§ 974.11.

SUSPENSION OR REVOCATION OF PERMIT

The Chief of Police may suspend or revoke any permit issued to a junk dealer and may withdraw approval to one or more authorized agents of a permittee after a hearing for cause.

a.

Cause may include:

1.

Violations of any of the provisions of this Article or conditions placed upon the permit, or any rules and regulations issued by the Chief of Police under Section 974.2(f), including violations by any authorized agent, where the permit holder knew or should have known of the violation;

2.

Refusal to permit periodic and other inspections as provided for by Chapter 9, Article 3 (commencing with Section 21600) of the California Business and Professions Code;

3.

Violations of Chapter 9, Article 3 (commencing with Section 21600) of the California Business and Professions Code relating to the operations of a junk dealer;

4.

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;

5.

Failure to maintain records and documentation as required by Chapter 9, Article 3 (commencing with Section 21600) of the California Business and Professions Code;

6.

Use of welding equipment, propane tanks, or cutting torches operated by compressed gasses without valid permits;

7.

The permittee, or any authorized agent of the permittee, has created, caused, or contributed to the creation or maintenance of a public nuisance in the operation of the junk dealer business; and

8.

The permittee, or any authorized agent of the permittee, has operated the junk dealer business or junk yard in a manner contrary to the public interest, health, safety or welfare.

b.

The standard of proof at the hearing shall be preponderance of the evidence.

c.

The Chief of Police’s decision to suspend or revoke a junk dealer permit or to withdraw approval for an authorized agent of a permittee shall be subject to the provisions outlined in San Francisco Business and Tax Regulations Code Section 31.

d.

Notwithstanding Section 8(i)(5) of the Business and Tax Regulations Code, the filing of an appeal with the Board of Appeals from a decision of the Chief of Police to suspend or revoke a junk dealer permit or to withdraw approval for an authorized agent of a permittee shall not effect a suspension of the Chief of Police’s action.

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)

Download

  • Plain Text
  • JSON

Comments