A.
"Auto wrecker"
"Junk dealer"
"Pawnbroker"
"Pawnshop"
"Secondhand dealer"
For
the purposes of this chapter, the following words and phrases shall
have the meanings ascribed to them unless otherwise noted:
means any person who buys, sells, exchanges, otherwise deals
in or in any other manner comes into possession of any motor vehicle
as defined in the statutes, for the purpose of dismantling or disassembling,
or who dismantles or disassembles any such motor vehicle, whether
for the purpose of selling, utilizing or otherwise disposing of the
component parts of such vehicle, or for the purpose of selling, utilizing
or otherwise disposing of the component materials of such vehicle
either as junk or otherwise.
means any person having a fixed place of business in the
city and engaging in, conducting, managing or carrying on the business,
either wholesale or retail, of buying, selling or otherwise dealing
in any old rags, sacks, bottles, cans, papers, metal, rubber or other
articles commonly known as junk.
means any person engaging in, conducting, managing or carrying
on a business of loaning money on the security of personal property
pledged in his or her keeping, or of purchasing personal property,
and agreeing at or before the time of purchase to resell the same
to the vendor at a stipulated price.
means any room, store or place in which the business of a
pawnbroker is conducted.
means any person engaging in, conducting, managing or carrying
on the business of buying, selling or otherwise dealing in used or
secondhand goods, wares or merchandise.
B.
The
provisions of this chapter shall not be construed to apply to the
receipt or sale of any secondhand goods, wares or merchandise by any
person who received the same as part payment on new goods, wares or
merchandise, if such person is the authorized representative or agent
of the manufacturer, jobber or distributor of the new goods, wares
or merchandise sold.
(Ord. 5972 § 5, 9-14-2021)
A.
No person
shall engage in, conduct, manage or carry on the business of pawnbroker,
secondhand dealer, auto wrecker or junk dealer without having first
obtained a license from the city to do so in the manner provided by
this chapter.
B.
Any person wishing to obtain a license required by this chapter shall file an application according to requirements and procedures in Section 5.04.050.
C.
An application
for a pawnbroker, secondhand dealer, auto wrecker, or junk dealer
license shall include the following additional information:
1.
The
kind of business for which such license is sought and the address
at which such business is to be conducted;
2.
A
statement as to whether or hot an application for a similar license
has been refused, denied or canceled by this or any other municipality
in the state, and if so, a full statement of the reasons therefor;
3.
Applicants
shall provide necessary fingerprints and photographs to enable the
police division to conduct an investigation as required.
(Ord. 5972 § 5, 9-14-2021)
(Ord. 5972 § 5, 9-14-2021)
A.
No person
shall engage in the business of storing or collecting junk, parts
of wrecked, disassembled or dismantled automobiles or other materials
at a yard or place within the city, unless such yard or place is within
a building constructed of the materials and in the manner that buildings
are required or permitted to be constructed in the city, or within
a solidly and entirely fenced enclosure enclosed by a fence not less
than six feet in height constructed of a material such as is required
or permitted to be used in the construction of the outside walls of
buildings. If such fence, or any portion thereof, is within a distance
of 10 feet from a public way or any building or structure, such fence,
or portion thereof, within such distance, shall be at least eight
feet in height, and such junk, parts or other materials shall not
be piled or stacked higher than two feet below the top thereof within
a distance of 10 feet therefrom; provided, that such junk, parts or
other materials shall never be piled or stacked higher than the top
of any fence provided for in this section.
B.
A license, or the renewal of any license which has been, or may hereafter be granted to engage in, conduct, manage or carry on the business of junk dealer or auto wrecker shall be conditioned upon the storage of all junk, or parts of dismantled, disassembled or wrecked automobiles or other materials being had in the manner provided for in subsection A of this section, and any person failing to comply with the provisions of subsection A of this section shall be deemed to be operating without a license.
(Ord. 5972 § 5, 9-14-2021)
A.
Every pawnbroker, secondhand dealer, junk dealer or auto wrecker shall keep a complete record of all goods, wares, merchandise or things pledged to or purchased or received by him or her, or sold or otherwise disposed of, which record shall contain all the matters required to be shown in the report referred to and described in subsection B of this section. Every such record and all goods, wares, merchandise and things pledged to or purchased or received by any such pawnbroker, secondhand dealer, junk dealer or auto wrecker shall be open at all times during business hours to the inspection of any police officer of the city.
B.
Semiweekly
Reports of Purchases, Pledges and Deposits—Posting Requirements.
Every secondhand dealer, junk dealer or auto wrecker shall, on each
Monday and Thursday before the hour of 10:00 a.m., and each pawnbroker
shall at times specified by state law, make out and deliver, or cause
to be made out and delivered to the office of the police division
of the city, on blank forms to be obtained from the office of the
police division for that purpose, a full, true and complete report
of all goods, wares, merchandise or things received on deposit, pledged
or purchased during the period preceding the filing of such report.
Such report shall show the hour of the day when each article was received
on deposit, pledged or purchased, and the true name and address, as
nearly as the same are known or can be ascertained, of the person
by whom such article was left on deposit, pledged or sold, together
with a description of such person. Such report shall show the number
of the pawn ticket, amount loaned, amount of purchase and an accurate
description of each article left on deposit, pledged or purchased.
A copy of this section, to be furnished by the city clerk, shall be
kept conspicuously posted in the place of business of every pawnbroker,
secondhand dealer or auto wrecker.
C.
Every report and record required by the terms of this chapter to be filed or kept shall be written or printed in the English language in a clear and legible manner. Each report form referred to in subsection B of this section shall be filled out completely, leaving no inquiry unanswered, and where no answer is given, a written explanation for the failure to do so must be made.
D.
It is
unlawful for any person to sign or give fictitious name or address
upon the deposit, sale or pledge of any goods, wares, merchandise
or a thing of value, or for use in the report form required to be
made by the provisions of this chapter or for use in the register
required to be kept by the provisions of Section 21202 of the State
Financial Code.
E.
The
chief of police shall cause to be filed in the office of the police
division all reports received pursuant to the terms of this chapter
and the same shall be open to inspection only by members of the police
division of the city. The chief of police will daily submit such reports
to the Department of Justice.
F.
No person
engaged in, conducting, managing or carrying on the business of pawnbroker,
secondhand dealer, junk dealer, auto wrecker or any agent or employee
of any such person, shall fail, refuse or neglect to file any report
in accordance with the provisions of this chapter, or shall fail,
refuse or neglect to keep any record as required by this chapter or
shall fail, refuse or neglect to exhibit to any police officer of
the city immediately upon demand for the privilege of such inspection,
any such record or any goods, wares, merchandise or things pledged
to or purchased or received by such person.
(Ord. 5972 § 5, 9-14-2021)
No pawnbroker, secondhand dealer, junk dealer or auto wrecker
shall sell or otherwise dispose of any article or thing within thirty
days after such article or thing has been received or purchased by
him or her as set forth in Business and Professions Code Section 21636
and as thereafter amended.
(Ord. 5972 § 5, 9-14-2021)
The provisions contained in subsections A, B and F of Section 5.48.050 and Section 5.48.060 shall not be deemed to apply to the purchase or the sale by junk dealers of rags, bottles, other than milk or cream bottles, secondhand sacks, other than cement sacks, barrels, cans, shoes, lamps, stoves or household furniture, with the exception of sewing machines and musical instruments, or the purchase or sale by secondhand dealers of household furniture, with the exception of sewing machines, all musical instruments and typewriters.
(Ord. 5972 § 5, 9-14-2021)
No licensee engaging in managing, conducting or carrying on
the business of junk dealer, junk collector, secondhand dealer or
pawnbroker or the licensee's agent or employee shall receive, buy,
trade, exchange, or otherwise acquire an interest in any goods or
thing, from any person under the age of 18 years. Any statement made
to such licensee, employee or agent by a person under the age of eighteen
years to the effect that he or she is over the age of 18 years shall
not excuse such licensee, employee or agent from any violation of
this provision.
(Ord. 5972 § 5, 9-14-2021)
No person who sells or otherwise disposes of goods, wares or
merchandise to a licensee conducting a business listed in this chapter,
or to such licensee's agent or employee shall fail or refuse to give
his or her true name, correct age and correct address.
(Ord. 5972 § 5, 9-14-2021)
