For the purpose of this chapter, certain words and phrases are defined and certain provisions shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended:
"Junk collector"
means any person not having a fixed place of business in the city, but who personally or by representatives goes from house to house, or from place to place gathering, collecting, buying, selling, or otherwise dealing in any old rags, sacks, bottles, cans, papers, metals, automobile or bicycle parts, old automobiles or bicycles which are collected, bought. sold or otherwise dealt in after being dismantled or taken apart, or other articles commonly known as "junk." (Refer to Section 5.08.250 for license fee. Refer to Section 5.08.490 for permit fee and procedure.)
"Junk dealer"
means any person having a place of business in the city and engaging in the business of buying, selling or otherwise dealing in, either wholesale or retail, any old rags, sacks, bottles, cans, papers, metals, automobile or bicycles, which are collected, bought, sold or otherwise dealt in after being dismantled or taken apart, or other articles' commonly known as "junk." (Refer to Section 5.08.260 for license fee. Refer to Section 5.08.490 for permit fee and procedure.)
"Pawnbroker"
includes the business of loaning money upon personal property and reselling or agreeing to resell such articles to the vendor or other assignees at prices previously agreed upon.
It does not include the loaning of money on personal property or personal security by any bank authorized to do so under the laws of the state. Nothing contained herein shall authorize the chief of police to issue any pawnbrokers permit so that the number of pawnbrokers operating within the city at any one time shall exceed three. (Refer to Section 5.08.310 for license fee. Refer to Section 5.08.490 for permit fee and procedure.)
"Secondhand dealer"
means any person carrying on the business of buying, selling, or otherwise dealing in secondhand goods, wares, or merchandise. (Refer to Section 5.08.250 for license fee. Refer to Section 5.08.490 for permit fee and procedure.)
(Prior code § 16-510; Ord. 69-O-101 § 1, 1969; Ord. 71-O-119, 1971)
Every pawnbroker on each day before the hour of ten thirty a.m., shall make out and deliver to the chief of police on a blank form to be obtained by such pawnbrokers from the office of the chief of police for that purpose, a full, true, and complete report of all goods, wares, merchandise or things received on deposit, pledged or purchased or taken in trade during the day preceding the filing of such report. Such report shall show the hour of the day when such articles were received on deposit, pledged or purchased or taken in trade, and the true signature and address of the person or persons by whom such article was left on deposit, pledged, sold or traded, together with a description of such person or persons. The description to be given of every such person shall show the style of dress, height, age, complexion, color of mustache or beard or both, where the same are worn, and if neither is worn, such fact should be noted. Such report shall also show the number of pawn tickets, amounts loaned, amount purchased, and a complete description of each article left on deposit, pledged, purchased or traded. If any article so left on deposit, pledged, purchased or traded has engraved thereon any number, word or initial, or contains any settings of any kind, the description of such report shall contain such number, word or initial, and shall show the kind of settings and the number of each kind. Blanks to be obtained from the office of the chief of police, as herein provided, shall bear a caption providing blank spaces in which shall be written or printed the date of such report, the name and place of business of the person making the same, and the hour of the day when the same is received at the office of the chief of police. Such blanks shall be so printed and subdivided as to contain spaces with proper captions for the furnishing of information required by this chapter.
(Prior code § 16-511; Ord. 69-O-101 § 1, 1969)
Every secondhand dealer, junk dealer or junk collector on each day before the hour of ten thirty a.m., shall make out and deliver to the chief of police on a blank form to be obtained by such secondhand dealer, junk dealer or junk collector from the office of the chief of police for that purpose, a full, true and complete report of all goods, wares or merchandise purchased, traded or received during the day preceding the filing of such report. Such report shall show the hour of the day when each article was purchased, traded or received and the true signature and address of the person or persons by whom each article was sold, traded or delivered, together with a description of such person or persons. The description to be given of every such person shall show the style of dress, height, age, sex, complexion, color of mustache or beard, or both where the same are worn, or if neither is worn, such fact shall be noted. Such report shall also show the amount purchased, and a complete description of each article purchased, traded or received. If any article so purchased, traded or received has engraved thereon any number, word, or initial, or contains any settings of any kind. the description of such article in such report shall contain such number, word or initial, and shall show the kind of settings and the number of each kind.
Blanks to be obtained from the office of the chief of police as herein provided, shall bear a caption providing blank spaces in which shall be written or printed the date of such report, the name and place of business of the person making the same, and the hour of the day when the same is received at the office of the chief of police.
(Prior code § 16-512; Ord. 69-O-101 § 1, 1969)
Every junk dealer or collector shall retain and keep on his premises, in a separate place designated for that purpose, all metals such as copper, brass, or other metals, purchased by him in the manner following: The entire purchase of each day shall be put and kept in such designated separate place, and the said day's purchase shall be kept in its original condition, for a period of three days after purchase or receipt of said copper, brass or other metals, and shall be at all times open to the inspection of the police department.
Every junk dealer, who has a fixed place of business, shall on each day, before the hour of ten thirty a.m., make out and deliver to the chief of police on a form to be obtained by such junk dealer from the office of the chief of police for that purpose, a full, true and complete report of all goods, wares and merchandise purchased or received during the day preceding the filing of such report. Such report shall show the hour of the day when each article was purchased or received, and the true name and license number only, if same is purchased from a junk collector licensed by the city, or if from any one else, the address, as nearly as the same is known to or can be ascertained by such junk dealer, of the person to whom such article was sold or delivered, together with a description of such person or persons. The description to be given of every such person, other than a city licensed junk collector, shall show the style of dress, height, age, sex, complexion, color of mustache or beard, or both, where the same are worn, or if neither is worn such fact should be noted. Such report shall also show the amount purchased, and a complete description of each article purchased or received.
Forms to be obtained from the office of the chief of police as herein provided, shall bear a caption providing blank spaces in which shall be written or printed the date of such report, the name and place of business of the person making the same, and the hour of day when the same is received at the office of the chief of police.
Such forms shall be so printed and subdivided as to contain spaces with proper captions for the furnishing of the information required by this code.
Every junk dealer shall insert on the daily report to the chief of police hereinabove described the license number of the junk collector, for the purpose of identification, from whom any goods, wares or merchandise were purchased during the day preceding the filing of such report.
(Prior code § 16-513; Ord. 69-O-101 § 1, 1969)
Every pawnbroker, secondhand dealer, junk dealer, and junk collector shall keep a complete record of all goods, wares, merchandise or things pledged to or purchased or received by him, which record shall contain all of the matters required to be shown in the reports referred to and described in this code. Every such record and all goods, wares, merchandise and things pledged to or purchased or received by any such pawnbroker, secondhand dealer, junk dealer or junk collector, shall be open, at all times during business hours to the inspection of the chief of police or any police officer.
Every pawnbroker, secondhand dealer, junk dealer or junk collector shall maintain on the premises where said business is located, a sign plainly printed in the English language of sufficient size so that the same may be easily read from a sidewalk in front of said place of business, stating that he is a pawnbroker or secondhand dealer, or junk dealer, or junk collector. Where said business is conducted in an office building the sign shall be placed at the door to said office. Where said business is conducted in a department of any building the sign shall be placed at the entrance of said department.
(Prior code § 16-514; Ord. 69-O-101 § 1, 1969)
The chief of police shall file in some secure place in his office all reports received pursuant to the terms of this code, and the same shall be open to inspection only by members of the police department, or upon an order of a court of competent jurisdiction made for that purpose.
(Prior code § 16-515; Ord. 69-O-101 § 1, 1969)
Every report and record required by the terms of this code to be filed or kept, shall be written or printed entirely in the English language, in a clear and legible manner.
(Prior code § 16-516; Ord. 69-O-101 § 1, 1969)
No pawnbroker or secondhand dealer shall sell or otherwise dispose of any article or thing within twenty-one days after such article or thing has been purchased or received by such pawnbroker or secondhand dealer.
During said twenty-one day period said article or thing so purchased shall not be altered, changed or defaced, and shall remain and be during said period in the same condition as when purchased or received by the pawnbroker or secondhand dealer, and in no event shall said dealer dispose of such article or thing within twenty-one days after report of purchase is made to the police department.
(Prior code § 16-517; Ord. 69-O-101 § 1, 1969)
No junk dealer or junk collector shall sell or otherwise dispose of any article or thing within three days after such article or thing has been purchased or received by such junk dealer or junk collector.
(Prior code § 16-518; Ord. 69-O-101 § 1, 1969)
No pawnbroker, secondhand dealer, junk dealer, or junk collector or his employee or agent shall receive, buy, trade, exchange, receive on deposit, or accept as a pledge, or otherwise acquire an interest in any goods or thing from any person under the age of eighteen years. Any statement made to such permittee, employee or agent by a person under the age of eighteen years to the effect that he is over the age of eighteen years shall not excuse such permittee or employee from any violation of this provision.
(Prior code § 16-519; Ord. 69-O-101 § 1, 1969)
Reports, records, waiting periods before resale, and restrictions upon purchases from minors, contained in this code, shall not apply to the purchase or sale by junk dealers or junk collectors of rags, bottles, other than milk or cream bottles, barrels, cans, shoes, lamps, stoves, or household furniture (with the exception of sewing machines, musical instruments, oriental or Chinese rugs and all other merchandise bearing a serial number), or scrap iron, when bought and sold for scrap, or the purchase or sale by secondhand dealers of household furniture, with the exception of sewing machines, all musical instruments, typewriters, oriental or Chinese rugs, and all other merchandise bearing a serial number.
(Prior code § 16-520; Ord. 69-O-101 § 1, 1969)
The provisions of this code shall not apply to the receipts or sale of any secondhand article by any person that received or purchased such secondhand articles from any other person who has made the required report to the police department and shall have held the articles for the length of time provided for herein; provided, however, that such person is required to report that such articles have been held by the person, from whom said articles were purchased for the length of time required by this code.
(Prior code § 16-521; Ord. 69-O-101 § 1, 1969)
No pawnbroker, secondhand dealer, junk dealer or junk collector, or agent or employee or any such person shall accept any pledge of or loan any money upon personal property, or purchase or receive any goods, wares or merchandise or any article or thing or in any manner whatsoever engage in or conduct any such business between the hour of seven p.m. of any day, and the hour of seven a.m. of the following day, or between the hours of twelve midnight on Saturday and the hour of seven a.m. of the following Monday.
(Prior code § 16-522; Ord. 69-O-101 § 1, 1969)
No person shall sign a fictitious name or address to any bill of sale for any goods, wares or merchandise referred to herein, or to any pawnshop ticket or make any false entry in any report or record required by this code.
(Prior code § 16-523; Ord. 69-O-101 § 1, 1969)
Pawnbrokers, secondhand dealers, junk dealers and junk collectors shall provide and furnish to the person from which any goods, wares or merchandise are purchased, a certificate of sale, a duplicate copy of which shall be kept on file by the purchaser. Said certificate of sale shall be signed by both the purchaser and seller. Said duplicate copies of said certificate shall at all times be kept open to the inspection of the members of the police department.
(Prior code § 16-524; Ord. 69-O-101 § 1, 1969)
If any person carries on, at the same time, more than one of the businesses referred to in this code, such person shall be deemed to be carrying on such business separate and apart from the other such business, and such person shall comply in all respects with the provisions of this code relating to each such business.
(Prior code § 16-525; Ord. 69-O-101 § 1, 1969)