Pursuant to the authority granted in section 21638, of the Business and Professions Code of the State of California, the definitions, rules, regulations, requirements, exceptions and any limitations relating to secondhand goods and secondhand dealers, found in Division 8, Chapter IX, sections 21500 through and including 21653, Business and Professions Code of the State of California, and Division 8, Chapter II, sections 21200 through and including 21209, of the Financial Code, of the State of California, as they now exist or may hereafter be amended, are hereby adopted as the law of this city. The provisions of this article are supplemental to those of state law.
(Ord. No. 81-16, § 2, 11-16-81)
No person, firm, corporation or other entities shall engage in the occupation of secondhand dealer as defined in State of California Business and Professions Code, section 21626, without first obtaining a license from the chief of police to engage in said activity.
Application for said license shall be made with the director of finance of the City of Costa Mesa. All forms for application and licensure and license renewal, shall be prescribed and provided by the California Department of Justice and will be made available at the office of the director of finance. A fee may be charged to the applicant as specified by the director of finance, in addition to the fees required by the California Department of Justice for the initial license application.
Application for licenses and applications for renewal received by the director of finance shall be immediately forwarded to the chief of police.
(Ord. No. 81-16, § 2, 11-16-81)
The application for license to engage in the occupation of secondhand dealers, shall be considered by the chief of police. The chief of police shall grant a license, on forms prepared by the California Department of Justice, permitting the licensee to engage in the business of secondhand dealer to an applicant who has not been convicted of any offense involving stolen property, as defined for these purposes by the office of the attorney general of the State of California. Applicants, who have been denied a license because of a conviction for an offense involving stolen property, shall be informed of their right to review their criminal history record in accordance with the provisions of Article 5 of the State of California Penal Code, relating to the examination of records.
The issuance of all licenses shall automatically be subject to the conditions set forth in section 9-213(b).
Prior to the granting of a license, the chief of police shall submit the application, the applicant's fingerprint card and the appropriate state fees to the California Department of Justice. If the department of justice does not comment on the application within 30 days thereafter, the chief of police shall request the department of justice to prepare a license and shall grant or deny a license based on the information then available concerning the applicant(s).
(Ord. No. 81-16, § 2, 11-16-81)
Any license to engage in the occupation of secondhand dealer which has been granted by the chief of police, pursuant to this article shall be deemed to have expired within six months of the granting thereof, if the licensee has not actively engaged in said occupation. The licensee hereunder shall not be deemed to have been actively engaged in the occupation unless he shall have maintained a licensed place of business within the corporate limits of the city, which said premises shall have been opened and have been in continuous operation for at least 90 days during said sixmonth period.
Any permit to engage in the occupation of pawnbroker, which exists under the provisions of the previous ordinance as of the date of the adoption of this article, shall be deemed to have expired. A permittee under the previous ordinance shall be required to make application through the director of finance for a secondhand dealer's license, pursuant to section 9-210, within 30 days of the adoption on this article should he desire to continue operating his business as a secondhand dealer.
(Ord. No. 81-16, § 2, 11-16-81)
(a) 
A license granted pursuant to section 9-211 and the requirements of state law shall be renewable one year from the date of issue, and annually thereafter, upon the filing of a renewal application with the director of finance and the payment of a license renewal fee specified by the director of finance.
(b) 
The license shall be subject to revocation by the city, or an application for renewal may be denied, and the licensee's activity as a secondhand dealer shall be subject to being enjoined pursuant to California Business and Professions Code, section 21646, for violation of any of the following conditions:
(1) 
The licensee or any employee thereof shall not engage in any act which is in violation of Chapter 9, Article 4, Sections 21625 through 21653 of the California Business and Professions Code relating to secondhand dealers and secondhand goods as they now exist or may hereafter be amended.
(2) 
The licensee or any employee thereof shall not be convicted of any offense involving stolen property, as defined for these purposes by the office of attorney general for the State of California.
(3) 
The licensee or any employee thereof shall not engage in the business of secondhand goods with any minor.
(4) 
The business shall be carried on only in the building or buildings designated in the license.
(5) 
The license or a copy thereof, certified by the chief of police, shall be displayed on the premises where it can be easily seen.
(6) 
Any and all reports required to be filed with the chief of police under state law shall be clearly printed or typed on forms provided by the chief of police from the California Department of Justice so as to be completely legible and shall be signed by the licensee or employee thereof who actually made the transaction described. Any report illegible or unsigned may be rejected by the police department and treated as an unfiled report. Repeated violation of this subsection shall be grounds for revocation of the license or a denial of the renewal thereof.
(c) 
For purposes of revocation, or denial of an application for renewal, the chief of police, or his designee, shall hold a hearing to consider the grounds for revoking, or denying renewal of, the license. Notice of the hearing, by certified mail, shall be given to the licensee at least 10 days prior to the hearing stating the conditions that were violated. The decision of the chief of police or his designee shall be final and shall be based on written findings signed by the chief of police.
(d) 
Prior to granting renewal of a license, the chief of police shall submit a copy of the renewal application and any necessary fees to the California Department of Justice for comment. If the department of justice does not comment on the renewal application within 30 days thereafter, the chief of police shall grant or deny a renewal application, based on the information then available concerning the applicant's compliance with the laws relating to secondhand dealers.
(Ord. No. 81-16, § 2, 11-16-81)
It shall be the sole responsibility of the chief of police to:
(1) 
Determine, upon the advice of the director of finance, which businesses in the community meet the definition of a secondhand dealer as defined in California Business Code, section 21626, and to enforce the requirements of law as to those businesses.
(2) 
Authorize, for good cause, as specified by the California Department of Justice, the early release of tangible personal property held by a secondhand dealer pursuant to California Business and Professions Code, section 21636, provided the secondhand dealer has complied with the requirements of state law.
(3) 
Forward the original copy of all daily secondhand dealer reports required under state law to the California Department of Justice.
(Ord. No. 81-16, § 2, 11-16-81)