Committee advances repeal of antiquated police-code provisions; secondhand-dealer repeal sent to full Board without recommendation

The committee on Aug. 1 took up two related ordinances sponsored by Supervisor Wiener: one would remove several antiquated provisions from the Police Code, including a ban on briefly fastening leashed dogs to street trees and poles; the other would repeal the local secondhand-dealer permit and related reporting requirements for antique and used-goods retailers.

Wiener described the package as pro-small-business and aimed at removing "antiquated" and onerous requirements that can cost merchants $1,500 or more, require fingerprinting and a photograph, and mandate daily recordkeeping of buyers. He cited enforcement letters that had surprised long-established shop owners.

The Small Business Commission endorsed both measures. But Deputy Chief Jim Dudley of the San Francisco Police Department warned the committee that repealing the whole secondhand-dealer section (12.76'12.82) could remove tools investigators use to track stolen property and might conflict with state business-and-professions provisions; he cited anecdotal cases of recovered property tied to secondhand dealers and estimated the department recovers about $277,000 for background checks and permitting.

Multiple small-business owners spoke during public comment. Russell Pritchard, who said he operated Zonal Home Interiors for 22 years, described receiving a certified letter demanding compliance and called the law "very antiquated." Kelly Ishkawa, Kelly Hensley, Angie Pettit Taylor, Chris Albanese and Miguel Lopez all said the fees and daily-reporting requirements are financially and operationally burdensome for antique and consignment shops, and that the rules feel invasive to customers.

Supervisors acknowledged the police department's concerns and discussed possible compromises: lowering fees, reducing reporting frequency (e.g., every 30 or 60 days instead of daily), and preserving state-mandated live-scan fingerprinting or specific permits (for firearms or junk dealers) while removing other local burdens. Supervisor Wiener said he would convene one more meeting with the Chief to clarify language and avoid inconsistent messaging from the department.

On the motions, the committee voted (by unanimous consent) to forward Item 1 (the secondhand-dealer repeal) to the full Board without recommendation for the Sept. 4 meeting to allow finalization of language after further discussion; Item 2 (repeal of antiquated provisions including the dog-tie prohibition) was forwarded to the full Board with a positive recommendation.

The committee record shows continued negotiation between the sponsor and the Police Department over which recordkeeping and reporting requirements (if any) should remain in local law to support investigations of burglary and fencing offenses.