A "secondhand dealer," as used in this code, means and includes any person, copartnership, firm or corporation 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, as "tangible personal property" is defined in Business and Professions Code Section 21627, in excess of 20% of the gross sales and purchases of goods or merchandise sold or purchased in the regular course of business.
(Ord. 531 § 1, 1981)
"Chief of law enforcement," as used in this chapter, means the chief of law enforcement or designee designated to act in his or her place in carrying out the provisions of this chapter.
(Prior code § 2342; Ord. 414 § 2, 1978; Ord. 531 § 2, 1981)
A. 
The occupations and businesses in the City listed in this chapter and licensed by the City are deemed to be subject to police power, and are designated by the classification, "police regulated."
B. 
All occupations and businesses so designated, and all persons conducting or proposing to conduct the same, shall be subject to such investigation, rules and regulations as are required by this chapter or other regulatory provisions of the City as a prerequisite to the granting of a license for or the conducting of such occupation or business.
(Prior code § 2341; Ord. 414 § 2, 1978; Ord. 531 § 2, 1981)
A. 
No person shall carry on a business as a pawn-broker or secondhand dealer in the City without first having obtained a business license from the City.
B. 
No person shall be issued a business license as a pawnbroker or secondhand dealer without first having obtained a permit from the chief of law enforcement.
(Prior code §§ 2343, 2344; Ord. 414 § 2, 1978; Ord. 531 § 2, 1981)
Applications for permits shall be made to the chief of law enforcement, who shall investigate the information contained therein and either grant or deny the application within 15 days.
(Prior code § 2345; Ord. 414 § 2, 1978; Ord. 531 § 2, 1981)
If the chief of law enforcement, upon investigation, determines that any information on the application is false or that the applicant has, within five years immediately preceding the date of the application, been convicted of any theft-related offense in any jurisdiction or been convicted of any violation of any ordinance of any jurisdiction substantially similar to the provisions of this chapter, he or she shall deny the application.
(Prior code § 2346; Ord. 414 § 2, 1978; Ord. 531 § 2, 1981)
In the event any person holding a City permit classified as police regulated as designated in this chapter violates or causes or permits to be violated any of the provisions of this chapter or any provisions of any other ordinance or law relating to or regulating such business or occupation, or conducts or carries on such business or occupation in an unlawful manner, the chief of law enforcement may, in addition to other penalties provided by ordinance, suspend the permit issued for conducting or carrying on the business or occupation. The chief of law enforcement may take possession of the permit and shall notify the permittee of the suspension by a written notice, served upon the permittee or posted at the place of such business. The notice shall state the cause for suspension.
(Prior code § 2347; Ord. 414 § 2, 1978; Ord. 531 § 2, 1981)
When a permit authorized under the provisions of this chapter is denied, suspended or revoked, the applicant or permittee may, within 10 days of such action, appeal to the City Council by filing a petition therefor with the City Clerk. Such denial, suspension or revocation shall be final if an appeal is not filed in accordance with this section.
(Prior code § 2348; Ord. 414 § 2, 1978; Ord. 531 § 2, 1981)
It is unlawful for any pawnbroker or secondhand dealer to sell or otherwise dispose of any article, merchandise or thing within 30 days, except to the pledgor, after the same has been received or purchased, or to fail to keep such article, merchandise or thing unaltered, as pledged or purchased, in lots separate and apart from other articles, merchandise or things in the place of business of such pawnbroker or secondhand dealer for a period of 30 days from the date of pledge or purchase thereof, except upon the approval of the chief of law enforcement.
(Prior code § 2349; Ord. 414 § 2, 1978; Ord. 531 §§ 2, 3, 1981)
It is unlawful for any pawnbroker or secondhand dealer to purchase or sell articles from which identification marks have been removed. Any person who knowingly buys, sells, receives, disposes of, conceals, or has in his or her possession a radio, piano, phonograph, sewing machine, washing machine, typewriter, adding machine, comptometer, bicycle, a firearm, safe, vacuum cleaner, dictaphone, watch, watch movement, watch case, or any mechanical or electrical device, appliance, contrivance, material, piece of apparatus or equipment from which the manufacturer's nameplate, serial number or other distinguishing number or identification mark has been removed, defaced, covered, altered or destroyed is guilty of a misdemeanor.
(Prior code § 2350; Ord. 414 § 2, 1978; Ord. 531 § 2, 1981)
All pawnbrokers and dealers in secondhand articles of every kind, nature or description shall keep a record of any and all articles by such person acquired by purchase, pledge or otherwise, which record shall at all times during ordinary business hours be open to inspection by any law enforcement officer; and such person shall, in addition to keeping such records, daily deliver to the chief of law enforcement, upon blank forms of type and content which shall be approved by the chief of law enforcement for that purpose, and setting forth a full, true and complete report of all such previously named articles acquired by purchase, pledge or otherwise by such persons during the entire calendar day preceding such report, together with the hour of the day at which and a reasonable description and true name of the person from whom such article was so acquired, as accurately as can be obtained by the person making such report.
(Prior code § 2351; Ord. 414 § 2, 1978; Ord. 531 § 2, 1981)
The following are excluded from the operation of this chapter:
A. 
Secondhand motor vehicles, the transfer of ownership of which is required to be made a matter of record with the California Motor Vehicle Department pursuant to the California Vehicle Code, except that the records of dealers of purchases and sales of such articles made within the City shall be open to the inspection of the chief of law enforcement;
B. 
Trade-ins; receipt or sale of secondhand articles by any person, firm, corporation or association that receives such secondhand articles as part payment of a new article, if such person, firm, corporation or association is the authorized representative or agent of the manufacturer or regularly deals in the new articles sold.
(Prior code § 2352; Ord. 414 § 2, 1978; Ord. 531 § 2, 1981)