As used in this chapter, the following words shall have the following meanings:
"Auctioneer"
means and includes any person, copartnership, firm or corporation who at public outcry offers for sale, as principal or agent, to the highest bidder on the spot any secondhand tangible personal property, except under trade by virtue of legal process.
"Pawnbroker"
means and includes any person, copartnership, firm or corporation who engages in the business of receiving goods in pledge as security for a loan.
"Secondhand dealer"
means and includes any person, copartnership, firm or corporation who engages in buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand tangible property.
"Tangible personal property"
includes, but is not limited to, 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. "Tangible personal property" also includes, but is not limited to, the following:
1. 
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;
2. 
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;
3. 
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 property. A list of such personal property shall be supplied by the Attorney General to all local law enforcement agencies. Such lists shall be reviewed periodically by the Attorney General to insure that it addresses current problems with stolen goods.
"Tangible personal property"
does not include any new goods or merchandise purchased from a bona fide manufacturer or distributor or wholesaler of such new goods or merchandise by a secondhand dealer. For the purposes of this chapter, 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.
"Tangible personal property"
does not include coins, monetized bullion, or commercial grade ingots of gold, silver, or other precious metals. "Commercial grade ingots" means .99 fine ingots of gold, silver, or platinum, or .925 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.
(Ord. 1230 § 1, 1984)
A. 
No person, copartnership, firm or corporation shall conduct business as a pawnbroker, secondhand dealer or auctioneer within the city without first obtaining a proper permit therefor, as provided in this chapter. The provisions of this chapter shall also apply to any business which is licensed pursuant to Business and Professions Code Section 21640, et seq.
B. 
The permit shall be issued by the police department, but only after having been approved by the chief of police or his designee.
(Ord. 1230 § 1, 1984)
Application for a pawnbroker, secondhand dealer or auctioneer permit shall be made to the city clerk, who shall refer all such applications to the chief of police or his designee for an investigation.
(Ord. 1230 § 1, 1984)
The form on which application shall be made for a permit hereto shall require the following information:
A. 
Name of the applicant and complete physical description, including date and place of birth;
B. 
Residence and business addresses of applicant;
C. 
Length of time for which a permit is desired;
D. 
A statement as to whether or not the applicant holds or has held a permit from any state, municipality, governing body, or licensing authority; a list of such permits and a statement of time, place and by whom issued; a statement as to whether any state, municipality, governing body or licensing authority has ever refused to issue or renew a permit to the applicant and if so, a full and accurate statement as to the reasons for any such refusal; a statement as to whether any state, municipality, governing body or licensing authority has ever revoked or suspended a permit held by the applicant and if so, a full and accurate statement as to the reasons for such revocation or suspension;
E. 
A statement as to whether or not the applicant has ever been convicted of any felony, misdemeanor, or violation of any municipal ordinance, and if so, a full and accurate statement as to the nature of the offense and the punishment or penalty assessed therefor.
(Ord. 1230 § 1, 1984)
The chief of police shall cause each applicant to be fingerprinted and photographed, a record of which shall be kept by the police department. The applicant shall pay the amount set by the state for processing of the fingerprints. The chief of police shall cause an investigation of each applicant to be made and if he determines that the applicant has knowingly made a material misstatement in the application for a permit or if he determines that the applicant, or any proposed employee of the applicant, has been convicted of a violation of any statute of this state or any ordinance of this city regulating pawnbrokers or secondhand dealers, or has been convicted of any crimes involving theft, receiving stolen property, embezzlement, fraud, false pretenses or immoral turpitude when such a conviction bears a reasonable connection to the business for which the permit is sought, he shall refuse to issue the permit. Any permit issued hereunder may be revoked for failure to maintain the standards required for issuance of same.
(Ord. 1230 § 1, 1984)
The permit fee for each applicant shall be as established by resolution.
(Ord. 1230 § 1, 1984)
Every pawnbroker, secondhand dealer and auctioneer shall report all personal property which he has purchased, taken in trade, taken in pawn, accepted for sale consignment, or accepted for auctioning to the chief of police of the city, not later than twelve noon of the day following the acquisition of such property.
(Ord. 1230 § 1, 1984)
The following are secondhand goods excepted from the reporting requirements of Section 5.46.070:
A. 
Acquired in good faith in a transaction involving the stock in trade of another pawnbroker, secondhand dealer or auctioneer who has previously made the report or reports required by Sections 5.46.070 and 5.46.090 of such property included in the transaction and who states in writing that the report or reports so required have been made, and provided the acquiring pawnbroker, secondhand dealer or auctioneer submits a copy of such statement to the chief of police. Each of the pawnbrokers, secondhand dealers or auctioneers involved in the transactions shall retain a copy of the statement referred to in this section for a period of three years as a matter of record which shall be made available for inspection by any law enforcement officer;
B. 
Acquired in a nonjudicial sale, transfer, assignment, assignment for the benefit of creditors or consignment of the assets or stock in trade, in bulk, or a substantial part thereof, of an industrial or commercial enterprise for the purpose of voluntary dissolution or liquidation of the sellers' business, or for the purpose of disposing of an excessive quantity of personal property; or which has been acquired in a nonjudicial sale or transfer from an owner of his entire household of personal property, or a substantial part thereof; provided, the pawnbroker, secondhand dealer or auctioneer retains in his place of business for a period of three years a copy of the bill of sale, receipt, inventory list or other transfer document as a matter of record which shall be made available for inspection by any law enforcement officer; and provided further, that the pawn-broker, secondhand dealer or auctioneer notifies the chief of police that the exemption from reporting is being claimed under this section. "Industrial or commercial enterprise" and "owner," as used in this section, do not include a pawnbroker, secondhand dealer, or auctioneer;
C. 
Acquired in a sale made by any public officer in his official capacity, trustee in bankruptcy, executor, administrator, receiver or public official acting under judicial process or authority, or which has been acquired in a sale made upon the execution of, or by virtue of, any process issued by a court or under the provisions of the Warehouse Receipts Act;
D. 
Acquired in good faith as part or complete payment for other personal property by a person whose principal business is primarily that of selling or trading personal property directly to the consumer; provided, however, that in such transaction no consideration other than stock in trade shall pass from the business enterprise to the person trading or exchanging the used item;
E. 
Acquired as surplus property of the United States Government or a state, city, county, city and county, municipal corporation or public district and which after requisition or acquisition by the United States Government or by a state, city, county, city and county, municipal corporation or public district has never thereafter been sold at retail;
F. 
Reported by a pawnbroker, secondhand dealer or auctioneer as an acquisition or a purchase, or which has been reported as destroyed or otherwise disposed of, or:
1. 
To a state agency by the authority of any other law of this state, or
2. 
To a city, county, or city and county officer or agency by authority of any other law of this state, or a city, county, or city and county ordinance;
G. 
Acquired by gift and the person sells the property acquired by gift as a part of a charitable activity carried on by said person;
H. 
The provisions of this chapter have no application to a person whose sales of secondhand personal property are confined to the disposal of goods accepted in trade and as part payment of new merchandise; provided further, however, that such new merchandise is not then redeemable in cash to the person trading or exchanging the used item.
(Ord. 1230 § 1, 1984)
Every pawnbroker, secondhand dealer or auctioneer shall cause the person selling, buying, trading, offering for consignment or auction, or offering as pledge for any loan tangible secondhand personal property to produce a clear and permanent record of said person's fingerprint on the original form of the report as required in Section 5.46.090.
A. 
The fingerprint to be recorded shall be of the right thumb of said person.
1. 
If there is sufficient cause for said person's right thumb not to be fingerprinted, a fingerprint shall be obtained from another finger, starting with the remaining fingers of the right hand and then the thumb or fingers of the left hand.
B. 
A fingerprint shall be recorded on each record of transaction.
C. 
No transaction shall be completed until such fingerprint has been recorded.
D. 
The fingerprint shall be recorded in the space provided on the original report form or on the reverse side of the original report form if no space is provided.
(Ord. 1230 § 1, 1984)
Every pawnbroker, secondhand dealer and auctioneer shall have a complete record of all personal property pledged to, purchased, received or sold by him, which record shall contain all the matters required to be shown in the reports referred to in Sections 5.46.070, 5.46.090 and 5.46.140. Every such record shall be open at all times during business hours to the inspection of any law enforcement officer.
(Ord. 1230 § 1, 1984)
Every pawnbroker, secondhand dealer and auctioneer shall retain in his possession for a period of thirty days all personal property reported under the provisions of this chapter. The thirty-day holding period, with respect to such personal property, shall commence when the chief of police receives a report of its acquisition by the pawnbroker, secondhand dealer or auctioneer. A police officer of the city may require the pawnbroker, secondhand dealer or auctioneer, upon notice, written or verbal, to hold property which the police officer has reason to believe is stolen, for a period not to exceed ninety days from the date of placing such hold. Such property may be released only upon written authorization of a police officer of the city. The chief of police or his designee(s) may release any property covered by this chapter and waive any holding period therein, when determined in the public interest to do so. Any such release or waiver shall be in writing and signed by the chief of police or his designee(s) on an appropriate form designated by the police department for such purpose.
(Ord. 1230 § 1, 1984)
No person conducting business as a pawnbroker, secondhand dealer or auctioneer shall buy, trade, accept for consignment or auction, or loan money for secondhand property from any person who is under eighteen years of age unless said person is accompanied by his parent, guardian, or other person in lawful custody of the person who is under eighteen years of age. The person conducting business as a pawnbroker, secondhand dealer or auctioneer shall obtain the written permission, under penalty of perjury, from the parent, guardian or other person in lawful custody of the person who is under eighteen years of age before the person conducting a business shall buy, sell, trade, accept for consignment or auction, or loan money for secondhand property from any person who is under eighteen years of age. A copy of the written permission shall be included with the report which is required under Section 5.46.070.
(Ord. 1230 § 1, 1984)
Every pawnbroker, secondhand dealer or auctioneer shall maintain on the premises where the business is located, a sign plainly printed in the English language, of sufficient size so that the same may be easily read from the sidewalk in front of the place of business, stating that he is a pawnbroker, secondhand dealer or auctioneer. Where the business is conducted in a department of any building, the sign shall be placed at the entrance of the building.
(Ord. 1230 § 1, 1984)
A. 
If any person, copartnership, firm or corporation shall engage in, conduct, manage or carry on at the same time more than one of the businesses defined and referred to in this chapter, such person, copartnership, firm or corporation shall be deemed to be engaged in, conducting, managing and carrying on such businesses separate and apart from the other such business, and such person shall comply in all respects with the provisions of the ordinance codified in this chapter relating to each such business.
B. 
No person, copartnership, firm or corporation doing business as a personal property broker or pawnbroker with or without a license from the Corporation Commission of the state, shall conduct such business, or any part thereof, in the same establishment or place of business used for the transacting of any other business or in any retail or wholesale store. No entrance to or exit from a place of business used by any personal property broker or pawnbroker shall open from that business into any other place of business, but any such entrance or exit shall open directly onto a public street or public place, except that on any floor above the street floor in an office building, an entrance to or exit from such place of business shall open directly onto the public hallway.
(Ord. 1230 § 1, 1984)
A violation of the provisions of this code relating to pawnbrokers, secondhand dealers or auctioneers constitutes a misdemeanor.
A. 
In addition to the foregoing penalties, the city council may revoke or suspend the business license of any pawnbroker, secondhand dealer or auctioneer for failure to comply with the provisions of this chapter, or any local, state or federal enactment relating to business of a pawnbroker, secondhand dealer or auctioneer.
1. 
No business license shall be revoked or suspended until a hearing shall have been had by the city council. Notice of such hearing shall be given in writing and served at least ten days prior to the date of the hearing, upon the holder of the license, his manager or agent.
2. 
The notice shall be served on the holder of the license by delivering same to the holder, his manager or agent, or to any person in charge of or so employed in the place of business of such holder or the residence of such holder.
3. 
If the holder of such license cannot be found and serving of such notice cannot be made upon him in the manner herein provided, then a copy of such notice shall be mailed, postage fully prepaid, addressed to such holder at such place of business or residence, at least ten days prior to the date of hearing.
B. 
When the license of any holder is revoked, the license shall remain revoked for a period of one year. Such holder shall not be eligible to obtain a license during the one-year period.
(Ord. 1230 § 1, 1984)