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SB-925 City and County of San Francisco: merchandising sales.(2023-2024)

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Date Published: 06/27/2024 04:00 AM
SB925:v96#DOCUMENT

Amended  IN  Assembly  June 26, 2024
Amended  IN  Assembly  June 03, 2024
Amended  IN  Senate  March 20, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 925

Introduced by Senator Wiener
(Coauthor: Assembly Member Haney)

January 11, 2024

An act to amend Section 51037 of the Government Code, and to add and repeal Section 496f to of the Penal Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


SB 925, as amended, Wiener. City and County of San Francisco: merchandising sales.
Under existing law, knowingly buying or receiving stolen property or property that has been obtained in any manner constituting theft or extortion, as specified, is punishable as either a misdemeanor or a felony if the value of the property exceeds $950. Existing law authorizes a local authority to, by ordinance or resolution, adopt requirements regulating the time, place, and manner of sidewalk vending if the requirements are directly related to objective health, safety, or welfare concerns. Existing law prohibits a local authority from regulating sidewalk vendors, except in accordance with certain provisions.
This bill bill, until January 1, 2030, would authorize the City and County of San Francisco to adopt an ordinance prohibiting the sale of specified merchandise on public property without a permit, if the ordinance includes specified written findings, including, among other things, 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. The bill would require an ordinance adopted by the City and County of San Francisco to, among other things, identify a local permitting agency that is responsible for administering a permit system. The bill would authorize the ordinance to provide that selling merchandise without a permit is punishable as an infraction, and that subsequent violations after 2 prior convictions is an infraction or a misdemeanor punishable by imprisonment in the county jail not exceeding 6 months. By creating a new crime, the bill would impose a state-mandated local program.
This bill would require, if an ordinance is adopted, the City and County of San Francisco to submit a report to the Legislature by January 1, 2029, that includes specified information, including, among other things, the list or lists of merchandise that the City and County of San Francisco determined was a common target of retail theft. The bill would require the City and County of San Francisco to administer a public information campaign for at least 30 calendar days prior to the enactment of the ordinance, including public announcements in major media outlets and press releases.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 51037 of the Government Code is amended to read:

51037.
 (a) A local authority shall not regulate sidewalk vendors except in accordance with Sections 51038 and 51039.
(b) This chapter shall not be construed to affect the applicability of Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code to a sidewalk vendor who sells food.
(c) This chapter shall not be construed to require a local authority to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the requirements in this chapter.
(d) This chapter shall not be construed to affect the applicability of state or local laws that prohibit the purchase or sale of stolen property, including, but not limited to, Section 496 or 496f of the Penal Code.

SEC. 2.

 Section 496f is added to the Penal Code, to read:

496f.
 (a) 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. Merchandise shall not include food items, unless those food items are prepackaged and not prepared for sale onsite. If the city and county passes such an ordinance, the ordinance shall include all of the following written findings:
(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.
(b) An ordinance adopted pursuant to this section may remain in effect for up to three years, subject to annual renewal of the written findings.
(c) (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.
(d) An ordinance may provide that selling merchandise without a permit is punishable as an infraction, and that subsequent violations after two prior convictions are infractions or misdemeanors punishable by imprisonment in the county jail not exceeding six months.
(e) (1) If an ordinance is adopted pursuant to this section, the City and County of San Francisco shall, by January 1, 2029, submit a report to the relevant committees of the Legislature that includes all of the following:
(A) The local permitting agency that was made responsible for administering the permit system.
(B) The rules and procedures the permitting agency adopted for administering the permit system.
(C) The list or lists of merchandise that the City and County of San Francisco determined was a common target of retail theft.
(D) Whether the City and County of San Francisco elected to renew its ordinance and, if so, when.
(E) The total number of permits issued pursuant to this section.
(F) The method by which the local permitting agency determined whether an applicant for a permit was able to demonstrate that they obtained merchandise lawfully and not through theft or extortion.
(G) The total number of infractions and misdemeanors issued, and the number for which convictions were reached.
(H) The perceived race or ethnicity, gender, and age of the person issued an infraction or misdemeanor, provided that the identification of these characteristics was solely based on the observation and perception of the local authority who issued the infraction or misdemeanor.
(I) The actions taken by a local authority when issuing infractions or misdemeanors, including, but not limited to, all of the following:
(i) Whether the local authority asked for consent to search the person, and, if so, whether consent was provided.
(ii) Whether the local authority searched the person or any property, and, if so, the basis for the search and any contraband or evidence discovered.
(iii) Whether the local authority seized any property and, if so, the type of property that was seized and the basis for seizing the property.
(2) A report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
(f) The City and County of San Francisco shall administer a public information campaign for at least 30 calendar days prior to the enactment of an ordinance pursuant to this section, including public announcements in major media outlets and press releases.

(e)Nothing in this

(g) This section shall not be construed to affect the applicability of other state or local laws, including, but not limited to, Section 496.
(h) This section shall become inoperative on January 1, 2030, and as of that date is repealed.

SEC. 3.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to address the issues relative to fencing and retail theft operations in the City and County of San Francisco.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.