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SB 925 · 2023-24

Lets San Francisco require permits for some sales

Official subject City and County of San Francisco: merchandising sales.

Didn't pass Passed Senate, stopped in Assembly · Held in committee

Plain-language summary

Until 2030, San Francisco may pass an ordinance banning sales of certain merchandise on public property without a permit. The city must first find a pattern of stolen goods being resold there. Violations can be infractions, or misdemeanors after 2 prior convictions. The city must run a 30-day public information campaign and report to the Legislature by 2029.

How these summaries are written

Subject changed

This bill originally dealt with a Bay Area transportation revenue measure; it was rewritten to cover permits for selling merchandise in San Francisco.

Official summary · Legislative Counsel's Digest

Describes the final version (Amended Assembly, June 26, 2024).

Read the official summary (6 paragraphs)

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, 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.

Official title

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

Timeline

  1. Jan. 11, 2024 Introduced
  2. May 2, 2024 Passed Senate 38 yes, 0 no
  3. Aug. 15, 2024 Stopped in the Assembly Held in committee
Full official history (17 actions)
  1. Jan. 11, 2024 Introduced: Introduced. Read first time. To Com. on RLS. for assignment. To print.
  2. Jan. 12, 2024 From printer. May be acted upon on or after February 11.
  3. Feb. 14, 2024 Referred to Com. on RLS.
  4. March 20, 2024 From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
  5. April 3, 2024 Re-referred to Com. on G.O.
  6. April 9, 2024 Set for hearing April 23.
  7. April 23, 2024 From committee: Do pass. Ordered to consent calendar. (Ayes 16. Noes 0. Page 3721.) (April 23).
  8. April 24, 2024 Read second time. Ordered to consent calendar.
  9. May 2, 2024 Passed Senate: Read third time. Passed. (Ayes 38. Noes 0. Page 3829.) Ordered to the Assembly.
  10. May 2, 2024 In Assembly. Read first time. Held at Desk.
  11. June 3, 2024 Referred to Coms. on L. GOV. and PUB. S.
  12. June 3, 2024 From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV.
  13. June 26, 2024 From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 8. Noes 0.) (June 26). Re-referred to Com. on PUB. S.
  14. June 26, 2024 From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
  15. July 3, 2024 From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 2). Re-referred to Com. on APPR.
  16. Aug. 7, 2024 August 7 set for first hearing. Placed on suspense file.
  17. Aug. 15, 2024 August 15 hearing: Held in committee and under submission.