The following words shall have the signification attached to
them in this section, unless otherwise clearly apparent from the context.
means and includes any room, store or place in the City in
which the business of a pawnbroker is engaged in or carried on, or
conducted.
means and includes any person, other than banks, trust companies,
or bond brokers who may otherwise be regulated by law and authorized
to deal in commercial papers, shares of stock, bonds, and other certificates
of value, who keeps a loan or pawn office, or engages in or carries
on the business of receiving jewelry, precious stones, valuables,
firearms, clothing, or personal property, or any other article or
articles of pledge for loans, or as security, or in pawn for the repayment
of moneys, and exacts an interest for such loans, or who purchases
articles of personal property and agrees to resell such articles so
purchased, to the vendors thereof, or their assigns, at prices agreed
upon at or before the time of such purchases respectively.
(1435 § 2, 1975; 2808 § 1, 2012)
No person shall engage in, carry on, or conduct the business
of a pawnbroker in the City without first having obtained a permit
and license from the City, and complying with any and all requirements
and regulations contained and set forth in this chapter. The permit
shall be displayed on the premises during business hours.
(1435 § 2, 1975; 2808 § 1, 2012)
A.
Each
person, before obtaining a permit to carry on the business of pawnbroker,
shall make a written application to and upon blanks furnished by the
Police Chief, which application shall be signed by the applicant.
In addition to any other information that may reasonably be required
by the Police Chief, the application shall show the true name of the
applicant, his or her fictitious name or names (if any), his or her
age, his or her present address in the City or elsewhere, the name
under which the applicant conducted any similar business (if any),
and the place of his or her residence at such time, within 12 months
preceding the date of such application. The applicant shall furnish
with his or her application a recent photograph of him or herself
and his or her fingerprints to the Police Chief.
B.
The
Police Chief shall not issue the permit to the applicant unless it
reasonably appears to him or her, after investigation, that the applicant
possesses good moral character and is a proper person to conduct such
business. The Police Chief shall issue such permit to the applicant
or deny such application within 60 days from the date thereof.
(1435 § 2, 1975; 2808 § 1, 2012)
A.
The
City Council may revoke or suspend the permit and license of any person
holding same in the City, upon receiving satisfactory evidence that
the permittee or licensee has been convicted of, or has entered a
plea of guilty to, any violation of the provisions of this chapter,
or any other law or ordinance of the City or state relating to such
business, or upon the recommendation of the Police Chief.
B.
Whenever
a permit or license has been revoked under the terms of this section,
no other application for a permit to carry on a similar business by
such person shall be considered for a period of one year from the
date of such revocation.
(1435 § 2, 1975; 2808 § 1, 2012)
A.
Every
person maintaining, carrying on, or conducting the business of a pawnbroker
shall pay the license fee required by the licensing provision of this
Code, but such license fee shall not include the right to carry on
the business of a secondhand dealer. The payment of the license includes
the right to employ one or more persons to assist in carrying on the
business at the place of business of the pawnbroker.
B.
Any
person desiring to carry on the business of a pawnbroker shall file
with the Finance Director a bond of indemnity in the sum of $5,000.00,
to the City, the bond to be in full force and effect during the life
of the license under which the person is carrying on such business,
executed by a surety company authorized to do business as such in
the state, which bond shall be given to ensure good faith and fair
dealing on the part of the applicant, and as a guarantee of indemnity
for any and all loss, damage, injury, theft, or other unfair dealings
suffered by any patron of the applicant during the term of the license
therein mentioned. The bond shall be approved as to form by the City
Attorney. In lieu of the bond provided above, cash or a time certificate
deposit from a financial institution, made payable to the City of
Garden Grove may be substituted, subject to the approval as to form
by the City Attorney.
C.
No license
issued under the provisions of this chapter shall be transferable
and no person shall conduct the business of a pawnbroker under the
permit and license of another person, except as hereinbefore provided.
(1435 § 2, 1975; 1458 § 1, 1975; 2808 § 1, 2012)
Every pawnbroker shall, at the time of purchase or pledge of
any property, make out, on forms as prescribed by the Police Chief
for pawnbrokers, a full, true, and complete report of all goods or
things received on deposit, pledged or purchased by him or her, and
such report shall show the hour of the day when each such article
is received, and the true name and address, as nearly as the same
is known to, or can be ascertained by, such pawnbroker, as evidenced
by an operator's license, vehicle license, work badge number, etc.,
and the personal signature of the person or persons by whom such article
was left on deposit or pledged or sold, together with a description
of such person or persons as required by the Police Chief. Such report
shall give also the number of the pawn ticket, the amount loaned or
the amount of the purchase, as the case may be, and a complete description
of each article left on deposit or pledged or purchased. If any article
so left on deposit or pledged or purchased bears any number, word
or initials, they shall be indicated, and the report shall also show
the number of settings and the number of each kind thereof. A complete
description of articles, including manufacturer's name, model numbers,
serial numbers, identification marks, inscriptions or other peculiarities
and color of the article, shall be included in the report. The forms
as prescribed by this section shall be supplied by the Police Department.
Every pawnbroker shall, on each day before 10:00 a.m., deliver, to
the Police Chief, the original, third, and fourth copies of such reports
made out during the day preceding the filing of such reports.
(1435 § 2, 1975; 2808 § 1, 2012)
All reports to be filed with the Police Chief as required in
this chapter shall be kept on file by the Police Chief in a secure
place in the Police Department. The reports shall be open to the Police
Department, or upon an order of a court of competent jurisdiction
made for that specific purpose.
(1435 § 2, 1975; 2808 § 1, 2012)
Every person engaged in the business of a pawnbroker in the
City shall keep a complete copy of the reports required by this chapter.
Every such record, and all goods and things pledged to, or purchased
by or received by any such pawnbroker, shall be open at all times
during business hours to the inspection of the Police Chief or any
police officer of the City.
(1435 § 2, 1975; 2808 § 1, 2012)
Every report and record required by this chapter shall be written
or printed entirely in the English language in a clear and legible
manner.
(1435 § 2, 1975; 2808 § 1, 2012)
No pawnbroker shall sell or otherwise dispose of any article,
goods, or other thing within 30 days after the purchase or receipt
thereof. The provisions of this section shall not apply to a return
of any articles, goods, or other things where the return is to the
person who originally sold or otherwise made the article or goods
available to the pawnbroker.
(1435 § 2, 1975; 2808 § 1, 2012)
No person carrying on or conducting the business of a pawnbroker shall repledge or hypothecate any article that he or she has in his or her possession, and received in the due course of his or her business, for the purpose of borrowing money or otherwise, without making a full and true report to the Police Chief, as required by Section 5.36.060, of such article so repledged and hypothecated, the person to whom so pledged or hypothecated, and the amount borrowed on same, together with the name of the original pledgor.
(1435 § 2, 1975; 2808 § 1, 2012)
No pawnbroker shall purchase or take as a pledge, or otherwise,
any goods offered him or her from any minor under the age of 18 years.
Any statement made to such dealer, employee, or purchaser by a person
under the age of 18 years to the effect that he or she is over 18
years of age shall not excuse such dealer or employee from any violation
of this section.
(1435 § 2, 1975; 2808 § 1, 2012)
Upon the expiration of any license issued under the provisions of this chapter, the holder thereof shall be entitled to a new license for the ensuing year without making a new application and obtaining a new permit therefor, upon payment of the required license fee, provided the Police Chief has endorsed upon the permit his or her approval, and the issuance of a new license for the ensuing year, provided that bond, as provided in Section 5.36.050, has been furnished.
(1435 § 2, 1975; 2808 § 1, 2012)
A peace officer may place a "hold order" upon property that
he or she has reason to believe is stolen, acquired by a pawnbroker
in the course of his or her business, for a period of 90 days, and
upon release of such property the dealer will keep a record of the
disposition of such property. It is unlawful for any person to dispose
of any property contrary to any hold order by a peace officer.
(1435 § 2, 1975; 2808 § 1, 2012)
A.
No person
who sells or otherwise disposes of goods, wares, or merchandise to
a permittee conducting a business listed in this chapter or to the
permittee's employee or agent shall fail or refuse to give his or
her true name, correct age, and correct address.
B.
No person
shall use a fictitious name or address when selling, pledging, or
leaving any property on deposit as provided in this chapter.
(1435 § 2, 1975; 2808 § 1, 2012)
All articles left on consignment with a pawnbroker shall be reported as such, as prescribed in Section 5.36.060.
(1435 § 2, 1975; 2808 § 1, 2012)
Every pawnbroker shall keep an account of all cash sales, with
date, to whom sold, address of purchaser, and a full description of
merchandise sold.
(1435 § 2, 1975; 2808 § 1, 2012)
Pawnbroker's purchases, sales, and reports to the Police Department
shall be maintained for at least three years.
(1435 § 2, 1975; 2808 § 1, 2012)
It is unlawful for any person operating, managing, or carrying
on the business of a pawnbroker to permit, allow, or conduct an auction
sale on his or her premises, except under the following conditions:
A.
Notice
to police department. The pawnbroker shall give 10 days' notice, in
writing, to the Police Department, prior to commencing such auction
sale. Such notice is to contain location of sale, name of auctioneer,
date of sale, hours to be conducted, and a complete list of all property
to be sold at such sale with detailed identifying description of the
property, including the original loan number.
B.
Unredeemed
pledges. The only property that may be sold at an auction sale at
such location shall be the unredeemed pledges in the original condition
in which such property was received by the pawnbroker and as listed
in the notice. Each such unredeemed pledge shall have attached to
it a tag describing it, the original loan number, and the number of
the item on the list in the notice. Property not listed in the notice
shall not be sold at such auction sale.
C.
Two-day
limit. The total time during which a pawnbroker may conduct auction
sales shall not exceed two days in any calendar month.
(1435 § 2, 1975; 2808 § 1, 2012)
