(a) Notwithstanding Section 51037, the City and County of San Francisco may adopt an ordinance requiring a permit for the sale, on public property, including public streets or sidewalks, of merchandise that the City and County of San Francisco has determined is a common target of retail theft. If the city and county passes an ordinance pursuant to these provisions, the ordinance shall include all of the following written findings supported by substantial evidence in the record: (1) That there has been a significant pattern of merchandise being the subject of retail theft and then appearing for sale on public property within the City and County of San Francisco. (2) That requiring a permit to sell will further the objective of preventing retail theft. (3) That there are reasonable permit requirements to enable the lawful sale of merchandise and to safeguard civil rights. (4) That multiple non-law-enforcement measures to address the resale of stolen goods were attempted prior to adopting the ordinance, including opening marketplaces where vendors may sell items, reducing or removing permit fees, expanding efforts to combat retail theft, partnering with local nonprofit organizations to triage needs of vendors and their families, and offering wraparound support services, resource fairs, marketing support, trainings on entrepreneurship and business development, workforce development opportunities, and support to open brick and mortars if desired. (b) For purposes of this section, âmerchandiseâ does not include either of the following: (1) Food items that are prepared for sale onsite. (2) A prepackaged food item, including a bag of chips or a nonalcoholic beverage, that is sold along with a food item that is prepared for sale onsite. (c) An ordinance adopted pursuant to this section may remain in effect for up to three years, subject to annual approval of the written findings by resolution of the Board of Supervisors of the City and County of San Francisco, and subject to the filing of an annual report pursuant to subdivision (i). (d) (1) An ordinance adopted pursuant to this section shall identify a local permitting agency, separate from the San Francisco Police Department, that shall be responsible for administering a permit system. (2) The permitting agency shall adopt rules and procedures for administering the permit system. (3) The permitting agency shall issue permits to persons who are able to demonstrate that they obtained the merchandise lawfully and not through theft or extortion. (e) (1) An ordinance may provide that selling merchandise without a permit is punishable as follows: (A) For a first violation, the permitting agency shall issue a written warning. (B) Second and third violations within 18 months of the time of the first violation shall be punishable as infractions. (C) Subsequent violations after three prior violations, and that occur within 18 months of the time of the first violation, shall be punishable as infractions or misdemeanors by imprisonment in the county jail not to exceed 6 months, or by both that imprisonment and a fine. (2) A violation of this section resulting in a misdemeanor or infraction shall be eligible for dismissal pursuant to Section 1203.4a or 1203.425 of the Penal Code, as applicable. (f) (1) At least 60 calendar days prior to the enactment of an ordinance pursuant to this section, the City and County of San Francisco shall hold one or more workshops to inform the development of the ordinance by soliciting feedback from the vendor community. The workshop shall solicit input on the proposed ordinance, including, but not limited to, input regarding the methods by which street vendors currently acquire goods and feasible methods by which street vendors can keep records. (2) For at least 30 calendar days prior to the enactment of an ordinance pursuant to this section, the City and County of San Francisco shall administer a public information campaign, including public announcements in m
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