means and includes any person engaged in or conducting the
business in the City of buying and selling, as owner or consignee,
or exchanging any secondhand goods in any manner other than as a pawnbroker.
A secondhand or new car dealer is specifically excluded from this
definition, and from compliance with this chapter.
(1436 § 1, 1975; 2808 § 1, 2012)
The provisions of this chapter have no application to a person
whose sales of secondhand merchandise are confined to the disposal
of goods accepted in trade and as part payment for new merchandise;
provided such person shall be the holder of a valid license issued
by the City to cover his or her regular business activity.
(1436 § 1, 1975; 2808 § 1, 2012)
No person shall engage in, carry on, or conduct the business
of a secondhand dealer 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.
(1436 § 1, 1975; 2808 § 1, 2012)
A.
Each
person, before obtaining a permit to carry on the business of a secondhand
dealer, 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.
(1436 § 1, 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.
(1436 § 1, 1975; 2808 § 1, 2012)
A.
For
purposes of this chapter, only those items designated on official
information orders of the Garden Grove Police Department shall have
to be reported.
B.
Those
items reported 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 secondhand dealer as evidenced
by an operator's license, vehicle license, work badge number, etc.,
and the personal signature of the person or persons from which such
article was received, together with a description of such person or
persons as required by the Police Chief.
C.
Such
report shall provide a complete description of each article reported.
If any article 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.
D.
The
forms as prescribed by this section shall be supplied by the Garden
Grove Police Department.
E.
Every
secondhand dealer shall deliver, to the Police Chief, the original,
third, and fourth copies of such reports made out during the 72 hours
preceding the filing of such reports.
(1436 § 1, 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.
(1436 § 1, 1975; 2808 § 1, 2012)
Every person engaged in the business of a secondhand dealer
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 secondhand dealer, shall
be open at all times during business hours to the inspection of the
Police Chief or any police officer of the City.
(1436 § 1, 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.
(1436 § 1, 1975; 2808 § 1, 2012)
No secondhand dealer 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 article, goods, or other things where the return is to the person who originally sold or otherwise made the article or goods available to the secondhand dealer. This section shall apply only to those items listed on any information order adopted by the Garden Grove Police Department pursuant to Section 5.38.060.
(1436 § 1, 1975; 2808 § 1, 2012)
No secondhand dealer shall purchase or take as a pledge, or
otherwise, any goods offered to 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.
(1436 § 1, 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 the payment of the required license fee,
provided the Police Chief has not placed a stop upon the permit.
(1436 § 1, 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 the secondhand
dealer 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.
(1436 § 1, 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.
(1436 § 1, 1975; 2808 § 1, 2012)
All articles left on consignment with a secondhand dealer shall be reported as such as prescribed in Section 5.38.060.
(1436 § 1, 1975; 2808 § 1, 2012)
Every secondhand dealer shall keep an account of all cash sales, with date, to whom sold, address of purchaser, and a full description of merchandise sold. This section shall apply only to those items listed on any information order adopted by the Garden Grove Police Department pursuant to Section 5.38.060.
(1436 § 1, 1975; 2808 § 1, 2012)
Secondhand dealer's purchases, sales, and reports to the Police
Department shall be maintained for at least three years.
(1436 § 1, 1975; 2808 § 1, 2012)
