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)
