This Chapter shall be called the "Secondhand Dealer Ordinance." It is intended to curtail the dissemination of stolen property and to facilitate the recovery of stolen property by imposing regulations on the pawning, lending, or selling of tangible property in the City consistent with State law.
(Prior code § 6800; added by Ord. No. 1336CCS, adopted 4/9/85)
For purposes of this Chapter, "secondhand dealer" means and includes any person whose principal business is primarily that of engaging in buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning or auctioning secondhand tangible personal property. "Secondhand dealer" also includes any person who engages in the business of buying or selling secondhand tangible personal property in excess of twenty percent of the gross sales and purchases of goods or merchandise sold or purchased in the regular course of business. "Secondhand dealer" does not include any person who performs the services of an auctioneer for a fee or salary.
(Prior code § 6801; added by Ord. No. 1336CCS, adopted 4/9/85)
"Tangible personal property" includes, but is not limited to, the following:
(a) 
All secondhand tangible personal property which bears a serial number or personalized initials or inscription or which, at the time it is acquired by the secondhand dealer, bears evidence of having had a serial number or personalized initials or inscription.
(b) 
All tangible personal property, new or used, received in pledge as security for a loan by a pawnbroker or a secondhand dealer acting as a pawnbroker.
(c) 
All tangible personal property that bears a serial number or personalized initials or inscription which is purchased by a secondhand dealer or pawnbroker or which, at the time of such purchase, bears evidence of having had a serial number or personalized initials or inscription.
(d) 
All personal property of a type found by the Attorney General to constitute a significant class of stolen goods as stated in the list maintained pursuant to California Business and Professions Code Section 21627(b)(3).
(e) 
As used in this Chapter, "tangible personal property" does not include any new goods or merchandise purchased from a bona fide manufacturer or wholesaler or distributor of such new goods or merchandise by a secondhand dealer. However, a secondhand dealer shall retain for one year from the date of purchase, and shall make available for inspection by any law enforcement officer, any receipt, invoice, bill of sale, or other evidence of purchase of such new goods or merchandise.
(f) 
As used in this Chapter, "tangible personal property" does not include coins, monetized bullion, or commercial grade ingots of gold, silver, or other precious metals. "Commercial grade ingots" means .88 fine ingots of gold, sliver, or platinum, or .926 fine sterling silver art bars and medallions, provided that the ingots, art bars, and medallions are marked by the refiner or fabricator as to their assay fineness.
(Prior code § 6802; added by Ord. No. 1336CCS, adopted 4/9/85)
Every secondhand dealer shall obtain a permit from the Chief of Police pursuant to procedures consistent with Business and Professions Code Section 21641. Such permit shall cover all activities regulated by this Chapter and conducted at a single location. A separate permit shall be required for each location at which any business regulated by this Chapter is conducted. The City Council may establish and from time to time amend by resolution fees to cover the costs of processing and administration of secondhand dealer permits, which fees shall be paid by the permittee prior to the issuance of a permit.
(Prior code § 6803; added by Ord. No. 1336CCS, adopted 4/9/85; amended by Ord. No. 1851CCS § 27, adopted 5/28/96)
No secondhand dealer shall purchase, take in trade, take in pawn, accept for sale on consignment, accept for auctioning, or otherwise receive any tangible personal property unless the secondhand dealer has secured from the person selling, lending, pawning, or delivering the tangible personal property:
(a) 
The identification number from a valid driver's license or other identification card issued by a government agency and containing the photograph of such person.
(b) 
A fingerprint of such person's right index finger in such manner and location as specified by the Chief of Police.
(Prior code § 6805; added by Ord. No. 1336CCS, adopted 4/9/85)
Every secondhand dealer shall keep a complete record of all tangible personal property pledged to or purchased by or received by him or her, which record shall contain all of the matters required to be reported pursuant to this Chapter. Every such record and all tangible personal property pledged to or purchased by or received by a secondhand dealer shall be open at all times during business hours to the inspection of the Chief of Police or any police officer.
Every secondhand dealer shall maintain on the premises where said business is located a sign plainly printed in the English language of sufficient size to be read from a sidewalk in front of said place of business, stating that he or she is a pawnbroker, secondhand dealer, junk dealer, or junk collector. If the business is conducted in an office building, the sign shall be placed at the door of said office. If the business is conducted in a department of any building, the sign shall be placed at the entrance to said department.
Every report, record, and sign required by the terms of this Chapter to be filed, kept, or posted, shall be written or printed entirely in the English language, in a clear and legible manner.
(Prior code § 6806; added by Ord. No. 1336CCS, adopted 4/9/85)
Every secondhand dealer shall retain in his or her possession for a period of thirty days all tangible personal property acquired. The thirty-day holding period shall commence with the date of acquisition of said tangible personal property. The Chief of Police may for good cause, as specified by the California Department of Justice, authorize prior disposition of any such property; provided that a secondhand dealer who disposes of tangible personal property pursuant to such authorization shall report the sale thereof to the Chief of Police.
(Prior code § 6808; added by Ord. No. 1336CCS, adopted 4/9/85; amended by Ord. No. 2458CCS § 12, adopted 5/27/14)
No person shall sign a false or fictitious name or address to any bill of sale or receipt for any property referred to in this Chapter, or to any pawnshop ticket, or make any false entry in any report or record required by this Chapter.
(Prior code § 6809; added by Ord. No. 1336CCS, adopted 4/9/85)
Secondhand dealers shall provide and furnish a certificate of sale to the person from which any property referred to in this Chapter is purchased. Such certificate of sale shall be signed by both the purchaser and seller. Duplicate copies of certificates of sale shall at all times be kept on file by the purchaser and kept open to the inspection of the members of the Police Department of the City.
(Prior code § 6810; added by Ord. No. 1336CCS, adopted 4/9/85)
No secondhand dealer, or his or her 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 dealer, employee, or agent by a person under the age of eighteen years to the effect that he or she is over the age of eighteen years shall not excuse such dealer, employee, or agent from any violation of this Section.
(Prior code § 6812; added by Ord. No. 1336CCS, adopted 4/9/85)
No secondhand dealer, or his or her agent or employee, shall engage in or conduct business regulated by this Chapter in any manner between the hours of twelve midnight and seven a.m. of the following day.
(Prior code § 6813; added by Ord. No. 1336CCS, adopted 4/9/85)
(a) 
Any permit granted under this Chapter shall be renewable on July 1st of each year upon the filing of a renewal application and payment of a permit renewal fee to be established by resolution of the City Council.
(b) 
The permit shall be subject to revocation or suspension by the Chief of Police and the permittee's activities shall be subject to being enjoined by action brought by the City Attorney for breach of any of the following conditions:
(1) 
The business shall be carried on only in the location or building or buildings designated in the permit.
(2) 
The permit, or a copy thereof, certified by the Chief of Police, shall be displayed on the premises where it can easily be seen.
(3) 
The permittee shall not engage in the business of secondhand dealer with any person under the age of eighteen years of age.
(4) 
The permittee shall not engage in any act in violation of this Chapter or of any State law regulating the business of secondhand dealers.
(5) 
The permittee shall not be convicted of an attempt to receive stolen property or any other offense involving stolen property. For the purposes of this paragraph, "convicted" means a plea or verdict of guilty or a conviction following a plea of nolo contendere. If a permittee has been "convicted," action may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the California Penal Code.
(Prior code § 6814; added by Ord. No. 1336CCS, adopted 4/9/85; amended by Ord. No. 1851CCS § 27, adopted 5/28/96)