means a license issued by the State of California Department
of Justice to operate as either a pawnbroker or secondhand dealer
within a specific jurisdiction.
means the delivery of personal property to, or its deposit
with, a pawnbroker as security for a loan.
means any person engaged in the business of receiving goods,
including motor vehicles, in pledge as security for a loan pursuant
to California Financial Code Section 21000 et seq., as amended from
time to time. A pawnbroker is also a secondhand dealer, but a secondhand
dealer is not necessarily a pawnbroker.
means any room, store, or place in which any business listed
in subsection C is engaged in, carried on, or conducted.
means a permit issued by the police chief pursuant to this
chapter to operate as either a pawnbroker or secondhand dealer within
the City of Roseville.
means any person, individual, group, firm, association, partnership,
corporation, company, sole proprietorship, or any other legal entity.
means the chief of police of the City of Roseville and designee.
means any person engaged in the business of buying, selling,
trading, taking in pawn, accepting for sale on consignment, accepting
for auctioning, or auctioning secondhand tangible personal property
pursuant to California Business and Professions Code Section 21626
et seq., as amended from time to time. A “secondhand dealer”
does not include a coin dealer or participants at gun shows or events,
as defined in Section 478.100 of Title 27 of the Code of Federal Regulations,
or any successor provision of law or regulation.
includes, but is not limited to, the following:
All secondhand tangible personal
property which bears a serial number or personalized initials or inscription
or which, at the time it is acquired by a secondhand dealer, bears
evidence of having had a serial number or personalized initials or
inscription.
All tangible personal property, new
or used, including motor vehicles, received in pledge as security
for a loan by a pawnbroker.
All tangible personal property that
bears a serial number or personalized initials or inscription which
is purchased by a secondhand dealer or a pawnbroker or which, at the
time of such purchase, bears evidence of having had a serial number
or personalized initials or inscription.
All personal property commonly sold
by secondhand dealers which statistically is found through crime reports
to the Attorney General to constitute a significant class of stolen
goods.
(Ord. 5208 §
1, 2013)
A.
Every pawnbroker and secondhand dealer
shall, once each day except Sunday and legal holidays, before the
hour of 10:00 a.m., make and deliver to the police chief full, true,
and complete written reports, in chronological order, of all dealings
in secondhand goods, wares, and merchandise for the previous day or
days not required to be covered by a previous daily report. Every
such report shall include the information required by California Business
and Professions Code Section 21628, as amended from time to time.
The reports shall be written or printed entirely in the English language,
in a clear and legible manner, and shall be made out at the time the
transaction is made.
B.
Pawnbrokers and secondhand dealers, at
their expense, shall use daily report forms either provided or approved
by the California Department of Justice for writing the reports required
by this section.
C.
The police chief shall file the reports
and the reports shall be open to inspection only to law enforcement
officers, the city attorney, the district attorney, or to any person
authorized by order of a court having competent jurisdiction.
D.
Upon the implementation of an electronic,
computerized reporting system by the state of California, every pawnbroker
and secondhand dealer licensed pursuant to this chapter shall commence
reporting by means of such electronic reporting system in lieu of
a paper form.
(Ord. 5208 §
1, 2013)
Every pawnbroker and secondhand dealer shall keep for three years in the pawnbroker’s or secondhand dealer’s place of business a copy of every report required by Section 10.67.020. Such copy shall be open to the inspection of any peace officer at all times during business hours.
(Ord. 5208 §
1, 2013)
It is unlawful for any pawnbroker
or secondhand dealer to fail, refuse, or neglect to file or maintain
a report as required by this chapter. It is unlawful for any pawnbroker
or secondhand dealer to refuse or neglect to immediately exhibit upon
the demand of any peace officer or employee designated by the police
chief any such form or record, or any goods, wares, or merchandise
purchased or received in pawn by such pawnbroker or secondhand dealer
or by any agent or employee of such pawnbroker or secondhand dealer.
(Ord. 5208 §
1, 2013)
All goods, wares and merchandise purchased by any pawnbroker or secondhand dealer shall be held for a period of at least 30 days, commencing on the date of the daily report referred to in Section 10.67.020, before being sold or otherwise disposed of; except that all goods, wares and merchandise upon which any duly licensed pawnbroker has issued a pawn ticket shall be held for four months in accordance with California Financial Code Section 21201. All such property shall, during the 30-day period, be held and presented for inspection by a peace officer during business hours.
(Ord. 5208 §
1, 2013)
It is unlawful for any person to
engage in, conduct, manage, or carry on the business of a pawnbroker
or secondhand dealer without having a valid, existing and unrevoked
city permit issued pursuant to this chapter and a state of California
pawnbroker or secondhand dealer license, as applicable. The city permit
may be obtained by submitting to the police chief an application in
such form as may be prescribed by the Department of Justice. Issuance
of the city permit is contingent upon receipt of proof of issuance
of the pawnbroker or secondhand dealer license by the Department of
Justice. Permits for pawnbrokers and secondhand dealers shall be issued
for a term of two years. Applications for permit renewals must be
submitted at least 20 calendar days prior to expiration of the existing
permit and state issued license.
(Ord. 5208 §
1, 2013)
Every application for a pawnbroker
or secondhand dealer permit shall be accompanied by a nonrefundable
fee as established by resolution of the city council. This application
fee shall be in addition to the city’s business license tax
and any other license or permit fee imposed upon the applicant by
this code or state or federal law.
(Ord. 5208 §
1, 2013)
A.
The grounds for denial of a permit shall
be one or more of the following:
1.
The business location does not comply
with all health, zoning, fire and safety requirements and standards
imposed by the laws of the state and the ordinances of the city, including
this chapter.
2.
The applicant has knowingly made
any false, misleading or fraudulent statement of material fact in
the application or in any documentation required to be filed in conjunction
with said application.
3.
The applicant fails to complete the
application after having been notified of any additional information
or documents required.
4.
The applicant has been convicted
of a crime involving an attempt to receive stolen property or any
other offense involving stolen property. A conviction within the meaning
of this section means a plea or verdict of guilty or a conviction
following a plea of nolo contendere.
5.
The applicant, his or her agent or
employees, or any person who is exercising managerial authority on
behalf of the applicant has engaged in misconduct or has been convicted
of a crime substantially related to the qualifications, functions
or duties of a permittee. A conviction within the meaning of this
section means a plea or verdict of guilty or a conviction following
a plea of nolo contendere.
6.
Commission of any act, which, if
done by a permittee, would be grounds for suspension or revocation
of a permit.
7.
The applicant has refused or cannot
meet the requirements established by this code.
8.
The required application fee or renewal
fee has not been paid.
9.
The applicant has had a permit suspended
or revoked less than a year prior to the application.
B.
Notwithstanding subsection A, the applicant shall not be denied a permit solely on the basis that he or she has been convicted of a felony if he or she has obtained a certificate of rehabilitation under Section 4852.01 of the California Penal Code, or on the basis that he or she has been convicted of a misdemeanor.
C.
Notwithstanding subsection A, the applicant shall not be denied a permit solely on the grounds that he or she violated any provision contained in Article 4 (commencing with Section 21625) or Article 5 (commencing with Section 21650) of Chapter 9 of Division 8 of the Business and Professions Code, or any provision contained in Chapter 2 (commencing with Section 21200) of Division 8 of the Financial Code, unless the violation demonstrates a pattern of conduct.
(Ord. 5208 §
1, 2013)
Any permit issued under the terms of this chapter may be suspended or revoked by the police chief in writing upon determining that any of the grounds specified in Section 10.67.100 exist. No permit shall be revoked or suspended by virtue of this section until a hearing has been held by the police chief. Written notice of the time and place of such hearing shall be served upon the person to whom the permit was granted at least five calendar days prior to the date set for such hearing. Such notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending such permit. Notice may be given either by personal delivery to the person to be notified, or by depositing it in the U.S. mail in a sealed envelope, postage prepaid, addressed to the person to be notified at his or her address as it appears in his or her application for a permit.
(Ord. 5208 §
1, 2013)
Any permit issued under the terms
of this chapter may be suspended or revoked if any permittee, his
or her agent, or employee:
A.
Has demonstrated a pattern of violating
or failing to comply with the terms and conditions of the permit.
B.
Does any act which violates any of the
grounds for denial of the permit.
C.
Has demonstrated a pattern of violating
any other provision of this chapter or any federal, state or local
law or regulation relating to his or her permitted activity.
D.
Has demonstrated a pattern of engaging
in or permitting misconduct substantially related to the qualifications,
functions or duties of the permittee.
E.
Conducts the business in a manner contrary
to the peace, health, or safety of the public.
F.
Has knowingly made any false, misleading
or fraudulent statement of material fact in the application or in
any documentation required to be filed in conjunction with said application.
G.
Has been convicted of a crime involving
an attempt to receive stolen property or any other offense involving
stolen property. A conviction within the meaning of this section means
a plea or verdict of guilty or a conviction following a plea of nolo
contendere.
H.
A permit may also be suspended or revoked
by the police chief if the pawnbroker’s or secondhand dealer’s
state license has expired or has been suspended or revoked.
(Ord. 5208 §
1, 2013)
Any permittee aggrieved by the decision of the police chief in denying, refusing to renew, suspending or revoking a permit may, within 10 calendar days from the issuance of the police chief’s written decision, appeal to the city council by filing a written notice with the city clerk. During the pendency of the appeal to the city council, the permit shall remain in effect. If such appeal is not taken within 10 calendar days, the decision of the police chief shall be final. If an appeal is filed in a timely manner, the council shall, after notice as provided in Section 10.67.090, hold a hearing on the appeal, and deny the permit or renewal for any of the grounds specified in Section 10.67.080 or suspend or revoke the permit for any of the grounds specified in Section 10.67.100. The city council’s decision shall be final.
(Ord. 5208 §
1, 2013)
If a pawnbroker or secondhand dealer
permit is suspended or revoked pursuant to this chapter, no permit
shall be granted to the former permittee to conduct or carry on a
pawnbroker or secondhand business within one year after such suspension
or revocation. When an application for a permit is denied for cause,
no new application for a permit from the same person shall be accepted
within one year after denial unless the applicant can show a material
change in his or her situation that would justify the issuance of
such permit.
(Ord. 5208 §
1, 2013)
It is unlawful for any person to
engage in, conduct, manage, or carry on the business of a pawnbroker
or secondhand dealer any day between the hours of 9:00 p.m. of each
day and 7:00 a.m. of the following morning.
(Ord. 5208 §
1, 2013)
Every permit issued pursuant to this
chapter shall be conspicuously displayed so that it may be easily
seen by any person on the premises.
(Ord. 5208 §
1, 2013)
Any permit issued pursuant to this
chapter is valid only at the address and for the person specified
therein and is not transferable to any other person. Change of the
establishment address requires the pawnbroker or secondhand dealer
to notify the Roseville police department in writing 10 calendar days
prior to the establishment moving to its new location. Failure to
notify the Roseville police department of the change of address shall
render any permit issued pursuant to this chapter void and any operation
of a pawnbroker or secondhand dealer establishment unlawful.
(Ord. 5208 §
1, 2013)
It is unlawful and a public nuisance
to violate any of the provisions of this chapter. Violation of this
chapter may be charged as either an infraction or a misdemeanor in
the discretion of the city attorney.
(Ord. 5208 §
1, 2013)
The violation of any provision of
this chapter shall be and is hereby declared to be contrary to the
public interest and shall, at the discretion of city, create a cause
of action for injunctive relief.
(Ord. 5208 §
1, 2013)
In addition to the civil remedies
and criminal penalties set forth above, any person who violates any
provision of this chapter may be subject to administrative remedies,
as set forth by city ordinance.
(Ord. 5208 §
1, 2013)
Unless otherwise expressly provided,
the remedies, procedures and penalties provided by this chapter are
cumulative to each other and to any others available under state law
or other city ordinances.
(Ord. 5208 §
1, 2013)
