How the San Francisco Giants are LYING When They Say “Ticket Scalping is Illegal” in San Francisco

C’mon focus, look at the sign, as seen this morning by Stanley Roberts of People Behaving Badly and KRON-TV

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Now it could be that this is what the San Francisco Giants organization wishes Police Code Section 869 would say, but this aint what it says.

Comes now SF Weekly writer Joe Eskenazi:

“…according to the police code cited on the sign (Good Ol’ No. 869) scalping is not strictly illegal: This is a code that prohibits folks from selling wares on the street without a peddlers’ permit. This means folks who sell their tickets online or out of their homes or offices are not violating the law. And your humble narrator was unable to find anything within the police code stating that people who buy wares from unlicensed peddlers are subject to arrest…”

So, Giants, why don’t you take these signs down, or change them? 

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. 

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. 

(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. 

(c) A set of fingerprints as required by the 
Chief. 

(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. 

(c) A set of fingerprints as required by the 
Chief of Police. 

(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. 

(c) Peddling by a peddler employee at a 
location not approved by the Chief of Police. 

(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)

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