For the purpose of this chapter, certain terms used in this chapter are defined as follows:
"Secondhand dealer"
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 tangible personal property"
means and includes any personal property, whether in its original form or condition or not, which has been previously sold to or used by a person other than the secondhand dealer who acquires or receives such personal property.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
The provisions of this chapter shall apply to any secondhand dealer in used component parts of any mechanical equipment or of motor vehicles and motor vehicle accessories, but shall not apply to used car dealers or used equipment dealers who are not engaged in the business of buying and selling used vehicle parts or accessories, or used machinery parts, and shall not apply to persons dealing in or conducting transactions concerning used beds, sofas, chairs, tables, or rags, bottles, barrels, cans or secondhand or castoff clothing or shoes, or to any secondhand personal property acquired as provided and set forth in Section 21629 of the Business and Professions Code.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
It is unlawful for any person to act as a secondhand dealer without first making an application for and receiving from the city clerk a license to act as such secondhand dealer in the city.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
Any person desiring a license hereunder shall make application to the city clerk upon blanks furnished therefor. If the application is made by an individual, he or she shall make oath that the contents of said application are true, and the contents of the application shall include the name and age of applicant, his or her present address or addresses, and the name under which, and the place where, the applicant has conducted a similar business within twelve months immediately preceding the date of said application. If the business is to be engaged in by a partnership, association or corporation, the application for a license shall be made by the general manager thereof, or by one having the authority of a general manager. In such case, the application shall state the true name of the organization, the date of its organization, its type, the location of its principal place of business, the names and addresses of its officers, or, in the case of a copartnership, the names and addresses of all the partners.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
The applicant, at the request of the police chief, shall accompany such application with photographs and fingerprints of all the individuals who are to be actually engaged in the management of the business or in buying or otherwise acquiring secondhand tangible personal property for the business for which the license is requested. In the event any other person, after the license has been granted, shall be engaged in the management of the business or in buying or otherwise acquiring such secondhand tangible personal property, the licensee shall furnish to the police chief on request the photograph and fingerprints of such person. No license shall be issued until any such demand has been complied with, and any license which shall have been issued shall be suspended or revoked if the licensee does not, within a reasonable time, comply with the provisions of this section.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
The license applied for shall not be issued to the applicant until the police chief, after investigation, files a report upon such application designating whether or not the applicant is a proper person to be granted the license applied for. No applicant shall be reported as a proper person to be granted a license under this chapter unless and until it appears that said applicant's conduct or proposed conduct of the business of secondhand dealer does and will comply with all pertinent laws and ordinances, including but not limited to those relating to the public health and to zoning. The police chief shall be allowed sixty days from the date of the application, if he or she desires, within which to file such report.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
The required annual fee for a license under this chapter shall be twelve dollars, payable quarterly or annually.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
In the event of adverse report by the police chief on application for license under this chapter, the applicant may, within ten days after written notice of such adverse report, file with the city council a notice of intention to appear before the council to appeal from the action of the police chief. Upon failure to file such notice within such ten-day period, the action of the police chief in reporting adversely on an application shall be final and conclusive.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
The police chief, upon receiving verified information of or having knowledge of violation by any licensee of any of the terms hereof, or of any statute of the state, shall serve upon said licensee, or his or her agent, a notice to appear before the city council to show cause why the license should not be suspended for a limited period, or revoked. Said notice must be served not less than two days before the time fixed by the police chief for such hearing. The city council, upon such hearing, may take testimony and receive evidence in regard to the alleged violation and determine on the basis thereof whether or not the license shall be suspended for a limited period, or revoked.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
Whenever a license is suspended under the terms and provisions of this chapter, an application may be made for reinstatement of the license after, but not before, the expiration of a period of thirty days from the date of the suspension; whenever a license is revoked under the provisions hereof, an application may be made for a license after, but not before, the expiration of a period of ninety days from and after the date of the revocation.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
At the time and place of the acquisition of any secondhand tangible personal property as set forth herein, or pursuant to Section 21628 of the Business and Professions Code, said secondhand dealer shall write on the report form prescribed and furnished by the police chief a brief description of the person so selling, giving in trade, giving in pawn, or otherwise transferring possession of said property and shall obtain a signature of such person thereon. Said report form and information shall be made and kept available for inspection by any law enforcement officer.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
If any article of tangible personal property is delivered to or received by a secondhand dealer from a vehicle or a person operating a vehicle, the license number, state of registration, and the year, make, type and color of said vehicle shall also be obtained and placed on said report form.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
The description of any tangible personal property not within the definition of identifiable property as defined by Section 21627 of the Business and Professions Code shall include, but shall not be limited to:
A. 
The manufacturer's name or brand, if any;
B. 
The size, color and material of which made;
C. 
Any number, word, mark or initial found thereon; and
D. 
Any obvious defect which may assist in the identification of the property.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
In addition to any "Identifiable" secondhand tangible personal property, as such term is defined by Section 21627 of the Business and Professions Code of California, every secondhand dealer shall also report all other secondhand tangible personal property which he or she has purchased, taken in trade, taken in pawn, accepted for sale on consignment, or accepted for auctioning, to the police chief in accordance with the provisions of this chapter not later than twelve noon of the second day following the acquisition of such property, on such forms as may from time to time be furnished by the police chief, which report shall be postmarked not later than twelve noon of the day of the filing of said report, unless said report is personally delivered to the police chief at the time set for said reporting.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
A. 
The police chief shall prescribe and furnish such report forms as may be required for the purposes set forth herein to secondhand dealers, which forms shall conform with the forms prescribed by the California State Bureau of Criminal Identification and Investigation and shall contain in addition to the information required by said Bureau of Criminal Identification and Investigation such additional information as is prescribed in this chapter and may be required by the police chief as shown on said forms.
B. 
Said report forms shall provide appropriate space for identification information concerning the person from whom any articles of tangible personal property are acquired or obtained and a space for the signature of such person. Such identification information shall be taken from identification documents of the person concerned, including but not limited to an unexpired motor vehicle operator's license.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
Every secondhand dealer shall immediately notify the police chief by telephone, or other means likely to reach the police chief without delay, whenever said dealer has reason to believe from the circumstances of any offer to transfer possession of any article of tangible personal property by any transferor or intended transferor that said property so offered has been stolen.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
Every secondhand dealer shall, in addition to compliance with the provisions of Section 21636 of the Business and Professions Code, retain in his or her possession for a period of at least ten days all secondhand tangible personal property other than identifiable personal property as defined in Section 21627 of said Code. The ten-day holding period with respect to such secondhand tangible personal property shall commence with the date the report of its acquisition is made to the police chief by the secondhand dealer. The police chief may, for good cause, authorize prior disposition of any such property described in a specific report, and in such case a secondhand dealer may then sell or dispose of such property prior to the expiration of such ten-day period, provided he or she obtains the name, address and description of the buyer and retains this information for a period of three years as a matter of record which shall be made available for inspection by any law enforcement officer.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
It is unlawful for any person, firm or corporation, as owner, manager, agent or employee of any establishment or place open to the patronage of the public, to invite, induce or knowingly allow any patron, guest, invitee or customer of said establishment or place to sell or offer to sell to any other patron, guest, invitee or customer of said establishment or place, or to exchange or offer to exchange with any other patron, guest invitee or customer of said establishment or place, any article of personal property unless:
A. 
The owner, manager or employee of said establishment or place keeps on said premises, when said establishment or place is open to the public, a bound record book with its pages consecutively numbered, which book shall be open to the inspection of the police chief or his or her deputies or agents, and which book shall contain the following: A description and serial number, if any there be, of each article of personal property intended to be sold or exchanged, and the name, address, occupation and signature of the person selling or exchanging or intending to sell or exchange said article of personal property, together with the name and address of the transferee of said property and the day, month and year of said transfer.
B. 
At least two days prior to conducting any sale or exchange of personal property on said establishment or place of business, the owner, manager, agent or employee thereof shall notify the police chief in writing of the time and place such sale or exchange will be conducted, unless such sales or exchanges are conducted at regular stated intervals, in which event said police chief shall be so notified in writing by said owner, manager, agent or employee at least two days prior to conducting the first of said sale or exchange, and said notice shall specify the times when the places where subsequent sales or exchanges are to be conducted.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
It is unlawful for any person to use a fictitious name as his or her own or to give a fictitious or incorrect address as his or her address in the preparation of any report to be prepared pursuant to any of the provisions hereof, or pursuant to Division 8, Chapter 9, Article 4 of the Business and Professions Code.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
It is unlawful for any secondhand dealer to purchase, or otherwise acquire, any secondhand tangible personal property offered to such a dealer by any person known, or who such dealer should reasonably have known, to be under the age of eighteen years.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
It is unlawful for any secondhand dealer to purchase, or otherwise acquire, secondhand tangible personal property within this city between the hours of nine p.m. of one day and seven a.m. of the next day.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
Every person violating, failing, neglecting and/or refusing to comply with any of the provisions of this chapter is guilty of an infraction, and each such person is guilty of a separate offense for each day during any portion of which the violation, failure, neglect and/or refusal to comply with any of the provisions hereof is committed, continued or permitted by such person.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part) and Art. III §K, 1979; Ord. 79-17 §1(part), 1979)