§ 974.10-1.

ISSUANCE OF JUNK DEALERS PERMIT

The Chief of Police shall hear and decide the application within a reasonable time after conducting the hearing. In deciding the application, the Chief of Police may exercise his or her discretion as to whether the permit should be granted or denied. The Chief of Police may take into account the following considerations in determining whether to issue a junk dealer permit:

a.

Whether any 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 Housing Codes of the City and County of San Francisco;

b.

Whether the applicant has appropriate or required permits for welding, use of propane tanks, or cutting torches operated by compressed gasses if the permit holder will use such items in the business;

c.

Whether the applicant, including any officers, partners or shareholders owning 10 percent or larger ownership interest in the applicant, or any proposed authorized agent of the applicant, has been convicted of or pled guilty or no contest to a Covered Crime, or has committed a Covered Crime within the last ten years. A conviction, plea, or commission of a Covered Crime in the ten-year period shall not be an automatic bar to granting the permit. The Chief of Police shall consider criminal history on a case-by-case basis with due consideration given to the following factors:

1.

the nature and gravity of the offense;

2.

the time elapsed since the offense;

3.

age at the time of the offense;

4.

frequency of Covered Crimes;

5.

evidence of rehabilitation; and

6.

any other mitigating circumstances;

d.

Whether the proposed location of the business 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.

Whether the applicant, any officer, partner or shareholders owning 10 percent or larger ownership interest in the applicant, or any proposed authorized agent of the applicant, has had a permit or license revoked or suspended that was issued by the State of California or the City and County of San Francisco or other government agency to engage in a business or profession within the State of California because of a violation of law or because of violation of regulations promulgated by the regulating agency having control or jurisdiction over the license or permit. The Chief of Police shall consider prior suspensions or revocations on a case-by-case basis with due consideration given to the following factors:

1.

the facts underlying the suspension and/or revocation;

2.

the nature and gravity of the underlying violations of law or regulation;

3.

the time elapsed since the suspension or revocation; and

4.

any other mitigating circumstance;

provided that the Chief of Police shall not consider any such revocation if it occurred more than ten years prior to the date of the application;

f.

Whether the applicant, any officer, partner or shareholders owning 10 percent or larger ownership interest in the applicant, or any proposed authorized agent of the applicant, has had civil penalties imposed by a court or other government agency related to the operation of a junk dealer or hazardous materials or the environment within the past ten years prior to the date of application. The Chief of Police shall consider the imposition of civil penalties on a case-by-case basis with due consideration given to the following factors:

1.

the facts underlying the imposition of civil penalties;

2.

the nature and gravity of the underlying violations of law or regulation;

3.

the time elapsed since the imposition of civil penalties; and

4.

any other mitigating circumstance;

g.

Whether the applicant, any officer, partner or shareholders owning 10 percent or larger ownership interest in the applicant, or any proposed authorized agent of the applicant has violated any of the provisions of this Article or conditions placed upon a prior junk dealer permit within the last ten years. The Chief of Police shall consider the violations of this Article or imposed permit conditions on a case-by-case basis with due consideration given to the following factors:

1.

the facts underlying the violations of this Article or imposed permit conditions;

2.

the nature and gravity of the underlying violations of this Article or imposed permit conditions;

3.

the time elapsed since the underlying violations of this Article or imposed permit conditions occurred; and

4.

any other mitigating circumstance;

h.

Whether the applicant, any officer, partner or shareholders owning 10 percent or larger ownership interest in the applicant, or any proposed authorized agent of the applicant, has created, caused, or contributed to the creation or maintenance of a public nuisance in the operation of the junk dealer business;

i.

Whether the application contains intentionally false or misrepresented information, or omits required or material information; and

j.

Whether granting the permit is consistent with the public interest, health, safety and welfare.

The Chief of Police may grant a junk dealer permit while not approving one or more of an applicant’s proposed authorized agents. The Chief of Police’s denial of a junk dealer permit application or denial of a proposed authorized agent shall be subject to the provisions outlined in San Francisco Business and Tax Regulations Code Section 31.

History

(Added by Ord. 136-75, App. 4/14/75; amended by Ord. 69-05, File No. 050178, App. 4/15/2005; Ord. 2-13 , File No. 120434, App. 1/24/2013, Eff. 2/23/2013)

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