For the purposes of this chapter, the following words and phrases
are defined as follows:
means any person, copartnership, firm or corporation whose
primary business is buying, selling, trading, taking to pawn, or accepting
secondhand tangible personal property for sale on consignment.
means all new or used property received in pledge as security
for a loan by a Pawnbroker or a secondhand dealer, or all property
bearing a serial number, personalized initials, or inscription at
the time it is acquired by a secondhand dealer or pawnbroker, or which
at the time of acquisition bears evidence of having had a serial number,
or personalized initials or inscription or all personal property commonly
sold by secondhand dealers determined by the Attorney General to be
frequently stolen.
(Ord. 1245, 1987)
It shall be unlawful in unincorporated areas of Merced County for any person to engage in the business of second hand dealer as defined by § 6.44.010(A) hereof; without having first obtained a license as provided by § 6.44.030.
(Ord. 297, 1953; Ord. 1245, 1987)
The Sheriff shall accept an application for and grant a license
permitting the licensee to engage in the business of secondhand dealer
to an applicant who has not been convicted of an attempt to receive
stolen property or any other offense involving stolen property. Prior
to the granting of a license, the licensing authority shall submit
the application to the Department of Justice. If the Department of
Justice does not comment on the application within 30 days thereafter,
the licensing authority may grant the applicant a license. All forms
for application and licensure, and license renewal, shall be prescribed
and provided by the Department of Justice and may be obtained at the
Sheriff's office. For each person issued a license, the Sheriff
shall collect the current fee for the initial license application
as established by the Board of Supervisors per resolution.
(Ord. 1245, 1987)
A.
A license granted pursuant to § 6.44.020 above shall be renewable one year from the date of issue, and annually thereafter, upon the filing of a renewal application and the payment of a license renewal fee specified by the Board of Supervisors per resolution.
B.
The
license shall be subject to forfeiture by the licensing authority
and the licensee's activities as a secondhand dealer shall be subject
to being enjoined for breach of any of the following conditions:
1.
The
business shall be carried on only in the building or buildings designated
in the license.
2.
The
license, or a copy thereof certified by the licensing authority, shall
be displayed on the premises where it can easily be seen.
3.
The
licensee shall not engage in the business of secondhand dealer, as
defined in § 6.44.010(A) of this chapter with any minor.
4.
The
licensee shall not engage in any act which is in violation of this
article.
5.
The
licensee shall not have been convicted of an attempt to receive stolen
property or any other offense involving stolen property. Any action
which the Sheriff is permitted to take following the establishment
of a conviction may be taken when the time for appeal has elapsed,
or the judgment of conviction has been affirmed on appeal, or when
an order granting probation is made suspending the imposition of sentence.
(Ord. 1245, 1987)
A violation of §§ 6.44.020, 6.44.030, or 6.24.040 is a misdemeanor. Any person found guilty of a violation of a provision hereof shall be punished as prescribed by state law for the first, second and third offenses.
(Ord. 1245, 1987)
Whenever any peace officer has probable cause to believe that
property in the possession of a pawnbroker is stolen, he may place
a hold on such property for a period not to exceed 90 days. The peace
officer shall give the pawnbroker a written notice at the time the
hold is placed, describing the item or items to be held. During such
period the pawnbroker shall not release or dispose of such property,
except pursuant to a court order or upon receipt of a written authorization
signed by the clerk or person having charge of the property section
for the sheriff's department of which the peace officer placing
the hold on the property is a member pursuant to State Code and this
chapter. If the clerk or person having charge of the property section
for any sheriff's department determines that the property has
been stolen and authorizes release of the property to the owner, the
owner of the property shall be given a statement by such clerk or
person which clearly indicates that the law neither requires nor prohibits
payment of a fee or any other condition in return for surrender of
the property. A pawnbroker shall not be subject to civil liability
for compliance with this section.
(Ord. 1245, 1987)
Every person, firm, association, or corporation outside of the
corporate limits of any town or city, dealing in secondhand goods,
wares, merchandise or other articles, and including therein used automobiles,
used automobile parts and accessories, either as pawnbroker, public
auction yard, junk dealer or otherwise, shall keep a rec-ord of all
such articles sold, pledged or purchased, which articles and records
shall at all times during business hours be opened to the inspection
of any peace officer and the district attorney's office of Merced
County; and shall mail to the sheriff's office at Merced, California,
at least every Monday, the original or a true copy, of such record.
Such articles shall be held seven days after mailing such report before
resale. Such records shall show the hour and the day when each article
was received on deposit, pledge, or purchase and the true name and
address, as nearly as the same is known to or can be ascertained by
such person, firm, association, or corporation, of the person or persons
by whom such article was left on deposit, pledge, or sold, together
with the signature of the person depositing, pledging or selling the
article. Such report shall also show the number of the pawn ticker,
amount loaned or paid, and a complete description of each article
left on deposit, pledge, or purchased. Such report shall also show
license number of vehicle used by person selling, pledging, or pawning.
If any articles so left on deposit, pledge, or purchased has engraved,
cut, stamped, or painted thereon any number, word, or initial, or
contains any distinctive markings of any kind, the description of
such article and such report shall refer to the same.
(Ord. 297, 1953; Ord. 1245, 1987)
