CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 276Introduced by Senator Wiener(Coauthors: Assembly Members Haney and Stefani)February 04, 2025An act to add and repeal Section 53076.5 of the Government Code, relating to local government.LEGISLATIVE COUNSEL'S DIGESTSB 276, as introduced, 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 prohibits a local authority from regulating sidewalk vendors, except in accordance with certain provisions, including that a local authority may, 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.This bill, until January 1, 2034, 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.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, 2033, 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 53076.5 is added to the Government Code, to read:53076.5. (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. Merchandise shall not include food items, unless those food items are prepackaged and not prepared for sale onsite. If the city and county passes an ordinance pursuant these provisions, 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, 2033, 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.(g) This section shall not be construed to affect the applicability of other state or local laws, including, but not limited to, Section 496 of the Penal Code.(h) This section shall become inoperative on January 1, 2034, and as of that date is repealed.SEC. 2. 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.
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 276Introduced by Senator Wiener(Coauthors: Assembly Members Haney and Stefani)February 04, 2025An act to add and repeal Section 53076.5 of the Government Code, relating to local government.LEGISLATIVE COUNSEL'S DIGESTSB 276, as introduced, 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 prohibits a local authority from regulating sidewalk vendors, except in accordance with certain provisions, including that a local authority may, 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.This bill, until January 1, 2034, 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.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, 2033, 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Senate Bill
No. 276
Introduced by Senator Wiener(Coauthors: Assembly Members Haney and Stefani)February 04, 2025
Introduced by Senator Wiener(Coauthors: Assembly Members Haney and Stefani)
February 04, 2025
An act to add and repeal Section 53076.5 of the Government Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 276, as introduced, 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 prohibits a local authority from regulating sidewalk vendors, except in accordance with certain provisions, including that a local authority may, 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.This bill, until January 1, 2034, 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.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, 2033, 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.
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 prohibits a local authority from regulating sidewalk vendors, except in accordance with certain provisions, including that a local authority may, 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.
This bill, until January 1, 2034, 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.
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, 2033, 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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 53076.5 is added to the Government Code, to read:53076.5. (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. Merchandise shall not include food items, unless those food items are prepackaged and not prepared for sale onsite. If the city and county passes an ordinance pursuant these provisions, 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, 2033, 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.(g) This section shall not be construed to affect the applicability of other state or local laws, including, but not limited to, Section 496 of the Penal Code.(h) This section shall become inoperative on January 1, 2034, and as of that date is repealed.SEC. 2. 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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 53076.5 is added to the Government Code, to read:53076.5. (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. Merchandise shall not include food items, unless those food items are prepackaged and not prepared for sale onsite. If the city and county passes an ordinance pursuant these provisions, 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, 2033, 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.(g) This section shall not be construed to affect the applicability of other state or local laws, including, but not limited to, Section 496 of the Penal Code.(h) This section shall become inoperative on January 1, 2034, and as of that date is repealed.
SECTION 1. Section 53076.5 is added to the Government Code, to read:
### SECTION 1.
53076.5. (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. Merchandise shall not include food items, unless those food items are prepackaged and not prepared for sale onsite. If the city and county passes an ordinance pursuant these provisions, 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, 2033, 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.(g) This section shall not be construed to affect the applicability of other state or local laws, including, but not limited to, Section 496 of the Penal Code.(h) This section shall become inoperative on January 1, 2034, and as of that date is repealed.
53076.5. (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. Merchandise shall not include food items, unless those food items are prepackaged and not prepared for sale onsite. If the city and county passes an ordinance pursuant these provisions, 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, 2033, 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.(g) This section shall not be construed to affect the applicability of other state or local laws, including, but not limited to, Section 496 of the Penal Code.(h) This section shall become inoperative on January 1, 2034, and as of that date is repealed.
53076.5. (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. Merchandise shall not include food items, unless those food items are prepackaged and not prepared for sale onsite. If the city and county passes an ordinance pursuant these provisions, 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, 2033, 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.(g) This section shall not be construed to affect the applicability of other state or local laws, including, but not limited to, Section 496 of the Penal Code.(h) This section shall become inoperative on January 1, 2034, and as of that date is repealed.
53076.5. (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. Merchandise shall not include food items, unless those food items are prepackaged and not prepared for sale onsite. If the city and county passes an ordinance pursuant these provisions, 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, 2033, 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.
(g) This section shall not be construed to affect the applicability of other state or local laws, including, but not limited to, Section 496 of the Penal Code.
(h) This section shall become inoperative on January 1, 2034, and as of that date is repealed.
SEC. 2. 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. 2. 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. 2. 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.
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