304
Discrimination in housing against families with
minor children
Actions, limitation on, 107.4

•

Supp. No. 10, July/August 2007

1651

Index

HEALTH AND SANITATION (Cont'd.)
Pushcart peddlers and pushcart operators
Applications — Reference to Director of Health,
1330.6
Taxicabs, 1147 et seq.
See: TAXICABS

HEALTH CARE FACILITIES, ACCESS TO

Article accommodates competing rights, 4306

Definitions, 4302

Enforcement, 4304

Findings, 4301

General welfare, city undertaking limited to

promotion of, 4305
Harassment of individuals seeking access to

health care facilities prohibited, 4303
Severability, 4307

HEIGHT, DISCRIMINATION BECAUSE OF. See:
DISCRIMINATION

HELIPORTS, TEMPORARY
Application form, 3103
Automatic suspension of permit, 3107
Definitions, 3100
Fees, 3109
Filing, 3102

Forfeiture of permit fee, 3108
Government operations, exception for, 3111
Issuance of permit, 3104
Penalty, 3112

Permission to divert traffic, 3105
Permit required, 3101
Suspension or revocation of permit, 3106
Transfer of permit, 3110

HOME DELIVERY SERVICES
Discrimination, 3305.1

HORSE RACES
Games of chance
Horse races, betting, pool selling, pool buy-
ing on, prohibited, 332

HORSE-DRAWN VEHICLES
Animal Care and Control, Department of —
Duties, 507.a

HORSE-DRAWN VEHICLES (Cont'd.)
Animal regulations, 507
Authority to adopt this article, 500
Authority to issue regulations, 500.1
Definitions, 501
Insurance requirements, 504
Operation, rules of, 505
Permits

Business permit, 502

Driver permits, 502.5

Exception, 500.3

Expiration, suspension and revocation, 503.5

Investigation, hearing and issuance, 503

Required, 500.2

Transfer, 500.4
Punishment, 508
Severability, 509
Vehicle regulations, 506

HORSES
Games of chance
Horse races, betting, pool selling, pool buy-
ing on, prohibited, 332
Horse-drawn vehicles, 500 et seq.

See: HORSE-DRAWN VEHICLES
Public places, regulating riding of horses in,
490

HOSPITALS
Disorderly persons, disorderly conduct
Intoxicating liquors prohibited upon pre-
mises of San Francisco General Hospital,
132
Penalty, 133
Noise, 2903

HOTELS AND MOTELS
Minors
Hotels, motels, auto courts, and furnished
apartment house keepers, requiring, to
report presence of minor, 533
Penalty, 534
Professions and trades, miscellaneous regula-
tions for, 889 et seq.

See: PROFESSIONS AND TRADES, MIS-
CELLANEOUS REGULATIONS FOR

San Francisco - Police Code

1652

HOURS

Amusements and entertainments, 1070 et seq.

See: AMUSEMENTS AND ENTERTAIN-
MENTS
Disorderly persons, disorderly conduct

Persons convicted of certain crimes required
to register in office of Chief of Police

Forty-eight hours, registration required
within, 252

Notice of change of residence required within
twenty-four hours, 253

Employer interference with employee relation-
ships and activities, prohibition of, and
employer drug testing of employees

Intoxicating substances, prohibiting use of,
during working hours; discipline for be-
ing under influence of intoxicating sub-
stances during working hours, 3300A.7
Encounter studios

Hours of operation, 1072.29
Minors

Curfew law, 539
Noise

Construction work at night, 2908
Pawnbrokers

Hours of business, 2809
Professions and trades, miscellaneous regula-
tions for
Crushing rock, etc., within certain hours,
etc., prohibited, 964
Shooting galleries
Closing during certain hours, 1041

HOUSEHOLD GOODS

Secondhand dealers
Furniture and household goods — Defined,
1281

HOUSING
AIDS and associated conditions, prohibiting
discrimination on basis of
AIDS and associated conditions, 3804
Bath houses, public, 2600 et seq.
See: BATH HOUSES, PUBLIC

HOUSING (Cont'd.)
Discrimination

Families with minor children, discrimina-
tion in housing against. See herein: Dis-
crimination in Housing Against Families
with Minor Children

Provisions re, 3304

Discrimination in housing against families with
minor children

Actions, limitation on, 107.4

Administrative remedies, 107.3

Bar, 107.5

Civil action, 107

Definition: housing accommodation, 101

Financial obligations, requirements of, not
prohibited, 105

Findings, 100

Injunctive relief, 107.2

Liability, 107.1

Occupancy standards, 103

Penalty, 106

Prohibited activity, 102

Severance clause, 108

Tenant age policy not prohibited, 104

Disorderly persons, disorderly conduct

Persons convicted of certain crimes required
to register in office of Chief of Police

Notice of change of residence required within
twenty-four hours, 253

Families

Discrimination in housing against families
with minor children. See herein that
subject

Minors

Discrimination in housing against families
with minor children. See herein that
subject

Professions and trades, miscellaneous regula-
tions for

Movers, requiring, to notify landlords, 875

Penalty, 876

•

1653

Index

HOUSING (Cont'd.)
Rental increases, temporary moratorium on,
rent rollback based upon April 15, 1979,
rental rates and refunding any rent in-
creases
Definitions, 109.2
Extension, 109.7

Moratorium and rollback provisions, 109.3
Purpose, 109.1

Refusal of tenant to pay rent increase, 109.5
Severability, 109.6
Violation of ordinance, 109.4
Traffic and vehicles, 96 et seq.
See: TRAFFIC AND VEHICLES

HYDROFLUORIC ACID, SALE AND DISPLAY
OF PRODUCTS CONTAINING

Definitions, 4200D.1

Penalty, 4200D.4

Sale of regulated products, 4200D.3

Storage and display of regulated products,
4200D.2

HYPODERMIC NEEDLES OR SYRINGES, REP-
LICA, PROHIBITING SALE OR POSSES-
SION OF

Enforcement, 4103

Findings, 4100

Possession of replica hypodermic needles or

syringes, 4102
Prohibition of sale of replica hypodermic needles

or syringes, 4101

— I —

ICEBOXES. See: REFRIGERATORS, ICEBOXES,
ETC.

IDENTIFICATION
Charitable solicitation
Certificate of registration and identification
cards nontransferable — Return upon ex-
piration, 660.6
Solicitors' identification cards and lists of
solicitors, 660.8

IDENTIFICATION (Cont'd.)
Disorderly persons, disorderly conduct

Persons convicted of certain crimes required
to register in office of Chief of Police
Chief of Police to photograph and finger-
print registrant, 251
Fortunetelling

Identification cards, 1313
Funeral procession escorts
Official insignia and uniform; advisory guide-
lines, 394
Mobile caterers, 1320.9 et seq.

See: MOBILE CATERERS
Nuisances, 2.20 et seq.

See: NUISANCES
Pedicabs
License, plate, identification card and
operator's badge, 3908
Photographic solicitors

Badge, 3426
Professions and trades, miscellaneous regula-
tions for, 869.15 et seq.
See: PROFESSIONS AND TRADES, MIS-
CELLANEOUS REGULATIONS FOR
Protection and security services, private
Identification card, issuance of, 1750.9
Pushcart peddlers and pushcart operators

Decal and display, 1330.14
Sightseeing and interurban buses

Name on vehicle, 1156
Street photographer

Badge, issuance of, 3416
Traffic and vehicles
Tires without identification marks, pur-
chase, sale, possession of, prohibited, 822

IMPORT AND EXPORT
Mercury thermometers
Importation prohibited, 4200B.4

INDECENCY AND OBSCENITY
Disorderly persons, disorderly conduct
House of ill fame, knowingly becoming in-
mate of or contributing to support of,
prohibited, 221

San Francisco - Police Code

1654

INDECENCY AND OBSCENITY (Cont'd.)

House of ill fame, visiting, for unlawful pur-
pose prohibited, 220

INDEMNIFICATION

Funeral procession escorts
Permit
Indemnification and insurance require-
ments, 388
Parades and processions
Permit
Indemnification agreement, 368

INJUNCTIONS. See: WRITS, WARRANTS AND
OTHER PROCESSES

INJURY. See: DAMAGE, DEFACEMENT, DE-
STRUCTION, INJURY, ETC.

INSPECTIONS

Advertising

Licenses, 991
Amusements and entertainments, 1049 et seq.
See: AMUSEMENTS AND ENTERTAIN-
MENTS
Bath houses, public, 2625
Bingo games

Police — Inspection, 3211
Conduct regulations, miscellaneous
Firearms and weapons
License
Inspect, authority to, 613.14
Encounter studios, 1072.22
Escort services, 1074.20
Fortunetelling
Compliance with all law, ascertainment of;
inspections therefor, 1319
Limousines

Inspection of limousine waybills, 1165
Mechanical amusement devices
Compliance with all laws, etc., ascertain-
ment of — Inspection therefor, 1036.21
Electrical inspection costs, 1036.11
Mobile caterers
Vehicles
Inspection, annual, 1320.13

INSPECTIONS (Cont'd.)
Motor vehicles for hire
All vehicles, provisions governing
Brake inspection, 1100
Nude models in public photography studios,

1073.16
Pawnbrokers

Blanks, delivery of — Filing reports — Open to
inspection, 2812
Poker games

Access — inspection, 3210A
Professions and trades, miscellaneous regula-
tions for
Peddlers
Permit
Inspection by Health Department, 869.8
Pushcart peddlers and pushcart operators,

1330.13
Shooting galleries

Inspection by Police, 1044
Tow car firms, permits for
Inspection of vehicles, 3059

INSURANCE

Conduct regulations, miscellaneous
Firearms and weapons
License
Liability Insurance, 613.13
Funeral procession escorts
Permit
Indemnification and insurance require-
ments, 388
Horse-drawn vehicles

Insurance requirements, 504
Motor vehicles for hire, 1091 et seq.

See: MOTOR VEHICLES FOR HIRE
Pedicabs

Insurance requirements, 3905
Police pistol range, 1362
Protection and security services, private

Insurance coverage, 1750.14
Tow car firms, permits for
Insurance, submission of proof of, and other
information, 3058

1655

Index

INTELLIGENCE OFFICES
Advertising
Intelligence office, display of bulletin board
of, near street prohibited, 708

INTERFERENCE
Conduct regulations, miscellaneous

Fire, etc., telegraph systems, interference
with, prohibited, 638
Parades and processions
Interfere with such event, unlawful to, 374

Interference with city property prohibited,
377

INTOXICATING BEVERAGES, INTOXICATION
(See ALCOHOLIC BEVERAGES)

INVENTORY

Closing-out sales

Inventory of stock to be submitted to Chief of
Police, 1269

INVESTIGATIONS
Garages or parking lots
Fixed location valet parking and special event
valet parking permits

Investigation, hearing and issuance of per-
mits, 836
Horse-drawn vehicles
Permits
Investigation, hearing and issuance, 503
Mechanical amusement devices, 1036.5
Nuisances

Investigation by Police Department, 2.5
Photographic solicitors
Application for street permit — Investigation —

Issuance of permit, 3423
Investigation of application of principal —
Issuance of permit, 3422

Public outcry, sales by

Investigation by Chief of Police, 1202
Street photographer

Investigation of application of principal of
permit, 3412

INVESTIGATIONS (Cont'd.)
Tow car drivers, permits for
Investigation, hearing and issuance of per-
mit, 3004
Tow car firms, permits for

Investigation, hearing and issuance of per-
mit, 3054

ITINERANT SHOWS

Defined, 1016

Exemption, nonprofit organization, 1017.2

Filing fee, 1017.1

License tax on, imposing, 1015

Passenger carrying devices permit and license
regulations, 1018

Permit by Entertainment Commission; regula-
tions for, 1017

— J —

JEWELRY
Hypodermic needles or syringes, replica, pro-
hibiting sale or possession of, 4100 et seq.
(See HYPODERMIC NEEDLES OR SY-
RINGES, REPLICA, PROHIBITING
SALE OR POSSESSION OF)

JITNEY BUSES
Emergency permits, 1154
Permits, 1150
Rates and fares, 1152
Routes, approval of, required, 1151
Suspension of operation, 1153

JUNK DEALERS
Computation of time, 974.20
Definitions, 974.1

Holding period exemption, 974.15 et seq.
License fees, 974.23
Operation, 974.14-1
Penalty, 974.21
Permit

Application, 974.3

Contents of application, 974.4

Corporate applicants, 974.5

Issuance, 974.10-1

Supp. No. 1, September 2006

San Francisco - Police Code

1656

JUNK DEALERS (Cont'd.)

Name and place of business — Change of lo-
cation, 974.12

Notice of hearing, 974.8

Partnership applicants, 974.6

Referral of applications to other depart-
ments, 974.9

Required, 974.2

Review, annual, 974.10-2

Suspension, limit on, 974.22

Suspension or revocation of permit, 974.11

Transfer of permit, 974.13

Verification of application, 974.7
Prohibitions on particular purchases, 974.14-2
Severability, 974.25

JUNK GATHERERS

Professions and trades, miscellaneous regula-
tions for, 895 et seq.

(See PROFESSIONS AND TRADES, MIS-
CELLANEOUS REGULATIONS FOR)

JUVENILES (See MINORS) 'KER CHEW POW-
DERS (See OFFENSIVE POWDERS)

— K —

KITES
Advertising
Licenses
Balloon and kite advertising, 989
Nuisances
Kite flying prohibited near high voltage lines
and broadcasting towers, 28 'KNOCK-
OUT DROPS.' (See OFFENSIVE POW-
DERS)

LASER POINTERS
Definitions, 4800

Directing laser beam into moving vehicle or
onto another person prohibited, 4805

Disclaimer, 4807

Minors, sale of laser pointers to, prohibited,
4802

LASER POINTERS (Cont'd.)
Minors, use of laser pointers by, prohibited,

4803
Movie theaters and public events, possession

of laser pointers at, prohibited, 4804
Penalty, 4806
Severability, 4808
Storage and display of laser pointers, 4801

LAUNDRY SERVICES
Advertising
Dry cleaning and laundry services signs —
Prices, 667

LEASES, LEASING

Motor vehicles for hire
All vehicles, provisions governing

Privilege; nontransferability of permits; no-
tice re death of permittee; lease of
permit prohibited after permittee's
death, 1084

Rental vehicles
Businesses of renting or leasing motor ve-
hicles and/or trailers for period of 60
days or less without driver or operator,
1175
Taxicabs
Operations, regulations governing

Lease fees, 1135.2
Permits
Lease of taxicab permit, 1124

LEGAL ACTIONS, LEGAL PROCEEDINGS (See
SUITS, ACTIONS AND OTHER PROCEED-
INGS)

LEGAL PROCESSES (See WRITS, WARRANTS
AND OTHER PROCESSES)

LIABILITY

AIDS and associated conditions, prohibiting
discrimination on basis of
AIDS and associated conditions, 3810
Diseases or afflictions not transmitted by
casual contact, 3855

Supp. No. 1, September 2006

1657

Index

LIABILITY (Cont'd.)
Color tires

Liability, strict, 4200A.2
Conduct regulations, miscellaneous
Firearms and weapons
License
Liability Insurance, 613.13
Discrimination
City liability limited, 3312
Provisions re, 3306
Firearm strict liability act, 3500 et seq.

See: FIREARMS AND WEAPONS
Housing
Discrimination in housing against families
with minor children, 107.1
Laser pointers

Disclaimer, 4807
Police emergency alarm ordinance

Liability for fee, 3710.4
Taxicabs
Operations, regulations governing
Service, health and safety
Liability, limitation of, 1147.5
Tobacco products, prohibiting self-service mer-
chandising of, except in places to which
minors have no access
Disclaimers, 4600.7

LIBRARIES
Minors
Books, regulating issuance of, to minors by
circulating libraries, 515
Exceptions, 516

LICENSES AND PERMITS
Adult theaters and adult bookstores permit
and license provisions, 791 et seq.
See: ADULT THEATERS AND ADULT
BOOKSTORES PERMIT AND LICENSE
PROVISIONS
Advertising, 989 et seq.
See: ADVERTISING
Amusement parks, 1031 et seq.
See: AMUSEMENT PARKS

LICENSES AND PERMITS (Cont'd.)
Amusements and entertainments, 1015 et seq.

See: AMUSEMENTS AND ENTERTAIN-
MENTS
Automobile wreckers, 1239

Filing fees, 1239.1

License, 1239.2
Ball or ring throwing games, 1021
Bath houses, public, 2600 et seq.

See: BATH HOUSES, PUBLIC
Billiard and pool tables, 1037 et seq.

See: BILLIARDS AND BILLIARD PAR-
LORS
Bingo games, 3200 et seq.

See: BINGO GAMES
Cannon, discharge of

License, 1289.1

Prohibited, 1289
Circuses, 1019 et seq.

See: CIRCUSES
Closing-out sales, 1267 et seq.

See: CLOSING-OUT SALES
Conduct regulations, miscellaneous, 613

See: CONDUCT REGULATIONS, MISCEL-
LANEOUS
Dances and dance halls, 1022 et seq.

See: DANCES AND DANCE HALLS
Encounter studios, 1072.1 et seq.

See: ENCOUNTER STUDIOS
Escort services, 1074.1 et seq.

See: ESCORT SERVICES
Firearms and weapons, 1289 et seq.

See: FIREARMS AND WEAPONS
Fortunetelling, 1300 et seq.

See: FORTUNETELLING
Funeral procession escorts, 387 et seq.

See: FUNERAL PROCESSION ESCORTS
Guides, 1295
Heliports, temporary, 3100 et seq.

See: HELIPORTS, TEMPORARY
Horse-drawn vehicles, 500.2 et seq.

See: HORSE-DRAWN VEHICLES

San Francisco - Police Code

1658

LICENSES AND PERMITS (Cont'd.)
Itinerant shows, 1016 et seq.

See: ITINERANT SHOWS

Jitney buses

Emergency permits, 1154

Permits, 1150
Junk dealers, 974.1 et seq.

See: JUNK DEALERS
Liquor license conditions, 1298
Masked balls, 1029
Mechanical amusement devices, 1036 et seq.

See: MECHANICAL AMUSEMENT DE-
VICES
Mechanical contrivances and other amuse-
ments, 1045 et seq.

See: MECHANICAL CONTRIVANCES AND
OTHER AMUSEMENTS
Miniature golf courses, 770 et seq.
See: MINIATURE GOLF COURSES

Minors

Family recreation center — Special permit,
510.1

Mobile caterers, 1320 et seq.

See: MOBILE CATERERS
Motor vehicles for hire, 1075 et seq.

See: MOTOR VEHICLES FOR HIRE
Nude models in public photography studios,
1073.1 et seq.

See: NUDE MODELS IN PUBLIC PHOTOG-
RAPHY STUDIOS

Nuisances, 2 et seq.

See: NUISANCES
Parades and processions, 367 et seq.

See: PARADES AND PROCESSIONS
Pawnbrokers, 2800 et seq.

See: PAWNBROKERS
Pedicabs, 3901 et seq.

See: PEDICABS
Photographers, 3400 et seq.

See: PHOTOGRAPHERS
Photographic solicitors, 3420 et seq.

See: PHOTOGRAPHIC SOLICITORS

LICENSES AND PERMITS (Cont'd.)
Poker games, 3200A et seq.

See: POKER GAMES

Police emergency alarm ordinance, 3707 et seq.

See: POLICE EMERGENCY ALARM ORDI-
NANCE

Professions and trades, miscellaneous regula-
tions for, 869 et seq.

See: PROFESSIONS AND TRADES, MIS-
CELLANEOUS REGULATIONS FOR

Public outcry, sales by, 1200 et seq.

See: PUBLIC OUTCRY, SALES BY
Pushcart peddlers and pushcart operators, 1330
et seq.

See: PUSHCART PEDDLERS AND PUSH-
CART OPERATORS

Ramped taxis, 1148 et seq.

See: RAMPED TAXIS
Recreational equipment vendors, 1050 et seq.

See: RECREATIONAL EQUIPMENT VEN-
DORS
Rental vehicles, 1177 et seq.

See: RENTAL VEHICLES
Rodeo exhibitions and shows, 1020

Second-hand automobiles or automobile acces-
sories, dealers in, 1235 et seq.
See: SECOND-HAND AUTOMOBILES OR
AUTOMOBILE ACCESSORIES, DEAL-
ERS IN

Secondhand dealers, 1276 et seq.

See: SECONDHAND DEALERS
Shooting galleries, 1039 et seq.

See: SHOOTING GALLERIES
Sightseeing and interurban buses

Permits, 1155

Temporary sightseeing bus permits, 1157
Street artists

Appeals to Board of Permit Appeals, 2409
Street photographer, 3410 et seq.

See: STREET PHOTOGRAPHER
Taxicabs, 1120 et seq.

See: TAXICABS

1659

Index

LICENSES AND PERMITS (Cont'd.)
Tow car drivers, permits for, 3000 et seq.

See: TOW CAR DRIVERS, PERMITS FOR
Tow car firms, permits for, 3050 et seq.
See: TOW CAR FIRMS, PERMITS FOR

LIENS

Port area
Lien for charges; possession of goods to se-
cure payment, 1601

Penalty for noncompliance; removal and stor-
age; lien, 1608

LIGHTING, LIGHTS
Amusements and entertainments
Entertainment regulations for extended-
hours premises, 1070.11
Entertainment regulations permit and li-
cense provisions, 1060.8

Encounter studios, 1072.26
Garages or parking lots
Lighting or security guard, adequate, requir-
ing private parking lots to provide, 825.1
Nude models in public photography studios,
1073.21

Professions and trades, miscellaneous regula-
tions for, 889 et seq.

See: PROFESSIONS AND TRADES, MIS-
CELLANEOUS REGULATIONS FOR

LIMOUSINES
Inspection of limousine waybills, 1165
Union square stands, 1166

LIQUOR. See: ALCOHOLIC BEVERAGES

LITTERING

Nuisances, 33 et seq.
See: NUISANCES

LOADING AND UNLOADING

Motor vehicles for hire

All vehicles, provisions governing
Loading regulated, 1102
Pedicabs

Loading required, 3914

LOCK-OPENING DEVICES

Conduct regulations, miscellaneous

Lock-opening devices, prohibiting sale or pur-
chase of, 605

LOITERING

Disorderly persons, disorderly conduct, 124
et seq.

See: DISORDERLY PERSONS, DISOR-
DERLY CONDUCT

Professions and trades, miscellaneous regula-
tions for

Hotels and motels

Public rooms

Loitering in public rooms prohibited, 912

LOUD NOISE. See: NOISE

LOUDSPEAKERS

Nuisances, 43 et seq.
See: NUISANCES

LUMBER

Nuisances
Lumber and timber, piling of, regulated, 69

-M —

MAGAZINE SUBSCRIPTIONS

Professions and trades, miscellaneous regula-
tions for

Magazine subscriptions, etc., soliciting upon
streets of, prohibited, 955

MANUFACTURED HOMES AND MANUFAC-
TURED HOME PARKS

Garages or parking lots
Ownership of vehicle unknown, requiring
keepers of garages, lots and trailer parks
to report motor vehicles stored therein
when, 812.1

Rental vehicles

Businesses of renting or leasing motor ve-
hicles and/or trailers for period of 60
days or less without driver or operator,
1175

San Francisco - Police Code

1660

MANUFACTURING
Mercury thermometers
Manufacturing prohibited, 4200B.3

MARKER PENS. See: AEROSOL PAINT CON-
TAINERS AND MARKER PENS, SALE AND
DISPLAY OF

MASKED BALLS

Provisions re, 1029

MEASURES. See: WEIGHTS AND MEASURES

MECHANICAL AMUSEMENT DEVICES

Accessory uses — Operating standards, 1036.33
Application for permit, 1036.3
Arcade location; limitation, 1036.31-1
Arcades — Operating standards, 1036.32
Billiard and pool tables excepted, 1036.29
Certain mechanical amusement devices prohib-
ited, 1036.8
Compliance with all laws, etc., ascertainment
of — Inspection therefor, 1036.21

Contents of licenses, 1036.12

Definitions, 1036

Disapproval of application — Conditions cor-
rected — Approval, 1036.6

Electrical inspection costs, 1036.11

Exception to requirements, 1036.34

Exemption, 1036.35

Investigations, 1036.5

Issuance or denial of permit, 1036.7

License fee, no prorating or refunding of, 1036.15

License fee paid by owner or operator, 1036.16

License fees, 1036.10

Location, 1036.31

Machines excepted from provision hereof,
1036.23

Notice of hearing, 1036.4

Nuisance, public, when deemed — Procedure
thereon, 1036.22

Penalties, 1036.24

Permit and license required notwithstanding
any other provision of Code, 1036.25

Posting license in premises, 1036.13

Procedure where no current license, 1036.18

MECHANICAL AMUSEMENT DEVICES

(Cont'd.)

Purpose and findings, 1036.30

Removal or transfer of license to other pre-
mises prohibited, 1036.14

Renewal of license, 1036. 17

Repeal, partial, 1036.26

Requirements for machines, 1036.1

Rules and regulations to be adopted, 1036.20

Saving clause — Nonwaiver of debts due and
unpaid, 1036.28

Suspension, revocation or reinstatement of per-
mit, procedure for, 1036.19

Tax Collector, permit forwarded to, license
fees, 1036.9

Unlawful acts — Exceptions, 1036.2

MECHANICAL CONTRIVANCES AND OTHER
AMUSEMENTS
Application and posting, 1045.3
Exceptions, 1045.4
Filing fee, 1045.1
License, 1045.2
Provisions re, 1045

MEDICAL SERVICES
Professions and trades, miscellaneous regula-
tions for, 857 et seq.
See: PROFESSIONS AND TRADES, MIS-
CELLANEOUS REGULATIONS FOR

MENTAL HEALTH DIVERSION PROGRAM

Disorderly persons, disorderly conduct

Aggressive solicitation ban/ substance abuse
and mental health diversion program,
120-2

MERCURY THERMOMETERS

Businesses
Importation prohibited, 4200B.4
Manufacturing prohibited, 4200B.3
Retail sale prohibited, 4200B.2

Definitions, 4200B.1

Importation prohibited, 4200B.4

Manufacturing prohibited, 4200B.3

Penalty, 4200B.5

1661

Index

MERCURY THERMOMETERS (Cont'd.)
Retail sale prohibited, 4200B.2

MILITARY

Street artists
Certificate
Veterans, priority to, 2404.3

MINIATURE GOLF COURSES

Operators, permits for, 770
Closing time, 775
Construction permit, 779

Electricity, Department of, regulations by,

772

Filing fee, 770.1
License fee, 778

'Miniature golf course' defined, 771
Operation of miniature golf course, regula-
tions for, 773

Penalty, 781

Posting, 780

Radio regulations, 777

Revocation of permit, 774

MINORS (Juveniles, children, etc.)

Aerosol paint, prohibition of sale of, to minors,
554

Amusements and entertainments

Entertainment regulations for extended-
hours premises, 1070.16

Entertainment regulations permit and li-
cense provisions, 1060.13

Barrooms, billiard parlors, etc., minors fre-
quenting, prohibited, 510

Bath houses, public
Persons under age of eighteen years, employ-
ment of, prohibited, 2618
Books, regulating issuance of, to minors by
circulating libraries, 515

Exceptions, 516
Businesses

Goods, etc., minors selling, etc., in certain
places prohibited. See herein that sub-
ject

MINORS (Juveniles, children, etc.) (Cont'd.)
Conduct regulations, miscellaneous

Firearms and weapons

Darts and similar weapons, prohibiting
possession of and purchase by minors
of, 609
Darts and similar weapons, prohibiting
sale of, to minors, 608
Curfew law, 539
Encounter studios
Age of customer, 1072.18

Persons under age of 18, employment of,
prohibited, 1072.17

Escort services

Age of customer, 1074.17

Persons under age of 18, employment of,
prohibited, 1074.16

Family recreation center — Special permit, 510.1

Firearms and weapons, 1293 et seq.

(See FIREARMS AND WEAPONS)

Goods, etc., minors selling, etc., in certain
places prohibited, 551
Exception, 553

Proprietor, etc., not to permit such minor to
enter, etc., 552

Hotels, motels, auto courts, and furnished apart-
ment house keepers, requiring, to report
presence of minor, 533
Penalty, 534
Housing, 100 et seq.

(See HOUSING)
Laser pointers

Minors, sale of laser pointers to, prohibited,
4802

Minors, use of laser pointers by, prohibited,
4803

Moving vehicles, minors under 16 years get-
ting on or off, prohibited, 527

Penalty, 528

Nude models in public photography studios

Persons under age of eighteen, employment
of, prohibited, 1073.12

Supp. No. 6, March 2007

San Francisco - Polic Code

1662

MINORS (Juveniles, children, etc.) (Cont'd.)
Permanent markers, sale of, to minors and
possession of permanent markers by mi-
nors without supervision or authorization
prohibited, 555
Street artists

Age eligibility, 2403
Tobacco products, prohibiting self-service mer-
chandising of, except in places to which
minors have no access, 4600 et seq.
(See TOBACCO PRODUCTS, PROHIBIT-
ING SELF-SERVICE MERCHANDIS-
ING OF, EXCEPT IN PLACES TO
WHICH MINORS HAVE NO ACCESS)

MISREPRESENTATION
Conduct regulations, miscellaneous, 639 et seq.
(See CONDUCT REGULATIONS, MISCEL-
LANEOUS)
Disorderly persons, disorderly conduct
Persons convicted of certain crimes required
to register in office of Chief of Police
False statements prohibited, 254
Encounter studios

Prohibited activities, 1072.24
Escort services

Prohibited activities, 1074.22
Fortunetelling

Deceptive acts, 1311
Fraud and deceit, 445 et seq.

(See FRAUD AND DECEIT)
Motor vehicles for hire
All vehicles, provisions governing
False statements prohibited, 1110
Police emergency alarm ordinance
False alarms, prohibition against alarm sys-
tems which emit, 3706
License required; application; fee; false state-
ments; transferability, 3707
Professions and trades, miscellaneous regula-
tions for
Hotels and motels
Fictitious names, registering for lodging
accommodations under, prohibited, 920
Penalty, 921

MISREPRESENTATION (Cont'd.)
Protection and security services, private
Official Police or sheriff titles and similar
subterfuges, use of, 1750.11

MOBILE CATERERS

Application form, 1320.3
Applications — Reference to Director of Public
Health, 1320.6

Assistant mobile catering operator, employ-
ment of, 1320.11
Business districts, exemption from prohibition

of selling from vehicles in, 1320.10
Corporate applicants; exemption, 1320.4
Definitions, 1320
Filing and fee provision, 1320.2
Forfeiture of license fee, 1320.21
Identification
Card, 1320.15
Vehicles
Decal and display thereof, 1320.16
Provisions re, 1320.9
Issuance of permit, 1320.8
License fees, 1320.19

Lunch service labeling requirement, 1320.12
Notice of hearing, 1320.7
Officers and employees
Applications — Reference to Director of Pub-
lic Health, 1320.6
Route approval by Chief of Police, 1320.17
Rules and regulations by Chief of Police or
Director of Public Health, 1320.14
'P' districts and open space districts on Twin
Peaks, prohibition of selling from vehicles
in, 1320.10.1
Penalty, 1320.23

Permit; limit one to family, 1320.5
Permit required, 1320.1
Prohibition against selling within 1,500 feet of

a public school, 1320.10.2
Route approval by Chief of Police, 1320.17

Supp. No. 6, March 2007

1662.1 Index

MOBILE CATERERS (Cont'd.)
Rules and regulations by Chief of Police or

Director of Public Health, 1320.14
Severability, 1320.24
Suspension and revocation of permit, 1320.18

Supp. No. 6, March 2007

[INTENTIONALLY LEFT BLANK]

Supp. No. 6, March 2007

1663

Index

MOBILE CATERERS (Cont'd.)
Time limit for filing application for permit —
Nonretroactive application to existing per-
mit, 1320.22
Transfer of permit, 1320.20
Vehicles
Decal and display thereof, 1320.16
Identification, 1320.9
Inspection, annual, 1320.13

MOBILE HOMES AND MOBILE HOME PARKS
(See MANUFACTURED HOMES AND
MANUFACTURED HOME PARKS)

MODEL VEHICLES, POWERED
Noise, 2914

MODELING STUDIOS

Nude models in public photography studios,
1073.1 et seq.
(See NUDE MODELS IN PUBLIC PHOTOG-
RAPHY STUDIOS)

MOTELS (See HOTELS AND MOTELS)

MOTION PICTURE THEATERS (See THE-
ATERS)

MOTOR COACHES

Nuisances
Tobacco and tobacco products
Street cars, cable cars, motor coaches and
trolley coaches, smoking in enclosed
section of, prohibited, 51
Penalty, 52

MOTOR VEHICLES (See TRAFFIC AND VE-
HICLES)

MOTOR VEHICLES FOR HIRE
All vehicles, provisions governing
Administration of this article; authority to

issue regulations, 1077
Applications, permit, 1080
Bond, filing, with Police Commission, 1092
Brake inspection, 1100
Continuous operation required, 1096
Definitions, 1076
Drivers permits, 1089

MOTOR VEHICLES FOR HIRE (Cont'd.)

Driving recklessly or under influence of in-
toxicants prohibited, 1101

Driving requirements for designated taxi com-
pany key personnel, 1081.5

Duration of licenses, etc.; existing permits,
1086

Enforcement fund, 1087
Factors considered in issuing permits; driv-
ing requirements, 1081
False statements prohibited, 1110
Fees, permit, 1085

Information to be filed with Chief of Police,
1095

Insurance

Filing insurance policies or bond with Po-
lice Commission, 1092

New policy to be furnished, 1093

Required, 1091

Self-insurers, provisions for, 1094

Insurance required, 1091

Issuance of permits; applications; hearings,

1079
Loading regulated, 1102
Lost property, reports of, 1107
Medallions, 1088

Natural persons, only, licensed; one permit
per person; individual permittees only;
exceptions, 1082

New policy to be furnished, 1093

Operation of motor vehicles for hire, permit
required for; exclusions, 1078

Policy, declaration of, 1075

Privilege; nontransferability of permits; no-
tice re death of permittee; lease of permit
prohibited after permittee's death, 1084

Public stands, 1108

Rates, posting schedule of, 1103

Revocation of permits, 1090

Safe, clean operation required, 1097

Sale or transfer of corporate permittee; cor-
porate records, 1083
Sanitary condition, 1099

Supp. No. 1, September 2006

San Francisco - Police Code

1664

MOTOR VEHICLES FOR HIRE (Cont'd.)
Self-insurers, provisions for, 1094

Smoking by drivers prohibited, 1098

Solicitation prohibited, 1105

Standing, 1109

Taxi company, driving requirements for des-
ignated key personnel, 1081.5
Employer's bus stands, 1170 et seq.

(See EMPLOYER'S BUS STANDS)
Insurance

All vehicles, provisions governing. See herein
that subject
Jitney buses, 1150 et seq.

(See JITNEY BUSES)
Limousines, 1165 et seq.

(See LIMOUSINES)
Motorized rickshaws, 1160 et seq.

(See MOTORIZED RICKSHAWS)
Pedicabs, 3901 et seq.

(See PEDICABS)

Penalties

Commission rules and regulations; viola-
tions; administrative penalties, 1187

Full-time driving requirement; violations; ad-
ministrative penalties, 1186
Procedures for administrative penalties, 1188
Provisions re, 1185
Ramped taxis, 1148 et seq.

(See RAMPED TAXIS)
Rental vehicles, 1175 et seq.
(See RENTAL VEHICLES)
Restricted areas
Operation of passenger-carrying commercial
motor vehicles within certain streets and
areas, prohibited, 1183
Provisions re, 1183.1 et seq.
Sightseeing and interurban buses, 1155 et seq.
(See SIGHTSEEING AND INTERURBAN
BUSES)
Taxicabs, 1120 et seq.
(See TAXICABS)

MOTORIZED RICKSHAWS
Permits, 1160
Rates, 1161

MOVIE THEATERS (See THEATERS)

MUNICIPAL COURTS

Citations for violations of certain provisions of
Health Code and Police Code
Appearance before Judge of Municipal Court,

1553
Penalty for failure to appear in court, 1558

— N —

NATIONAL ORIGIN, DISCRIMINATION BE-
CAUSE OF (See DISCRIMINATION)

NATIONAL RIFLE ASSOCIATION

Police pistol range
National Rifle Association fees, 1358
National Rifle Association, membership in,
1357

NEWSPAPERS

Conduct regulations, miscellaneous
Newspapers, unauthorized removal of, pro-
hibited, 630

NEWSRACKS, PHOTOGRAPHS, CARTOONS
OR DRAWINGS ON, REGULATING EXPO-
SURE OF

Definitions, 715

Nuisance, public, declared, 718

Penalty provision not applicable, 719

Removal, provisions for — Notice requirements,
717

Severability, 720

Sidewalks, newsracks on, 716

NOISE

Amusements and entertainments, 1060.12
et seq.

(See AMUSEMENTS AND ENTERTAIN-
MENTS)
Application; filing fees, 2913
Construction equipment, 2907
Construction work at night, 2908

Supp. No. 1, September 2006

1664.1 Index

NOISE (Cont'd.)
Definitions, 2901
Ambient noise, 2901.2
Commercial purpose, 2901.9
Construction equipment, powered, 2901.12
Decibel, 2901.3

Supp. No. 1, September 2006

[INTENTIONALLY LEFT BLANK]

Supp. No. 1, September 2006

1665

Index

NOISE (Cont'd.)

Emergency work, 2901.6

Fixed source, 2901.5

Model vehicles, powered, 2901.13

Motor vehicles, 2901.8

Noncommercial purpose, 2901.10

Nonstationary sources, 2901.4

Person, 2901.7

Sound level (noise level), 2901.1

Unnecessary, excessive, or offensive noise,
2901.11

Zoning Districts, 2901.14
Encounter studios, 1072.27
Enforcement, 2916
Fixed source noise level, 2909
General noise regulations, 2915
Measurement, noise level, 2902
Model vehicles, powered, 2914
Motor vehicles, off-highway use, 2906
Nuisances, 43 et seq.

See: NUISANCES
Police emergency alarm ordinance

Audible alarm systems, limitations on, 3704
Policy, declaration of, 2900
Schools, hospitals, and churches, 2903
Severability, 2918
Traffic and vehicles

Model vehicles, powered, 2914

Motor vehicles, off-highway use, 2906

Vehicle and nonstationary source repairs,
2905
Variance Board, 2910 et seq.

See: VARIANCE BOARD
Vehicle and nonstationary source repairs, 2905
Violations; misdemeanors, 2917
Waste disposal services, 2904

NONPROFIT ORGANIZATIONS

Itinerant shows
Exemption, nonprofit organization, 1017.2

NUDE MODELS IN PUBLIC PHOTOGRAPHY
STUDIOS
Advertising, 1073.27

NUDE MODELS IN PUBLIC PHOTOGRAPHY
STUDIOS (Cont'd.)
Application for employee of public photogra-
phy studio, 1073.4.1

Application for public photography studio,
1073.4

Booths and cubicles, 1073.22

Corporate applicants: exemption, 1073.5

Corporate permittee: maintenance of stock reg-
ister; report, 1073.6
Counseling or assisting, 1073.28
Definition, 1073.1
Display of permit, 1073.15
Employee license, 1073.17.1
. Employee permit required, 1073.2.1

Employee permit — Application to Chief of Po-
lice, 1073.3.1

Employment or payment not necessary for
offense, 1073.23

Exemptions, 1073.29

Exemptions continued, 1073.30

Filing and fee provision, 1073.3

Inspection, 1073.16

Issuance of employee permit, 1073.10.1

Issuance of permit for public photography stu-
dio, 1073.10

License fees, 1073.17

Lighting, 1073.21

Name and place of business — Change of loca-
tion, 1073.14

Notice of hearing, 1073.8

Penalty, 1073.31

Permit required, 1073.2

Persons under age of eighteen, employment of,

prohibited, 1073.12
Prohibition, 1073.19

Referral of application to other departments,
1073.9

Revocation or suspension of permit, 1073.11

Sale or transfer, 1073.13

Severability, 1073.34

Signs continued, 1073.25

Signs regulated, 1073.24

San Francisco - Police Code

1666

NUDE MODELS IN PUBLIC PHOTOGRAPHY
STUDIOS (Cont'd.)
Solicitation of trade, 1073.20

Suspension, limited, 1073.33

Time limit for obtaining permit, 1073.32

Transfer of permit, 1073.18

Verification of application, 1073.7

Visibility from street, 1073.26

NUDE PERFORMERS, WAITERS AND WAIT-
RESSES, PROHIBITING

Counseling or assisting, 1071.3

Definition, 1071

Employment or payment not necessary for
offense, 1071.2

Exceptions, 1071.4
Penalty, 1071.6
Prohibition, 1071.1
Severability, 1071.5

NUDITY

Nude models in public photography studios,
1073.1 et seq.
See: NUDE MODELS IN PUBLIC PHOTOG-
RAPHY STUDIOS
Nude performers, waiters and waitresses, pro-
hibiting, 1071 et seq.
See: NUDE PERFORMERS, WAITERS AND
WAITRESSES, PROHIBITING

NUISANCES
Alcoholic beverages, consuming, on public
streets, etc., or on public property open to
public view prohibited; penalty, 21

Amplifiers
Loudspeaker or sound amplifying equipment
outside buildings or out of doors, permits
for use of. See herein that subject

Ark, boat, vessel, dumping, etc., prohibited, 1
Billposting refuse, scattering, prohibited, 87
Cable cars
Fees

Motorized cable cars, additional filing fees,
2.30

NUISANCES (Cont'd.)

Tobacco and tobacco products

Street cars, cable cars, motor coaches and
trolley coaches, smoking in enclosed
section of, prohibited, 51

Penalty, 52

Departments and other agencies of city

Investigation by Police Department, 2.5

Permits

Police Department or Entertainment Com-
mission, permits issued by, 2.9

Police Department or Entertainment Com-
mission, schedule of license fees for
permits issued by, 2.27

Fees

Adjustment, annual, of fees, 2.31

Closing-out sales, fees for, 2.28

Definitions, 2.1

Determination of percentage of fees credited
to other departments, 2.25

Exempted, not, from paying other fees, 2.19

License fees, additional, 2.29

Motor vehicle for hire permits, schedule of
license fees for, 2.27.1

Motorized cable cars, additional filing fees,
2.30

Nonpayment of license fees, penalties for,
2.16

Nonpayment of permits or licenses, revoca-
tion of permit for, 2.17

Permits and filing fees, schedule of, 2.26

Purpose, 2

Setting procedure, 2.2

Fire prevention and protection

Authority to make rules, 56

Exception, 58

Hydrants, obstruction of, prohibited, 74

Open flame or electric arc unlawful — Excep-
tion, 55.1

Violation, 57

1667

Index

NUISANCES (Cont'd.)
Firearms and weapons

Alcoholic beverage or drug, prohibiting car-
rying of firearm while under influence of,
or possession of firearm while upon pub-
lic premises selling or serving alcoholic
beverages
Proscribed firearms as nuisance; surren-
der and destruction; restoration of sto-
len firearms to owner, 3610
Hydrants, obstruction of, prohibited, 74
Identification
Payment for badge, 2.21
Payment for identification card, 2.22

Substitutes, permitting, for metal badges,
2.20
Investigation by Police Department, 2.5

Kite flying prohibited near high voltage lines
and broadcasting towers, 28

Licenses and permits
Compliance, 2.23
Fees. See herein that subject
Permits. See herein that subject
Littering

Rubbish, etc. See herein that subject
Loudspeaker or sound amplifying equipment
outside buildings or out of doors, permits
for use of, 43

Definitions, 46

Exceptions — Radio, television receiving sets,
pedestrian operated bullhorns, 45

Filing fee, 43.1

License fee, 43.2

License required, 48

"Person" defined, 44

Registration statement amendment, 47.1

Regulations for use, 47.2

Severability, 50

Sound trucks, registration and permit re-
quired, use of, 47

Unnecessary noise, authorized emergency
vehicles, 49
Lumber and timber, piling of, regulated, 69

NUISANCES (Cont'd.)
Mechanical amusement devices
Nuisance, public, when deemed — Procedure
thereon, 1036.22
Motor vehicles for hire
Fees
Motor vehicle for hire permits, schedule of

license fees for, 2.27.1
Motorized cable cars, additional filing fees,
2.30
Permits
Motor vehicle for hire permits, schedule of

license fees for, 2.27.1
Motorized cable cars, additional filing fees,
2.30
Tobacco and tobacco products
Street cars, cable cars, motor coaches and
trolley coaches, smoking in enclosed
section of, prohibited, 51
Penalty, 52
Taxicabs, smoking prohibited in, where
sign posted, 53
Penalty, 53.1

Newsracks, photographs, cartoons or drawings
on, regulating exposure of

Nuisance, public, declared, 718
Noise
Loudspeaker or sound amplifying equipment
outside buildings or out of doors, permits
for use of. See herein that subject
Obstructions
Hydrants, obstruction of, prohibited, 74

Street, sidewalk, passageway or other public
way, obstructing any, prohibited, 22

Penalty; exceptions, 22
Second offense within 120 days of convic-
tion; penalty; exceptions, 24

Second offense within 24 hours; penalty;
exceptions, 23

Streets and sidewalks, obstructions on, 63

Exceptions, 64

Open flame or electric arc unlawful — Excep-
tion, 55.1
Penalty, 18

San Francisco - Police Code

1668

NUISANCES (Cont'd.)
Permits

Appeal, right of, 2.13

Applying for permit, manner of, 2.4

Compliance, 2.23

Discretionary powers, 2.6

Filing fees not refundable, 2.15

General provisions, 2.3

License fees not refundable upon revocation
of permit, 2.14

Loudspeaker or sound amplifying equipment
outside buildings or out of doors, permits
for use of, 43

Motor vehicle for hire permits, schedule of
license fees for, 2.27.1

Police Department or Entertainment Com-
mission, permits issued by, 2.9

Police Department or Entertainment Com-
mission, schedule of license fees for per-
mits issued by, 2.27

Quarterly permits to become annual, 2.11

Renewal, annual, 2.10

Revocation of permit for nonpayment of per-
mits or licenses, 2.17

Revocation, power of, 2.12

Schedule of permits and filing fees, 2.26

Surrender of permit, 2.24

Tax Collector to deliver permit, 2.8

Transfer of permits, 2.7
Police Department

Investigation by Police Department, 2.5

Permits
Police Department or Entertainment Com-
mission, permits issued by, 2.9

Police Department or Entertainment Com-
mission, schedule of license fees for
permits issued by, 2.27
Remaining upon private or business property
after being requested to leave, 25
Penalty; exceptions, 25
Second offense within 120 days of conviction;

penalty; exceptions, 27
Second offense within 24 hours; penalty;
exceptions, 26

NUISANCES (Cont'd.)
Rubbish, etc.

Accumulation of litter on sidewalks prohib-
ited, 34

Ark, boat, vessel, dumping, etc., prohibited,
1

Billposting refuse, scattering, prohibited, 87
Cuspidors, etc., not to be emptied on side-
walk, 35

Enforcement of litter laws; designated offi-
cers and employees, 38

Administrative penalties for specified lit-
tering and nuisance violations, proce-
dure for assessment and collection of,
39-1

Enforcement of litter laws, procedure for,
39
Littering

Ark, boat, vessel, dumping, etc., prohib-
ited, 1

Billposting refuse, scattering, prohibited,
87

Cuspidors, etc., not to be emptied on side-
walk, 35

Enforcement of litter laws; designated of-
ficers and employees, 38

Administrative penalties for specified lit-
tering and nuisance violations, pro-
cedure for assessment and collection
of, 39-1

Enforcement of litter laws, procedure for,
39

Throwing on streets prohibited, 33

Penalty, 37

Receptacles, sidewalk trash or litter, use of,
35(a)

Tenant of lower flat responsible, 36

Throwing on streets prohibited, 33

Signs

Billposting refuse, scattering, prohibited, 87

Tobacco and tobacco products

Taxicabs, smoking prohibited in, where
sign posted, 53

Penalty, 53.1

1669

Index

NUISANCES (Cont'd.)
Solicitation of pedestrians prohibited; penalty;

exception, 13
Solid waste

Rubbish, etc. See herein that subject
Tobacco and tobacco products
Authority to make rules, 56
Exception, 58
Free distribution of tobacco in public places,

prohibiting; penalty, 95
Street cars, cable cars, motor coaches and
trolley coaches, smoking in enclosed sec-
tion of, prohibited, 51
Penalty, 52
Taxicabs, smoking prohibited in, where sign
posted, 53
Penalty, 53.1
Wharves, etc., smoking, etc., on, 55
Traffic and vehicles
Fees
Motor vehicle for hire permits, schedule of

license fees for, 2.27.1
Motorized cable cars, additional filing fees,
2.30
Permits
Motor vehicle for hire permits, schedule of

— O —

OBSCENITY (See INDECENCY AND OBSCEN-
ITY)

OBSTRUCTIONS
Nuisances, 22 et seq.

(See NUISANCES)
Port area, 1602 et seq.

(See PORT AREA)

OCEAN BEACH
Sale of merchandise on, prohibited, 954

OFFENSIVE POWDERS ('Ker chew' powders,
'knockout drops', etc.)
Administering drugs, etc., prohibited, 413
'Ker chew' powders, distributing, prohibited,

405
'Knockout drops', unlawful possession of, 411
Mixing prohibited, 412
Penalty, 406

OFFICERS AND EMPLOYEES

Advertising

Licenses
Notice to director of public works, 990
Amusement parks

Tax Collector, license by, 1033
Bingo games, 3210 et seq.

(See BINGO GAMES)

Citations for violations of certain provisions of
Health Code and Police Code

Appearance before Judge of Municipal Court,

1553
Bail
Fixing of bail by Judge, 1555
Closing-out sales

Inventory of stock to be submitted to Chief of
Police, 1269

Conduct regulations, miscellaneous
Traffic standards, damaged, to be reported to

Chief of Police, requiring, 633
Water conservation

Enforcement by Water Department employ-
ees, 603.4

Disorderly persons, disorderly conduct, 125
et seq.
(See DISORDERLY PERSONS, DISOR-
DERLY CONDUCT)

Supp. No. 2, November 2006

San Francisco - Police Code

1670

OFFICERS AND EMPLOYEES (Cont'd.)
Firearms and weapons

Alcoholic beverage or drug, prohibiting car-
rying of firearm while under influence of,
or possession of firearm while upon pub-
lic premises selling or serving alcoholic
beverages

Chemical blood, breath, or urine tests;
obligation of officer to advise regarding
legal rights and consequences; confis-
cation of firearm for refusal to submit
to test; hearing, 3605

Mechanical amusement devices

Tax Collector, permit forwarded to, license
fees, 1036.9
Mobile caterers, 1320.6 et seq.

(See MOBILE CATERERS)
Motor vehicles for hire

All vehicles, provisions governing

Information to be filed with Chief of Police,
1095
Nude models in public photography studios
Employee permit — Application to Chief of
Police, 1073.3.1

Nuisances
Rubbish, etc.
Enforcement of litter laws; designated of-
ficers and employees, 38

Parades and processions, 372 et seq.

(See PARADES AND PROCESSIONS)
Pawnbrokers

Report forms to be furnished by Chief of
Police, 2811

Rules and regulations by Chief of Police,
2815
Pedicabs, 3906 et seq.

(See PEDICABS)
Poker games, 3209A et seq.

(See POKER GAMES)
Police emergency alarm ordinance

Alarm companies; failure to report and remit
fee; determination of fee by Tax Collec-
tor, 3710.6

OFFICERS AND EMPLOYEES (Cont'd.)

Emergency Communications, Director of, and
Tax Collector, duties and authority of,
3712

Professions and trades, miscellaneous regula-
tions for

Hotels and motels

Fire escapes and exits
Chief of Police to enforce, 891
Peddlers

Permit

Rules and Regulations by Chief of Police
or Director of Public Health, 869.16

Protection and security services, private

Matters to be considered by Chief of Police,
1750.13

Public outcry, sales by, 1201 et seq.

(See PUBLIC OUTCRY)

Second-hand automobiles or automobile acces-
sories, dealers in, 1235 et seq.

(See SECOND-HAND AUTOMOBILES OR
AUTOMOBILE ACCESSORIES, DEAL-
ERS IN)

Secondhand dealers

Permit from Chief of Police; rules and regu-
lations; definitions, 1279.1

Street artists

Public Works, Director of, to provide mark-
ings, 2407

Tow car firms, permits for

Chief of Police authority to issue rules and
regulations, 3061

Variance Board, 2910 et seq.

(See VARIANCE BOARD)

OPEN SPACES (See YARDS AND OPEN
SPACES)

ORDERS (See WRITS, WARRANTS AND OTHER
PROCESSES)

Supp. No. 2, November 2006

1671

Index

— P —

PAINT
Aerosol paint containers and marker pens,
sale and display of, 4200 et seq.
(See AEROSOL PAINT CONTAINERS AND
MARKER PENS, SALE AND DISPLAY
OF)
Minors
Aerosol paint, prohibition of sale of, to mi-
nors, 554

PARADES AND PROCESSIONS

Chief of Police to divert parade around fire,
etc., 376

Chief of Police to establish lines, 375

Definitions, 366

Funeral procession escorts, 385 et seq.

(See FUNERAL PROCESSION ESCORTS)
Interfere with such event, unlawful to, 374
Interference with city property prohibited, 377
Officers and employees

Chief of Police to divert parade around fire,
etc., 376

Chief of Police to establish lines, 375

Permit
Revocation by Police Chief, 372
Penalties, 378
Permit

Appeals, 371

Denial of application for parade permit,
grounds for, 369

Denial of application, procedure following,
370

Indemnification agreement, 368

Required; procedure, 367

Revocation by Police Chief, 372

Unlawful to sponsor or participate in parade
without permit, 374

Violation of permit conditions, 373

Police Department

Chief of Police to divert parade around fire,
etc., 376

Chief of Police to establish lines, 375

PARADES AND PROCESSIONS (Cont'd.)
Permit

Revocation by Police Chief, 372

Severability, 379

PARKING
Garages or parking lots, 795 et seq.
(See GARAGES OR PARKING LOTS)

PARKING LOTS

Provisions re, 795 et seq.
(See TRAFFIC AND VEHICLES)

PARKS AND RECREATION

Minors
Family recreation center — Special permit,
510.1

Recreational equipment vendors, 1050 et seq.
(See RECREATIONAL EQUIPMENT VEN-
DORS)

PAWNBROKERS
Application form, 2803

Articles to be kept on premises twenty days,
2813

Blanks, delivery of— Filing reports — Open to

inspection, 2812
Corporate applicant; exemption, 2804
Definitions, 2800
Display of permit, 2816
Filing and fee provision, 2802
Forfeiture of license fee, 2820
Hours of business, 2809
Issuance of permit, 2807
License fees, 2818
Limitation, 2808

Location of business, restriction as to, 2814
Moratorium on granting of permits in Mission

and Ingleside Police districts, 2825
Notice of hearing, 2806
Penalties, 2822
Permit required, 2801
Police department
Moratorium on granting of permits in Mis-
sion and Ingleside Police districts, 2825

Supp. No. 2, November 2006

San Francisco - Police Code

1672

PAWNBROKERS (Cont'd.)

Report forms to be furnished by Chief of

Police, 2811
Rules and regulations by Chief of Police,
2815
Records of purchases and sales, requirement to

keep, 2810
Report forms to be furnished by Chief of Police,

2811
Rules and regulations by Chief of Police, 2815
Severability, 2824

Suspension and revocation of permit, 2817
Time limit for filing application and permit;
nonretroactive application to existing per-
mit, 2821
Transfer of permit, 2819
Verification of application, 2805

PEDDLERS, CANVASSERS AND SOLICITORS
Amusements and entertainments, 1060.7.1
et seq.
(See AMUSEMENTS AND ENTERTAIN-
MENTS)
Charitable solicitation, 660 et seq.

(See CHARITABLE SOLICITATION)
Disorderly persons, disorderly conduct, 120-2
et seq.
(See DISORDERLY PERSONS, DISOR-
DERLY CONDUCT)
Encounter studios

Solicitation of trade, 1072.25
Motor vehicles for hire
All vehicles, provisions governing
Solicitation prohibited, 1105
Nude models in public photography studios

Solicitation of trade, 1073.20
Nuisances
Solicitation of pedestrians prohibited; pen-
alty; exception, 13
Photographic solicitors, 3420 et seq.

(See PHOTOGRAPHIC SOLICITORS)
Professions and trades, miscellaneous regula-
tions for, 864 et seq.
(See PROFESSIONS AND TRADES, MIS-
CELLANEOUS REGULATIONS FOR)

PEDDLERS, CANVASSERS AND SOLICITORS
(Cont'd.)
Public outcry, sales by, 1200 et seq.
(See PUBLIC OUTCRY, SALES BY)

Pushcart peddlers and pushcart operators, 1330
et seq.

(See PUSHCART PEDDLERS AND PUSH-
CART OPERATORS)
Recreational equipment vendors, 1050 et seq.

(See RECREATIONAL EQUIPMENT VEN-
DORS)

PEDICABS
Application for permit, 3903
Chief of Police, permits issued by, 3906
Chief of Police, regulations by, 3915
Definitions, 3901

Supp. No. 2, November 2006

1673

Index

PEDICABS (Cont'd.)
Fare schedule, display of, 3909.1

Filing fares, 3909

Insurance requirements, 3905

License, plate, identification card and operator's
badge, 3908

Loading required, 3914

Officers and employees
Chief of Police, permits issued by, 3906
Chief of Police, regulations by, 3915
Tax Collector, presentation of permit to —
License fees, 3907

Operating regulations, 3910

Operator's permit application, 3904

Penalty, 3916

Permit required, 3902

Police department
Chief of Police, permits issued by, 3906
Chief of Police, regulations by, 3915
Revocation of permits by Police Department,
3911

Revocation of permits by Police Department,
3911

Safety requirements, 3913

Sanitary regulations, 3912

Severability, 3917

Tax Collector, presentation of permit to —
License fees, 3907

PERFORMANCE BONDS. See: BONDS,
SURETY OR PERFORMANCE

PERMANENT MARKERS. See: AEROSOL
PAINT CONTAINERS AND MARKER PENS,
SALE AND DISPLAY OF

PERMITS. See: LICENSES AND PERMITS

PHONOGRAPHS. See: RADIOS, PHONO-
GRAPHS, STEREOS, ETC.

PHOTOGRAPHERS
Application for permit, 3402
Definitions, 3400

Exemption from any other provisions of Code,
permit and license not, 3408

PHOTOGRAPHERS (Cont'd.)
Investigation — Issuance or denial of permit —

Expiration date, 3403
License, 3404
License tax, 3405
Permit required, 3401
Photographic solicitors, 3420 et seq.

See: PHOTOGRAPHIC SOLICITORS
Renewal of permit, 3406
Revocation of permit — Rules and regulations,

3407
Street photographer, 3410 et seq.
See: STREET PHOTOGRAPHER

PHOTOGRAPHIC SOLICITORS

Application for permit bond, 3421
Application for street permit — Investigation —

Issuance of permit, 3423
Badge, 3426

Filing application and fee, 3424
Investigation of application of principal —

Issuance of permit, 3422
License fee, 3425
Penalty, 3427
Provisions re, 3420

PHOTOGRAPHY STUDIOS
Nude models in public photography studios,
1073.1 etseq.
See: NUDE MODELS IN PUBLIC PHOTOG-
RAPHY STUDIOS

PLACE OF BIRTH, DISCRIMINATION BE-
CAUSE OF. See: DISCRIMINATION

POKER GAMES
Access — Inspection, 3210A
Amendment of permit, 3208A
Application form, 3204A
Definitions, 3200A
Filing, 3203A

Forfeiture of license fee, 3220A
Forms prescribed by Chief of Police, 3215A
Inapplicability of other laws, 3223 A
Injunction, 3222A
Issuance of permit, 3207A

San Francisco - Police Code

1674

POKER GAMES (Cont'd.)
License, annual, 3216A
Notice of hearing, 3206A
Officers and employees
Forms prescribed by Chief of Police, 3215A

Reports to be filed with Chief of Police,
3213A

Rules and regulations by Chief of Police,
3209A
Penalties, 3221A
Permit required, 3202A
Police department

Forms prescribed by Chief of Police, 3215A

Reports to be filed with Chief of Police,
3213A

Rules and regulations by Chief of Police,
3209A
Public places, playing in, prohibited, 260
Records, examination of, 3212A
Records, requirement to keep, 3211A
Reports, frequency of filing, 3214A
Reports to be filed with Chief of Police, 3213A
Restrictions upon conducting of poker games,
3201A

Rules and regulations by Chief of Police, 3209A

Severability, 3224A

Suspension and revocation of permit, 3217A

Suspension, limited, 3218A

Transfer of permit, 3219A

Verification of application, 3205A

POLES AND WIRES
Conduct regulations, miscellaneous
Lampposts, hydrants, etc., hitching animals
to or injuring, prohibited, 585

POLICE DEPARTMENT

Amusements and entertainments

Entertainment regulations for extended-
hours premises
Police; inspection, 1070.14

Entertainment regulations permit and li-
cense provisions

Police — Inspection, 1060.11

POLICE DEPARTMENT (Cont'd.)
Bingo games, 3210 et seq.

See: BINGO GAMES
Closing-out sales

Inventory of stock to be submitted to Chief of
Police, 1269
Conduct regulations, miscellaneous

Traffic standards, damaged, to be reported to
Chief of Police, requiring, 633

Disorderly persons, disorderly conduct, 125
et seq.

See: DISORDERLY PERSONS, DISOR-
DERLY CONDUCT

Mobile caterers

Route approval by Chief of Police, 1320.17

Rules and regulations by Chief of Police or
Director of Public Health, 1320.14

Motor vehicles for hire

All vehicles, provisions governing

Insurance policies or bond, filing, with
Police Commission, 1092
Nude models in public photography studios

Employee permit — Application to Chief of
Police, 1073.3.1
Nuisances, 2.5 et seq.

See: NUISANCES
Parades and processions, 372 et seq.

See: PARADES AND PROCESSIONS
Pawnbrokers, 2811 et seq.

See: PAWNBROKERS
Pedicabs, 3906 et seq.

See: PEDICABS
Poker games, 3209A et seq.

See: POKER GAMES

Police emergency alarm ordinance, 3700 et seq.

See: POLICE EMERGENCY ALARM ORDI-
NANCE

Police pistol range, 1350 et seq.

See: POLICE PISTOL RANGE
Port area

Police, authority of, to board vessel, 1616

•

1675

Index

POLICE DEPARTMENT (Cont'd.)
Professions and trades, miscellaneous regula-
tions for, 869.16 et seq.
See: PROFESSIONS AND TRADES, MIS-
CELLANEOUS REGULATIONS FOR
Protection and security services, private
Matters to be considered by Chief of Police,

1750.13
Official Police or sheriff titles and similar
subterfuges, use of, 1750.11

Public outcry, sales by, 1201 et seq.

See: PUBLIC OUTCRY
Second-hand automobiles or automobile acces-
sories, dealers in, 1235 et seq.
See: SECOND-HAND AUTOMOBILES OR
AUTOMOBILE ACCESSORIES, DEAL-
ERS IN
Secondhand dealers
Permit from Chief of Police; rules and regu-
lations; definitions, 1279.1

Shooting galleries

Inspection by Police, 1044

Tow car firms, permits for

Chief of Police authority to issue rules and
regulations, 3061

Unclaimed property, disposal of, 1400 et seq.
See: UNCLAIMED PROPERTY, DISPOSAL
OF

POLICE EMERGENCY ALARM ORDINANCE

Administrative agreements, 3710.9

Alarm companies; failure to report and remit

fee; determination of fee by Tax Collector,

3710.6
Alarm installation company, additional duties

of, 3710.1
Alarm installation company and monitoring

company, duties of, 3710
Alarm license duration and renewal, 3708
Alarm monitoring company, additional duties

of, 3710.2
Alarm user, duties of, 3709
Appeals, 3716
Audible alarm systems, limitations on, 3704

POLICE EMERGENCY ALARM ORDINANCE

(Cont'd.)
Back-up power supply, 3705
Businesses
Alarm companies; failure to report and remit
fee; determination of fee by Tax Collec-
tor, 3710.6

Alarm installation company, additional du-
ties of, 3710.1

Alarm installation company and monitoring
company, duties of, 3710

Alarm monitoring company, additional du-
ties of, 3710.2

License fee, collection of, by alarm compa-
nies, 3710.3

Definitions, 3702

Emergency Communications, Director of, and
Tax Collector, duties and authority of, 3712

Enforcement, 3718

Failure to pay fee; administrative remedy, 3710.8

False alarms, prohibition against alarm sys-
tems which emit, 3706

Findings and statement of purpose, 3701

Government immunity, 3719

Initial implementation, 3721

Interest and penalties, 3710.5

Liability for fee, 3710.4

License administration, suspension and revo-
cation, 3713

License fee, collection of, by alarm companies,
3710.3

License or licensing, 3711

License required; application; fee; false state-
ments; transferability, 3707

Licenses, 3720

Motor vehicle alarm system, 3703

Notification, 3715

Penalties, 3714

Refunds, 3710.7

Reinstatement, 3717

Severability, 3722

Short title, 3700

San Francisco - Police Code

1676

POLICE PISTOL RANGE

Fees

Exemption, 1355

Range, 1352

Tournament, 1353

Training courses, 1351.1
Insurance, 1362
Location — Jurisdiction, 1350
National Rifle Association fees, 1358
National Rifle Association, membership in, 1357
Police range fund, disbursements from, 1359
"Police range fund" established, 1356
Prizes, etc., acceptance of, 1360
Rules and regulations to be adopted, 1361
Tax in addition to fees, 1354
Use, 1351

POLITICAL ACTIVITIES
Conduct regulations, miscellaneous
Coercion of laborers for political purposes
prohibited, 628

POOL AND POOL ROOMS. See: BILLIARDS
AND BILLIARD PARLORS

PORT AREA

Definitions, 1600

Departments and other agencies of city
Moving of vessel by Commission, 1617
Noncompliance with orders of Commission

as misdemeanor or infraction, 1612
Police, authority of, to board vessel, 1616
Depositing substances in harbor without per-
mission prohibited; form and content of
permission, 1605

Discharge or receipt of merchandise without

payment of wharfage as misdemeanor, 1603

Enforcement of charges; possession, storage,

sale of goods; obstructions, 1602
Guaranty of payment of wharfage, 1604
Lien for charges; possession of goods to secure

payment, 1601
Motor vehicles, operation of, on wharves, 1613
Moving of vessel by Commission, 1617

PORT AREA (Cont'd.)
Noncompliance with orders of Commission as
misdemeanor or infraction, 1612

Notice to remove obstructions; service, 1607
Obstructions
Enforcement of charges; possession, storage,
sale of goods; obstructions, 1602

Notice to remove obstructions; service, 1607

Prohibited, 1606
Penalty for noncompliance; removal and stor-
age; lien, 1608
Permission to board vessel, 1615
Police, authority of, to board vessel, 1616
Removal at direction of wharfinger, 1611
Tolls, avoidance of; penalty, 1610
Unauthorized collections and other activities

as misdemeanor, 1609
Vessels, operation of, 1614
Violations; penalty; enforcement, 1618

PRESS CARDS

Professions and trades, miscellaneous regula-
tions for
Press cards, issuance of, 939
Penalty, 940

PRIVATE CLUBS

Amusements and entertainments
Entertainment regulations for extended-
hours premises, 1070.6

Entertainment regulations permit and li-
cense provisions, 1060.6

PROCEEDINGS. See: SUITS, ACTIONS AND
OTHER PROCEEDINGS

PROCESSES. See: WRITS, WARRANTS AND
OTHER PROCESSES

PROCESSIONS. See: PARADES AND PROCES-
SIONS

PROFESSIONS AND TRADES, MISCELLA-
NEOUS REGULATIONS FOR

Baggage, transportation of

Delivery within reasonable time, 927

Excluded territory — Rates, 925

1677

Index

PROFESSIONS AND TRADES, MISCELLA-
NEOUS REGULATIONS FOR (Cont'd.)

Fixing rates, to be charged for transporta-
tion of personal baggage, 924
Personal baggage defined, 929
Principals responsible, 928
Receivers to give check for baggage, 926
Crushing rock, etc., within certain hours, etc.,
prohibited, 964

Fire escapes and exits

Hotels and motels. See herein that subject
Fire prevention and protection

Hotels and motels. See herein that subject
Firearms, etc., carrying

Penalty for violation, 842

Regulations governing, 840

Requirements, 841

Saving clause, 843

Food and drink, solicitation of purchases of,
prohibiting; declaring penalties, 973

Gas supply, turning off of, in hotels and dwell-
ings, 959

Defective stop cocks, use of, in hotels and
dwellings prohibited, 960

Penalty, 961
Grocery stores

Definitions, 900

Injunctive relief, 903

Item prices, 901

Penalty, 902

Severability, 904
Hotels and motels

Fictitious names, registering for lodging ac-
commodations under, prohibited, 920

Penalty, 921
Fire escapes and exits
Chief of Police to enforce, 891
Fire escapes, requiring red lights placed

at, 889
Hallway, owner to place white light in, 890
Penalty, 892

PROFESSIONS AND TRADES, MISCELLA-
NEOUS REGULATIONS FOR (Cont'd.)
Fire prevention and protection

Fire escapes and exits. See within this
subheading that subject

Gas supply, turning off of, in hotels and
dwellings, 959

Defective stop cocks, use of, in hotels and

dwellings prohibited, 960
Penalty, 961
Lighting, lights

Fire escapes and exits. See within this
subheading that subject

Public rooms

Defining public rooms, 911

Loitering in public rooms prohibited, 912

Penalty, 914

Unauthorized use of public rooms prohib-
ited, 913

Register of guests, requiring operators of
hotels, motels, auto courts and furnished
apartment house keepers to keep, 919

Safety

Fire escapes and exits. See within this
subheading that subject

Gas supply, turning off of, in hotels and
dwellings. See within this subheading
that subject

Visitor fees, prohibiting residential hotel op-
erators from charging; limiting residen-
tial hotel restrictions on visitors; viola-
tion is an infraction, 919.1

Identification

Junk gatherers

Badges, junk gatherers required to wear,
898

Badges, providing for, for junk gatherers,
897

Peddlers
Permit
Identification Card, 869.15
Junk gatherers
Badges, junk gatherers required to wear, 898

Supp. No. 1, September 2006

San Francisco - Police Code

1678

PROFESSIONS AND TRADES, MISCELLA-
NEOUS REGULATIONS FOR (Cont'd.)
Badges, providing for, for junk gatherers,

897
Gatherers, junk, 896
Permit required, 895
Licenses and permits
Junk gatherers

Permit required, 895
Peddlers. See herein that subject
Lighting, lights
Hotels and motels. See herein that subject
Sidewalk elevator, etc.
Night opening, lamps and guards required
for, 947
Magazine subscriptions, etc., soliciting upon

streets of, prohibited, 955
Medical services
Physicians, etc., to report injuries by crimi-
nal means. See herein that subject
Movers, requiring, to notify landlords, 875

Penalty, 876
Ocean Beach, sale of merchandise on, prohib-
ited, 954
Peddlers
Entrances, peddlers in front of certain, regu-
lating, 864
Penalty, 864.1
Licenses and permits
Permit. See within this subheading that
subject
Permit
Application for peddler permit, 869.7
Employee, peddler, 869.9
Employee, peddler, operation of, 869.10
Fees — Peddler and Peddler Employee,

869.11
Identification Card, 869.15
Inspection by Health Department, 869.8
Issuance of permits, limitation on, 869.2

License fees, peddlers, peddler employees,
869.12

Peddlers, Free, 869.14

PROFESSIONS AND TRADES, MISCELLA-
NEOUS REGULATIONS FOR (Cont'd.)
Proration schedule — Date payable, 869.13
Location restrictions, 869.3
Log to be maintained, 869.6
Natural person only, peddler permit to,

869.4
Penalty, 869.1

Personally peddle, peddler to, 869.5
Required, 869
Rules and Regulations by Chief of Police or

Director of Public Health, 869.16
Severability, 869.18

Suspension and Revocation of Permit,
869.17
Sign 'no peddlers' displayed, peddling where,
prohibited, 870
Peddlers, canvassers and solicitors

Food and drink, solicitation of purchases of,
prohibiting; declaring penalties, 973

Magazine subscriptions, etc., soliciting upon

streets of, prohibited, 955
Peddlers. See herein that subject

Physicians, etc., to report injuries by criminal
means, 857

Exceptions, 859

Physician practicing to report, 858
Police badges, sale of, 934
Police department
Hotels and motels
Fire escapes and exits
Chief of Police to enforce, 891
Peddlers
Permit

Rules and Regulations by Chief of Police
or Director of Public Health, 869.16
Police badges, sale of, 934
Press cards, issuance of, 939

Penalty, 940
Public rooms

Hotels and motels. See herein that subject
Safety
Hotels and motels. See herein that subject

Supp. No. 1, September 2006

1679

Index

PROFESSIONS AND TRADES, MISCELLA-
NEOUS REGULATIONS FOR (Cont'd.)
Sidewalk elevator, etc. See herein that sub-
ject
Sales
Ocean Beach, sale of merchandise on, pro-
hibited, 954
Police badges, sale of, 934
Secondhand school books, regulating sale of.

See herein that subject
Transportation tickets — Sale of. See herein
that subject
Schools
Secondhand school books, regulating sale of.
See herein that subject
Secondhand goods
Junk gatherers. See herein that subject
Secondhand school books, regulating sale of.
See herein that subject
Secondhand school books, regulating sale of,
850

Certain conditions, sale of text books under,

prohibited, 852
Dealer to obtain list of books and keep same
posted, 851
Sidewalk elevator, etc.
Iron door, etc., and lock required, 944
Mechanical device for stopping required, 945
Night opening, lamps and guards required

for, 947
Openings, unlawful, prohibited — Kind of

metal guards required, 946
Trap-door, kind of metal guards required for,

948
Trap-door, while open, guards required, 949
Signs
Peddlers
Sign 'no peddlers' displayed, peddling where,
prohibited, 870
Secondhand school books, regulating sale of
Dealer to obtain list of books and keep
same posted, 851
Transportation tickets — Sale of
Posted, regulations to be, 970

PROFESSIONS AND TRADES, MISCELLA-
NEOUS REGULATIONS FOR (Cont'd.)
Streets, sidewalks and other public places

Magazine subscriptions, etc., soliciting upon
streets of, prohibited, 955

Sidewalk elevator, etc. See herein that sub-
ject

Traffic and vehicles

Baggage, transportation of. See herein that
subject

Transportation tickets — Sale of. See herein
that subject

Transportation tickets — Sale of, 969

Exceptions, 972

Penalty, 971

Posted, regulations to be, 970

PROPERTY

Advertising
Private property, posting signs on, prohib-
ited; penalty for violation, 709

Conservation decals, life and property, display
of, 109.20 et seq.

(See CONSERVATION DECALS, LIFE AND
PROPERTY, DISPLAY OF)

Disorderly persons, disorderly conduct

Defacement, etc., of property in civic center
prohibited, 130

Penalty, 131

Firearms and weapons

Possession or sale of firearms or ammunition
on property controlled by the City and
County of San Francisco, prohibition
against, 617

Motor vehicles for hire

All vehicles, provisions governing

Lost property, reports of, 1107

Parades and processions

Interference with city property prohibited,
377

Tow car firms, permits for

Removal of vehicles from private property,
3057

Supp. No. 10, July/August 2007

San Francisco - Police Code

1680

PROPERTY (Cont'd.)
Unclaimed property, disposal of, 1400 et seq.
(See UNCLAIMED PROPERTY, DISPOSAL
OF)

PROSTITUTION
Disorderly persons, disorderly conduct, 220
et seq.
(See DISORDERLY PERSONS, DISOR-
DERLY CONDUCT)

PROTECTION AND SECURITY SERVICES, PRI-
VATE

Effective dates, 1750.18

Employees of street patrol business, registra-
tion of, 1750.6
Exemptions, 1750.16
Fixed patrol defined, 1750.1
Handguns, drawing of, 1750.19
Handguns, permitting drawing of, 1750.20
Identification card, issuance of, 1750.9
Insurance coverage, 1750.14
Matters to be considered by Chief of Police,

1750.13
Official Police or Sheriff titles and similar

subterfuges, use of, 1750.11
Person, 1750.3.1

Private watchman defined, 1750.3
Registration
Employees of fixed patrol business, registra-
tion of, 1750.7
Employees of street patrol business, registra-
tion of, 1750.6
Fee, 1750.15

Fixed patrols, street patrols and private
watchman, registration of, 1750

Method of registration of street patrol and

fixed patrol services, 1750.4
Private watchman, registration of, 1750.8
Review of registration application, 1750.5
Revocation or refusal of registration, 1750.12

Review of registration application, 1750.5

Severability, 1750.17

Street patrol defined, 1750.2

Termination of employee, notice of, 1750.10

PUBLIC EVENTS

Laser pointers
Movie theaters and public events, possession
of laser pointers at, prohibited, 4804

PUBLIC HEALTH, DIRECTOR OF

Mobile caterers
Applications — Reference to Director of Pub-
lic Health, 1320.6
Rules and regulations by Chief of Police or
Director of Public Health, 1320.14
Professions and trades, miscellaneous regula-
tions for
Peddlers
Permit
Rules and Regulations by Chief of Police
or Director of Public Health, 869.16
Pushcart peddlers and pushcart operators
Applications — Reference to Director of Health,
1330.6

PUBLIC NUISANCES (See NUISANCES)

PUBLIC OUTCRY, SALES BY

Acts prohibited, 1206

Blanks furnished by Chief of Police, 1208

Cancellation of bond, 1203

Definition of merchandising by public outcry,
1212

Exceptions, 1213

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, 1210

Investigation by Chief of Police, 1202

License fee, 1209 =>

Officers and employees

Blanks furnished by Chief of Police, 1208

Investigation by Chief of Police, 1202

Permit from Chief of Police — Procedure —
Bond, 1201

Penalties for violations of sections 1200 through

1212, inclusive, 1214
Permit from Chief of Police — Procedure —

Bond, 1201

Supp. No. 10, July/August 2007

1681

Index

PUBLIC OUTCRY, SALES BY (Cont'd.)
Police department
Blanks furnished by Chief of Police, 1208
Investigation by Chief of Police, 1202
Permit from Chief of Police — Procedure —

Bond, 1201
Records to be kept — Quarterly reports to
Police, 1205
Records to be kept — Quarterly reports to Po-
lice, 1205
Regulated, 1200
Renewal of permits, 1211
Revocation of permit, grounds for, 1207
Stated address only, permit to be operative for;
change of location; addition of unlicensed
persons to partnership; license to be non-
transferable, 1204

PUBLIC PLACES (See STREETS, SIDEWALKS
AND OTHER PUBLIC PLACES)

PUBLIC ROOMS
Professions and trades, miscellaneous regula-
tions for, 911 et seq.
(See PROFESSIONS AND TRADES, MIS-
CELLANEOUS REGULATIONS FOR)

PUBLIC WORKS, DIRECTOR OF
Advertising
Licenses
Notice to Director of Public Works, 990
Street artists
Public Works, Director of, to provide mark-
ings, 2407

PUBLICATION

Conduct regulations, miscellaneous
False alarms
Reward
Publication of offer, 643

PUSHCART PEDDLERS AND PUSHCART OP-
ERATORS
Application form, 1330.4

Applications — Reference to Director of Health,

1330.6
Decal and display, 1330.14

PUSHCART PEDDLERS AND PUSHCART OP-
ERATORS (Cont'd.)
Definitions, 1330
Employees to operate only in conjunction with

permit, 1330.11
Exclusions, 1330.2
Exhibition of permit, 1330.12
Filing and fee provision, 1330.3
Inspections, 1330.13
Issuance of permit, 1330.15
License fee, 1330.15.1
Locations; exceptions, 1330.5
Nontransfer of permit, 1330.17
Notice of hearing, 1330.7
Penalty, 1330.20
Permit required, 1330.1
Severability, 1330.21

Suspension and revocation of permits, 1330.16
Time limit for issuance of permits to existing

permit holders, 1330.19

— R —

RACE, DISCRIMINATION BECAUSE OF (See
DISCRIMINATION)

RADIOS, PHONOGRAPHS, STEREOS, ETC.
Miniature golf courses
Operators, permits for
Radio regulations, 777
Nuisances
Loudspeaker or sound amplifying equipment
outside buildings or out of doors, permits
for use of

Exceptions — Radio, television receiving sets,
pedestrian operated bullhorns, 45

RAMPED TAXIS
Operations, 1148.5
Permits

Applications, 1148.1

Eligibility, 1148.2

Issuance, additional considerations for, 1148.3

Operation, 1148.4

Provisions re, 1148

Supp. No. 10, July/August 2007

San Francisco - Police Code

1682

RAMPED TAXIS (Cont'd.)

Spare taxicab, use in, 1148.6

RECREATION (See PARKS AND RECREATION)

RECREATIONAL EQUIPMENT VENDORS

Application for permit, 1052
Defined, 1050
License fees, 1053
Penalty, 1055
Permit required, 1051
Regulations, 1054

REFRIGERATORS, ICEBOXES, ETC.

Conduct regulations, miscellaneous
Refrigerator equipped with locking devices,
abandoning, prohibited, 645
Penalty, 646

REFUSE (See SOLID WASTE)

REGISTRATION
Charitable solicitation, 660.3 et seq.

(See CHARITABLE SOLICITATION)
Disorderly persons, disorderly conduct, 249
et seq.
(See DISORDERLY PERSONS, DISOR-
DERLY CONDUCT)
Nuisances

Loudspeaker or sound amplifying equipment
outside buildings or out of doors, permits
for use of
Registration statement amendment, 47.1
Sound trucks, registration and permit re-
quired, use of, 47
Protection and security services, private, 1750
et seq.

(See PROTECTION AND SECURITY SER-
VICES, PRIVATE)

RELIGION, DISCRIMINATION BECAUSE OF
(See DISCRIMINATION)

RELIGIOUS INSTITUTIONS
Noise, 2903

RENTAL

Computer rental businesses, 750 et seq.
(See COMPUTER RENTAL BUSINESSES)

RENTAL (Cont'd.)
Housing, 109.1 et seq.

(See HOUSING)
Vehicles, 1175 et seq.
(See RENTAL VEHICLES)

RENTAL VEHICLES

Businesses of renting or leasing motor vehicles
and/or trailers for period of 60 days or less
without driver or operator, 1175
Definitions, 1176
Driver's license required, 1179
License fees, 1180
Licenses and permits

Driver's license required, 1179

License fees, 1180

Permit required, 1177
Permit required, 1177
Records to be kept; contents, 1178

REPORTS, REPRODUCING AND FURNISH-
ING

Fees for reproducing and furnishing reports,
records and other material, 1450

RETAIL (See BUSINESSES)

RICKSHAWS
Motorized rickshaws, 1160 et seq.
(See MOTORIZED RICKSHAWS)

ROCK CRUSHING

Professions and trades, miscellaneous regula-
tions for

Crushing rock, etc., within certain hours,
etc., prohibited, 964

RODEO EXHIBITIONS AND SHOWS
Provisions re, 1020

RUBBISH (See SOLID WASTE)

— S —

SAFETY
Funeral procession escorts
Diversion in case of emergency, 392
Traffic safety instruction program, 393

Supp. No. 10, July/August 2007

1683

Index

SAFETY (Cont'd.)
Motor vehicles for hire

All vehicles, provisions governing

Safe, clean operation required, 1097

Pedicabs

Safety requirements, 3913

Professions and trades, miscellaneous regula-
tions for, 889 et seq.

(See PROFESSIONS AND TRADES, MIS-
CELLANEOUS REGULATIONS FOR)

Taxicabs, 1147 et seq.

(See TAXICABS)

SALES

Advertising, 665 et seq.

(See ADVERTISING)

Aerosol paint containers and marker pens,
sale and display of, 4200 et seq.

(See AEROSOL PAINT CONTAINERS AND
MARKER PENS, SALE AND DISPLAY
OF)

Bath houses, public

Sale or transfer, 2620

Firearms and weapons

Possession or sale of firearms or ammunition
on property controlled by the City and
County of San Francisco, prohibition
against, 617

Sale, manufacture and distribution of fire-
arms and ammunition; possession of
handguns, 3600A et seq.

(See FIREARMS AND WEAPONS)

Spring-blade, switch-blade, snap-blade knives,
or other similar type knives, prohibiting
sale, transfer, or possession of; penalty
therefor, 1292

SALES (Cont'd.)
Hydrofluoric acid, sale and display of products
containing, 4200D.1 et seq.

(See HYDROFLUORIC ACID, SALE AND
DISPLAY OF PRODUCTS CONTAIN-
ING)
Hypodermic needles or syringes, replica, pro-
hibiting sale or possession of, 4100 et seq.
(See HYPODERMIC NEEDLES OR SY-
RINGES, REPLICA, PROHIBITING
SALE OR POSSESSION OF)
Laser pointers

Minors, sale of laser pointers to, prohibited,
4802

Mercury thermometers

Retail sale prohibited, 4200B.2

Minors

Aerosol paint, prohibition of sale of, to mi-
nors, 554

Permanent markers, sale of, to minors and
possession of permanent markers by mi-
nors without supervision or authoriza-
tion prohibited, 555
Nuisances
Fees
Closing-out sales, fees for, 2.28
Pawnbrokers
Records of purchases and sales, requirement
to keep, 2810

Professions and trades, miscellaneous regula-
tions for, 850 et seq.

(See PROFESSIONS AND TRADES, MIS-
CELLANEOUS REGULATIONS FOR)
Sale, manufacture and distribution of firearms
and ammunition; possession of handguns,
3600A et seq.
(See FIREARMS AND WEAPONS)
Traffic and vehicles

Tires without identification marks, pur-
chase, sale, possession of, prohibited, 822
Unclaimed property, disposal of
Notice of sale, 1405

SANITATION (See HEALTH AND SANITA-
TION)

Supp. No. 10, July/August 2007

San Francisco - Police Code

1684

SCHOOLS

AIDS and associated conditions, prohibiting
discrimination on basis of

AIDS and associated conditions
Educational institutions, 3806
Mobile caterers
Prohibition against selling within 1,500 feet
of a public school, 1320.10.2
Noise, 2903

Professions and trades, miscellaneous regula-
tions for, 850 et seq.

(See PROFESSIONS AND TRADES, MIS-
CELLANEOUS REGULATIONS FOR)

SECOND-HAND AUTOMOBILES OR AUTOMO-
BILE ACCESSORIES, DEALERS IN

Blanks furnished by Chief of Police, 1236

Filing fee, 1237.1

License fees, 1238

Officers and employees
Blanks furnished by Chief of Police, 1236
Permit by Chief of Police — Revocation, 1237

Required to keep records of purchases, and
sales and report to Chief of Police, 1235
Permit by Chief of Police — Revocation, 1237
Police department
Blanks furnished by Chief of Police, 1236
Permit by Chief of Police — Revocation, 1237
Required to keep records of purchases, and
sales and report to Chief of Police, 1235
Required to keep records of purchases, and
sales and report to Chief of Police, 1235

SECONDHAND DEALERS
Antique shops; definition; permit, 1279.2
Auctioneers, licensed, excepted, 1282
Definitions, 1279
Furniture and household goods — Defined, 1281

Permit from Chief of Police; rules and regula-
tions; definitions, 1279.1
Provisions re, 1280.1

Records of purchases and sales, required to
keep, 1276

Specified secondhand goods, dealers in, 1280

SECONDHAND DEALERS (Cont'd.)
Trade-in dealers; definition; permit, 1279.3

SECONDHAND GOODS

Advertising
Second-hand or defective merchandise, regu-
lating advertisement of sale of, 665
Automobiles or automobile accessories, second-
hand, dealers in, 1235 et seq.
(See SECOND-HAND AUTOMOBILES OR
AUTOMOBILE ACCESSORIES, DEAL-
ERS IN)
Junk dealers, 974.1 et seq.

(See JUNK DEALERS)
Pawnbrokers, 2800 et seq.

(See PAWNBROKERS)
Professions and trades, miscellaneous regula-
tions for, 850 et seq.
(See PROFESSIONS AND TRADES, MIS-
CELLANEOUS REGULATIONS FOR)
Secondhand dealers, 1276 et seq.
(See SECONDHAND DEALERS)

SECURITY
Conduct regulations, miscellaneous, 613.9 et seq.
(See CONDUCT REGULATIONS, MISCEL-
LANEOUS)

Garages or parking lots
Lighting or security guard, adequate, requir-
ing private parking lots to provide, 825.1

Protection and security services, private, 1750
et seq.
(See PROTECTION AND SECURITY SER-
VICES, PRIVATE)

SEWERS (See WATER AND SEWERS)

SEX, DISCRIMINATION BECAUSE OF (See
DISCRIMINATION)

SEXUAL CONDUCT

Disorderly persons, disorderly conduct, 225
et seq.

(See DISORDERLY PERSONS, DISOR-
DERLY CONDUCT)

Encounter studios

Prohibited activities, 1072.24

Supp. No. 10, July/August 2007

1684.1 Index

SEXUAL CONDUCT (Cont'd.)
Nude models in public photography studios
Prohibition, 1073.19

SEXUAL ORIENTATION, DISCRIMINATION
BECAUSE OF (See DISCRIMINATION)

SEXUALLY ORIENTED BUSINESSES
Adult theaters and adult bookstores permit
and license provisions, 791 et seq.
(See ADULT THEATERS AND ADULT
BOOKSTORES PERMIT AND LICENSE
PROVISIONS)
Encounter studios, 1072.1 et seq.
(See ENCOUNTER STUDIOS)

Supp. No. 10, July/August 2007

[INTENTIONALLY LEFT BLANK]

Supp. No. 10, July/August 2007

1685

Index

SEXUALLY ORIENTED BUSINESSES (Cont'd.)
Escort services, 1074.1 et seq.

(See ESCORT SERVICES)
Nude models in public photography studios,
1073.1 et seq.
(See NUDE MODELS IN PUBLIC PHOTOG-
RAPHY STUDIOS)

Nude performers, waiters and waitresses, pro-
hibiting, 1071 et seq.
(See NUDE PERFORMERS, WAITERS AND
WAITRESSES, PROHIBITING)

SHOOTING GALLERIES
Betting prohibited, 1042
Bullet-proofing, 1043
Closing during certain hours, 1041
Filing fee, 1039.1
Firearms regulated, 1040
Inspection by Police, 1044
License fee and exclusivity, 1039.2
Permit required, 1039

SHOPPING CARTS

Conduct regulations, miscellaneous

Shopping carts, unauthorized removal of;
notice, exceptions, 647

SIDEWALK ELEVATORS

Professions and trades, miscellaneous regula-
tions for, 944 et seq.

(See PROFESSIONS AND TRADES, MIS-
CELLANEOUS REGULATIONS FOR)

SIDEWALKS (See STREETS, SIDEWALKS AND
OTHER PUBLIC PLACES)

SIGHTSEEING AND INTERURBAN BUSES
Name on vehicle, 1156
Permits, 1155
Routes and fares, filing, for sightseeing buses,

1158
Temporary sightseeing bus permits, 1157

SIGNS
Adult theaters and adult bookstores permit
and license provisions, 791.1

SIGNS (Cont'd.)
Advertising, 666 et seq.

(See ADVERTISING)
Amusements and entertainments, 1060.14
et seq.

(See AMUSEMENTS AND ENTERTAIN-
MENTS)
Computer rental businesses, 751
Encounter studios, 1072.30 et seq.

(See ENCOUNTER STUDIOS)
Fraud and deceit
Retail stores posting refund policies; penal-
ties, 457

Mechanical amusement devices

Posting license in premises, 1036.13
Mechanical contrivances and other amuse-
ments
Application and posting, 1045.3
Miniature golf courses
Operators, permits for
Posting, 780
Motor vehicles for hire
All vehicles, provisions governing
Rates, posting schedule of, 1103
Nude models in public photography studios
Signs continued, 1073.25
Signs regulated, 1073.24
Nuisances, 53 et seq.
(See NUISANCES)
Professions and trades, miscellaneous regula-
tions for, 851 et seq.
(See PROFESSIONS AND TRADES, MIS-
CELLANEOUS REGULATIONS FOR)

SLOT MACHINES (See GAMES OF CHANCE)

SMOKING (See TOBACCO AND TOBACCO
PRODUCTS)

SOLICITORS (See PEDDLERS, CANVASSERS
AND SOLICITORS)

SOLID WASTE
Noise
Waste disposal services, 2904

Supp. No. 2, November 2006

San Francisco - Police Code

1686

SOLID WASTE (Cont'd.)
Nuisances, 1 et seq.

(See NUISANCES)

SOUND (See NOISE)

SPECIAL EVENTS
Garages or parking lots, 835 et seq.
(See GARAGES OR PARKING LOTS)

STADIUMS
Disorderly persons, disorderly conduct
Stadium, definition of, 148

STALKING
Disorderly persons, disorderly conduct
Stalker, potential victims of, notice to, 259.3

STEALING, STOLEN PROPERTY

Conduct regulations, miscellaneous, 616 et seq.
(See CONDUCT REGULATIONS, MISCEL-
LANEOUS)
Firearms and weapons
Alcoholic beverage or drug, prohibiting car-
rying of firearm while under influence of,
or possession of firearm while upon pub-
lic premises selling or serving alcoholic
beverages
Proscribed firearms as nuisance; surren-
der and destruction; restoration of sto-
len firearms to owner, 3610

STEREOS (See RADIOS, PHONOGRAPHS, STE-
REOS, ETC.)

STORAGE
Aerosol paint containers and marker pens,
sale and display of
Storage and display of aerosol paint contain-
ers and marker pens, 4201
Garages or parking lots, 795 et seq.

(See GARAGES OR PARKING LOTS)
Hydrofluoric acid, sale and display of products
containing
Storage and display of regulated products,
4200D.2

Laser pointers
Storage and display of laser pointers, 4801

STORAGE (Cont'd.)
Port area

Enforcement of charges; possession, storage,
sale of goods; obstructions, 1602

Penalty for noncompliance; removal and stor-
age; lien, 1608

STRAP GAME (See GAMES OF CHANCE)

STREET ARTISTS
Advisory Committee, compensation of, 2402
Age eligibility, 2403

Appeals to Board of Permit Appeals, 2409
Application/examination fee, 2404.1.1
Certificate

Disclaimer, transfer, and display, 2404

Fee, 2404.1

Issuance, denial, suspension or revocation:
appeals, 2408

Veterans, priority to, 2404.3
Criminal violations: penalties, 2410
Definitions, additional, 2401
Fee setting procedure, 2404.2
Lottery, 2406
Public Works, Director of, to provide markings,

2407
Purpose, statement of, and text of ordinance,

2400
Regulations, 2405
Severability, 2411

STREET CARS

Advertising

Street car windows, advertising on, prohib-
ited — Exceptions, 702

Penalty, 703
Nuisances
Tobacco and tobacco products
Street cars, cable cars, motor coaches and
trolley coaches, smoking in enclosed
section of, prohibited, 51

Penalty, 52

STREET PHOTOGRAPHER
Application for permit — Bond, 3411

Supp. No. 2, November 2006

1687

Index

STREET PHOTOGRAPHER (Cont'd.)

Application for street permit — Issuance of per-
mit, 3413

Badge, issuance of, 3416

Filing application and fee, 3414

Investigation of application of principal of per-
mit, 3412

License fee, 3415

Penalty, 3417

Provisions re, 3410

STREETS, SIDEWALKS AND OTHER PUBLIC
PLACES
Adult theaters and adult bookstores permit
and license provisions
Visibility from street, 791.2
Advertising, 680 et seq.
(See ADVERTISING)
Amusements and entertainments
Entertainment regulations permit and li-
cense provisions
Visibility from street, 1060.18
Bath houses, public, 2600 et seq.
(See BATH HOUSES, PUBLIC)
Disorderly persons, disorderly conduct, 110
et seq.
(See DISORDERLY PERSONS, DISOR-
DERLY CONDUCT)
Encounter studios

Entertainment, visibility from street, 1072.33
Firearms and weapons, 3600 et seq.
(See FIREARMS AND WEAPONS)
Games of chance
Poker, playing, in public places prohibited,
260
Horses, regulating riding of, in public places,

490
Minors

Curfew law, 539
Motor vehicles for hire, 1075 et seq.

(See MOTOR VEHICLES FOR HIRE)
Newsracks, photographs, cartoons or drawings
on, regulating exposure of
Sidewalks, newsracks on, 716

STREETS, SIDEWALKS AND OTHER PUBLIC

PLACES (Cont'd.)
Nude models in public photography studios

Visibility from street, 1073.26
Nuisances, 1 et seq.

(See NUISANCES)
Parades and processions, 366 et seq.

(See PARADES AND PROCESSIONS)

Professions and trades, miscellaneous regula-
tions for, 944 et seq.

(See PROFESSIONS AND TRADES, MIS-
CELLANEOUS REGULATIONS FOR)
Street artists, 2400 et seq.
(See STREET ARTISTS)

STRIKEBREAKERS, PROFESSIONAL, PRO-
HIBITING OF

Definitions, 651

Findings, 650

Severability, 654

Unlawful conduct, 652

Violation, 653

SUBSTANCE ABUSE
Disorderly persons, disorderly conduct

Aggressive solicitation ban/ substance abuse
and mental health diversion program,
120-2

SUITS, ACTIONS AND OTHER PROCEED-
INGS

AIDS and associated conditions, prohibiting
discrimination on basis of

AIDS and associated conditions

Actions; limitation on, 3812

Diseases or afflictions not transmitted by
casual contact

Actions, limitation on, 3857
Boats, docks and waterways
Personal watercraft
Citizen enforcement actions, 4700.6
Discrimination
Actions, limitation on, 3309

Supp. No. 14, February 2008

San Francisco - Police Code

1688

SUITS, ACTIONS AND OTHER PROCEED-
INGS (Cont'd.)
Housing

Discrimination in housing against families
with minor children
Actions, limitation on, 107.4
Civil action, 107

SUPERMARKETS (See GROCERY STORES)

SURETY BONDS (See BONDS, SURETY OR
PERFORMANCE)

— T —

TAMPERING

Conduct regulations, miscellaneous
Water conservation
Tampering with water meter, 603.3

TAX COLLECTOR

Amusement parks

Tax Collector, license by, 1033
Conduct regulations, miscellaneous
Firearms and weapons
License
Tax Collector, delivery to, 613.17
Fortunetelling
Permit
Tax Collector, permit forwarded to; pay-
ment of license fees, 1307
Mechanical amusement devices
Tax Collector, permit forwarded to, license
fees, 1036.9

Nuisances
Permit
Tax Collector to deliver permit, 2.8
Pedicabs
Tax Collector, presentation of permit to —
License fees, 3907
Police emergency alarm ordinance

Alarm companies; failure to report and remit
fee; determination of fee by Tax Collec-
tor, 3710.6

TAX COLLECTOR (Cont'd.)

Emergency Communications, Director of, and
Tax Collector, duties and authority of,
3712

TAXATION

Itinerant shows

License tax on, imposing, 1015
Police pistol range

Tax in addition to fees, 1354

TAXICABS

Driving requirements for designated taxi com-
pany key personnel, 1081.5
Health and sanitation
Operations, regulations governing. See herein
that subject
Nuisances
Tobacco and tobacco products

Taxicabs, smoking prohibited in, where
sign posted, 53

Penalty, 53.1

Operations, regulations governing

Cab pooling, 1147.9

Deduction for time while disabled, 1146

Disagreement as to fare; receipt, 1141

Driving requirements for designated taxi com-
pany key personnel, 1081.5

Emergency rates for taxicabs, 1139
Gate fee surcharge for low emission vehicles,
1135.2

Gate fees, 1135.1
Health and sanitation
Service, health and safety. See within this
subheading that subject
Paratransit program, increased cost of, 1137.5
Paratransit program, participation in, 1147.8
Penalty for refusal to pay fare, 1145
Rates for baggage, 1136
Rates for taxicabs, 1135
Reduced emissions by company, 1135.3
Refusal to convey; excessive charges, 1142

Refusal to convey; refusal to obey posted 'no
smoking' sign, 1143

Supp. No. 14, February 2008

1688.1 Index

TAXICABS (Cont'd.)

Review of rates of fare and cap on gate fees,

1137
Safety
Service, health and safety. See within this
subheading that subject
Service, health and safety
Driver education, 1147.1
Liability, limitation of, 1147.5
Penalties, 1147.6 .
Purpose, 1147
Review, 1147.3
Safety equipment, 1147.2
Workers' compensation requirements, com-
pliance with, 1147.4
Taximeter operation, 1144
Taximeters, 1140

Tobacco advertising, ban on, 1147.7
Waybill, 1138

Supp. No. 14, February 2008

[INTENTIONALLY LEFT BLANK]

Supp. No. 14, February 2008

1689

Index

•

TAXICABS (Cont'd.)
Permits
Applications; preferences; driving experi-
ence required, 1121
Color schemes; adoption; permits; changes,

1125
Dispatch service permits, 1127
Eligibility, 1122
Lease of taxicab permit, 1124
Name on vehicle, 1126
Radio dispatch capability, 1123
Taxicab permits, 1120
Safety
Operations, regulations governing. See herein
that subject

TELECOMMUNICATIONS
Conduct regulations, miscellaneous
Automatic calling devices
Application for permission to install, 649
Use of regulated, 648
Nuisances
Kite flying prohibited near high voltage lines
and broadcasting towers, 28
Taxicabs
Permits
Radio dispatch capability, 1123

TELEGRAPH SYSTEMS
Conduct regulations, miscellaneous
Fire, etc., telegraph systems, interference
with, prohibited, 638

TELEPHONE COMPANIES
Fraud and deceit
Telephone company, defrauding, prohibited,
461
Evidence, 462

TELEVISION

Nuisances
Loudspeaker or sound amplifying equipment
outside buildings or out of doors, permits
for use of
Exceptions — Radio, television receiving sets,
pedestrian operated bullhorns, 45

THEATERS
Adult theaters and adult bookstores permit
and license provisions, 791 et seq.
See: ADULT THEATERS AND ADULT
BOOKSTORES PERMIT AND LICENSE
PROVISIONS
Laser pointers
Movie theaters and public events, possession
of laser pointers at, prohibited, 4804

THERMOMETERS
Mercury thermometers, 4200B.1 et seq.
See: MERCURY THERMOMETERS

THROWING OBJECTS
Ball or ring throwing games, 1021

TIMBER

Nuisances
Lumber and timber, piling of, regulated, 69

TIRES
Color tires
Definitions, 4200A.1
Liability, strict, 4200A.2

TOBACCO AND TOBACCO PRODUCTS
Advertising

Tobacco advertising and promotion prohib-
ited, 674
Motor vehicles for hire
All vehicles, provisions governing
Smoking by drivers prohibited, 1098
Nuisances, 52 et seq.
See: NUISANCES
Taxicabs
Operations, regulations governing

Refusal to convey; refusal to obey posted
"no smoking" sign, 1143

Tobacco advertising, ban on, 1147.7

Tobacco products, prohibiting self-service mer-
chandising of, except in places to which
minors have no access, 4600 et seq.
See: TOBACCO PRODUCTS, PROHIBIT-
ING SELF-SERVICE MERCHANDIS-
ING OF, EXCEPT IN PLACES TO
WHICH MINORS HAVE NO ACCESS

San Francisco - Police Code

1690

TOBACCO PRODUCTS, PROHIBITING SELF-
SERVICE MERCHANDISING OF, EXCEPT
IN PLACES TO WHICH MINORS HAVE
NO ACCESS

Definitions, 4600.2

Disclaimers, 4600.7

Enforcement and penalties, 4600.4

Findings and purposes, 4600.1

Other applicable laws, 4600.5

Prohibition of self-service merchandising of
tobacco products except in places to which
minors have no access, 4600.3

Severability, 4600.8

Title, 4600

Voluntary compliance, 4600.6

TOILETS
Disorderly persons, disorderly conduct, 124
et seq.
See: DISORDERLY PERSONS, DISOR-
DERLY CONDUCT

TOW CAR DRIVERS, PERMITS FOR

Application fee, 3003

Application for permit, 3002

Contents, 3006

Expiration, 3008

Interim permit, 3005

Investigation, hearing and issuance of permit,

3004
Permit required, 3000
Possession of driver, 3007
Revocation, 3011
Severability, 3013
Tow car; definition, 3001
Violation; misdemeanor, 3012

TOW CAR FIRMS, PERMITS FOR

Application fees, 3053

Application for permit, 3052

Business records, 3060

Chief of Police authority to issue rules and

regulations, 3061
Definitions, 3051
Display of permit, 3055

TOW CAR FIRMS, PERMITS FOR (Cont'd.)
Existing tow car firms, applicability to; time

limit for filing application, 3055.1
Expiration, 3062

Hearing on suspension or revocation, 3063
Inspection of vehicles, 3059
Insurance, submission of proof of, and other

information, 3058
Investigation, hearing and issuance of permit,

3054
Permit required, 3050
Removal of vehicles from private property,

3057
Severability, 3065

Suspension or revocation, grounds for, 3056
Violation: misdemeanor, 3064

TOWERS AND ANTENNAS
Nuisances
Kite flying prohibited near high voltage lines
and broadcasting towers, 28

TOXIC SUBSTANCES
Employer interference with employee relation-
ships and activities, prohibition of, and
employer drug testing of employees
Toxic substances, medical screening for ex-
posure to, 3300A.6

TOYS
Conduct regulations, miscellaneous
Firearms and weapons
Sling shots or metal knuckles, possession

of, prohibited, 607
Sling shots or toys projecting missiles by
air or gas, sale or possession of, prohib-
ited, 602
Unclaimed property, disposal of, 1405.1

TRADE-IN DEALERS

Secondhand dealers
Trade-in dealers; definition; permit, 1279.3

TRADES
Professions and trades, miscellaneous regula-
tions for, 840 et seq.
See: PROFESSIONS AND TRADES, MIS-
CELLANEOUS REGULATIONS FOR

•

1691

Index

•

TRAFFIC AND VEHICLES
Advertising, 680 et seq.
(See ADVERTISING)
Air travel ticket business
Bond, 1500
Penalty, 1501
Amusements and entertainments
Amusements, licenses for
Mechanical amusement contrivances used
to convey human beings, providing for
inspection and regulation of, 1049
Automobile wreckers, 1239
Filing fees, 1239.1
License, 1239.2
Conduct regulations, miscellaneous
Traffic standards, damaged, to be reported to
Chief of Police, requiring, 633
Disorderly persons, disorderly conduct
Persons convicted of certain crimes required
to register in office of Chief of Police

Driving any motor vehicle by persons con-
victed of certain crimes prohibited with-
out first registering such vehicle in
office of Chief of Police, 250

Employer's bus stands, 1170 et seq.

(See EMPLOYER'S BUS STANDS)
Funeral procession escorts, 385 et seq.

(See FUNERAL PROCESSION ESCORTS)
Garages or parking lots, 795 et seq.

(See GARAGES OR PARKING LOTS)
Heliports, temporary, 3100 et seq.

(See HELIPORTS, TEMPORARY)
Horse-drawn vehicles, 500 et seq.

(See HORSE-DRAWN VEHICLES)
Housing

Human habitation, regulating use of ve-
hicles for. See herein that subject
Human habitation, regulating use of vehicles
for

Definitions, 96

Exception, 97.1

Penalty, 98

Prohibited, 97

TRAFFIC AND VEHICLES (Cont'd.)
Severability, 99

Itinerant shows

Passenger carrying devices permit and li-
cense regulations, 1018
Laser pointers

Directing laser beam into moving vehicle or
onto another person prohibited, 4805
Limousines, 1165 et seq.

(See LIMOUSINES)
Minors

Moving vehicles, minors under 16 years get-
ting on or off, prohibited, 527

Penalty, 528
Mobile caterers, 1320 et seq.

(See MOBILE CATERERS)
Motor vehicles for hire, 1075 et seq.

(See MOTOR VEHICLES FOR HIRE)
Motorized rickshaws, 1160 et seq.

(See MOTORIZED RICKSHAWS)
Noise, 2905 et seq.

(See NOISE)
Nuisances, 2.27.1 et seq.

(See NUISANCES)
Parades and processions, 366 et seq.

(See PARADES AND PROCESSIONS)
Parking lots, 795 et seq.

(See GARAGES OR PARKING LOTS)
Pedicabs, 3901 et seq.

(See PEDICABS)
Police emergency alarm ordinance

Motor vehicle alarm system, 3703
Port area, 1600 et seq.

(See PORT AREA)

Professions and trades, miscellaneous regula-
tions for, 924 et seq.

(See PROFESSIONS AND TRADES, MIS-
CELLANEOUS REGULATIONS FOR)
Ramped taxis, 1148 et seq.

(See RAMPED TAXIS)
Rental vehicles, 1175 et seq.

(See RENTAL VEHICLES)

Supp. No. 2, November 2006

San Francisco - Police Code

1692

TRAFFIC AND VEHICLES (Cont'd.)
Second-hand automobiles or automobile acces-
sories, dealers in, 1235 et seq.
(See SECOND-HAND AUTOMOBILES OR
AUTOMOBILE ACCESSORIES, DEAL-
ERS IN)

Taxicabs, 1120 et seq.

(See TAXICABS)
Tires without identification marks, purchase,

sale, possession of, prohibited, 822
Tow car drivers, permits for, 3000 et seq.

(See TOW CAR DRIVERS, PERMITS FOR)
Tow car firms, permits for, 3050 et seq.

(See TOW CAR FIRMS, PERMITS FOR)
Wreckers of motor vehicles, requiring, to keep
records, 817

TRAILERS AND TRAILER PARKS (See MANU-
FACTURED HOMES AND MANUFAC-
TURED HOME PARKS)

TRAP-DOOR

Sidewalk elevator, etc.
Trap-door, kind of metal guards required for,

948
Trap-door, while open, guards required, 949

TRAPPING
Animals and fowl
Birds, trapping or killing of, prohibited; ex-
ception, 485
Steel-jawed traps, use of, prohibited, 488

TRASH (See SOLID WASTE)

TRESPASSING
Nuisances, 25 et seq.
(See NUISANCES)

TRICK OF THE LOOP (See GAMES OF
CHANCE)

TROLLEY COACHES
Nuisances
Tobacco and tobacco products
Street cars, cable cars, motor coaches and
trolley coaches, smoking in enclosed
section of, prohibited, 51
Penalty, 52

TWIN PEAKS
Prohibition of selling from vehicles, 1320.10.1

— U —

UNCLAIMED PROPERTY, DISPOSAL OF
Abandoned property, 1408
Bicycles and toys, 1405.1
Claim procedure, 1402
Disposal of property, 1404
Hazardous property, 1409
Lost property in possession of Police Depart-
ment, 1400

Notice of sale, 1405
Notification of owner, 1401
Payment of costs, 1403
Police department
Lost property in possession of Police Depart-
ment, 1400
Property in possession of Police Department
when ordinance effective, 1407

Property useful in Police Department, 1406
Property in possession of Police Department
when ordinance effective, 1407

Property useful in Police Department, 1406

UNIVERSITIES (See COLLEGES AND UNIVER-
SITIES)

UNLOADING (See LOADING AND UNLOAD-
ING)

URINATION
Disorderly persons, disorderly conduct, 153

— V —

VALET PARKING
Garages or parking lots, 835 et seq.
(See GARAGES OR PARKING LOTS)

VARIANCE BOARD

Alternate members; meetings, 2912
Appointment; term; compensation; chairman;

rules; ex-officio members, 2911
Establishment; functions; standards; proce-
dures, 2910

•

Supp. No. 2, November 2006

1693

Index

VEHICLES (See TRAFFIC AND VEHICLES)

VEHICLES FOR HIRE (See MOTOR VEHICLES
FOR HIRE)

VETERANS

Street artists
Certificate
Veterans, priority to, 2404.3

— W —

WAIVERS
AIDS and associated conditions, prohibiting
discrimination on basis of
AIDS and associated conditions

Nonwaiverability, 3815
Diseases or afflictions not transmitted by
casual contact
Nonwaiverability, 3859
Bingo games

Waiver of fees, 3219.1
Mechanical amusement devices
Saving clause — Nonwaiver of debts due and
unpaid, 1036.28

WARRANTS (See WRITS, WARRANTS AND
OTHER PROCESSES)

WATER AND SEWERS
Amusements and entertainments
Entertainment regulations for extended-
hours premises
Earplugs and free drinking water, 1070.27
Entertainment regulations permit and li-
cense provisions
Earplugs and free drinking water, 1060.28
Nuisances
Hydrants, obstruction of, prohibited, 74

WATER CONSERVATION
Conduct regulations, miscellaneous, 603 et seq.
(See CONDUCT REGULATIONS, MISCEL-
LANEOUS)

WATERWAYS (See BOATS, DOCKS AND WA-
TERWAYS)

WEAPONS (See FIREARMS AND WEAPONS)

WEIGHT, DISCRIMINATION BECAUSE OF (See
DISCRIMINATION)

WINE (See ALCOHOLIC BEVERAGES)

WIRES (See POLES AND WIRES)

WORKERS' COMPENSATION

Taxicabs

Operations, regulations governing

Service, health and safety

Workers' compensation requirements,
compliance with, 1147.4

WRECKER SERVICES
Automobile wreckers, 1239

Filing fees, 1239.1

License, 1239.2
Tow car drivers, permits for, 3000 et seq.

(See TOW CAR DRIVERS, PERMITS FOR)
Tow car firms, permits for, 3050 et seq.

(See TOW CAR FIRMS, PERMITS FOR)

Traffic and vehicles

Wreckers of motor vehicles, requiring, to
keep records, 817

WRITING UTENSILS

Aerosol paint containers and marker pens,
sale and display of, 4200 et seq.

(See AEROSOL PAINT CONTAINERS AND
MARKER PENS, SALE AND DISPLAY
OF)

Hypodermic needles or syringes, replica, pro-
hibiting sale or possession of, 4100 et seq.

(See HYPODERMIC NEEDLES OR SY-
RINGES, REPLICA, PROHIBITING
SALE OR POSSESSION OF)

Minors

Aerosol paint, prohibition of sale of, to mi-
nors, 554

Permanent markers, sale of, to minors and
possession of permanent markers by mi-
nors without supervision or authoriza-
tion prohibited, 555

Supp. No. 2, November 2006

San Francisco - Police Code 1694

WRITS, WARRANTS AND OTHER PROCESSES

Amusements and entertainments
Entertainment regulations for extended-
hours premises
Stay orders, 1070.21
Bingo games

Injunction, 3225
Citations for violations of certain provisions of
Health Code and Police Code, 1550 et seq.
(See CITATIONS FOR VIOLATIONS OF
CERTAIN PROVISIONS OF HEALTH
CODE AND POLICE CODE)
Housing
Discrimination in housing against families
with minor children
Injunctive relief, 107.2
Poker games

Injunction, 3222A
Professions and trades, miscellaneous regula-
tions for
Grocery stores
Injunctive relief, 903

— Y —

YARDS AND OPEN SPACES

Mobile caterers

'P' districts and open space districts on Twin
Peaks, prohibition of selling from ve-
hicles in, 1320.10.1

•

Supp. No. 2, November 2006

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