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Board continues tow‑operator permit appeal and orders SFPD clarification
Summary
The Board continued Henry Johnson’s appeal over SFPD tow‑operator permit action to Nov. 7 and directed the Police Department to issue a clarifying statement about whether the action was a denial or revocation and which permits were affected.
SAN FRANCISCO — The San Francisco Board of Appeals on Sept. 19 continued the appeal of tow‑operator Henry Johnson to Nov. 7 and asked the San Francisco Police Department’s Permit Bureau to issue a clarifying statement about the departmental action under appeal.
Officer Feneris, appearing for SFPD, told the Board the denial related to an incomplete application and missing fingerprints required under municipal police code section 3003(b); a subsequent criminal-history check showed arrests in February 2007 and convictions in 2009 for reckless driving and malicious mischief to a vehicle. Officer Feneris said he had repeatedly requested fingerprints and the application remained incomplete until April 2012.
Johnson said he has held a tow‑operator permit in San Francisco for many years and renewed an existing permit in late 2011, but was confused by conflicting departmental letters that referenced both denial and revocation for different company affiliations (Nelson’s Towing and Bay Bridge). The Board found the record unclear which action (a denial of a new permit, a revocation of an existing permit or both) was properly before it.
The Board directed SFPD to issue a clarifying departmental action by Oct. 3, allowed the appellant until Oct. 18 to file additional briefing, and set a response deadline for the department by Nov. 1. The matter was continued to Nov. 7. The motion to continue passed 3–0.
What’s next: SFPD to provide the clarifying letter; the Board will consider additional briefing and the clarified record at its Nov. 7 meeting.
