The City Council of the City of Stockton desires to fairly and impartially regulate retail transactions of pawnbrokers, cash for gold stores, exchange dealers and secondhand dealers for the purpose of:
A. 
Identifying stolen property unintentionally received by the regulated parties; and
B. 
Detecting regulated parties intentionally transacting business in stolen property.
(Ord. 2014-02-25-1502 C.S. § 1)
For purposes of this chapter, certain words and phrases are defined, and certain provisions shall be construed as herein set out, unless it shall be apparent from their context that a different meaning is intended.
"Cash for gold stores"
means any person who engages in the retail purchase and resale of precious metals.
"Exchange dealer"
means and includes every person who engages in or conducts the business of accepting secondhand articles in full or partial payment for any other article or articles carried as stock in trade by such person, and shall include the acceptance of any article in full or partial payment for any rebuilt or remanufactured article of similar or different nature. This definition shall not apply to dealers whose principal or primary business is retailing or wholesaling new merchandise.
"License"
means a license issued by the State of California Department of Justice to operate as either a pawnbroker or secondhand dealer within a specific jurisdiction.
"Pawnbroker"
means a person, other than banks, trust companies or bond brokers who may otherwise be regulated by law and authorized to deal in commercial papers, shares of stock, bonds and other certificates of value, who keeps a loan office or pawn shop and is engaged in conducting, managing or carrying on the business of loaning money, for him, her or itself or for any other person, upon receipt of personal property, including jewelry and precious stones, other personal security, pawns or pledges, or the business of purchasing articles of personal property and reselling or agreeing to resell such articles to the vendors or their assignees, at prices agreed upon at or before the time of such purchase. A pawnbroker is also a secondhand dealer but a secondhand dealer is not necessarily a pawnbroker.
"Pawnshop"
means any room, store or place in which business or activity described under the definition of pawnbroker, is carried on or conducted,
"Permit"
means a permit issued by the police chief pursuant to this chapter to operate as either a pawnbroker, cash for gold store, exchange dealer or secondhand dealer within the City of Stockton.
"Person"
means any person, individual, group, firm, association, partnership, corporation, company, sole proprietorship, or any other legal entity.
"Police Chief"
means the chief of police of the City of Stockton and designee.
"Secondhand dealer"
shall have the same meaning as that term is defined in California Business and Professions Code Section 21626 and includes cash for gold stores and exchange dealers. A "secondhand dealer" does not include a coin dealer or participants at gun shows or events, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, as amended from time to time, or any successor provision of law or regulation.
(Ord. 2014-02-25-1502 C.S. § 1)
A. 
Unless exempt pursuant to Section 5.28.040, it is unlawful for any person to engage in or conduct a cash for gold, pawnbroker or secondhand dealer business as defined in Section 5.28.020 without a permit.
B. 
Neither the obtaining of a permit nor compliance with the operating standards provided in this chapter shall obviate the need for, or excuse any noncompliance with, the zoning code, building code, fire code, or any other additional permit requirement or standard made applicable to cash for gold, pawnbroker or secondhand dealer businesses under any other provision of this code or State or Federal law.
(Ord. 2014-02-25-1502 C.S. § 1)
The following are exempt from the permit requirement pursuant to this chapter. This exemption does not relieve these businesses from complying with all other applicable laws, including but not limited to, the provisions listed in the definition of secondhand dealer in Section 5.28.020 above, all operational standards contained in Article II, and all other laws related to crime and nuisance.
A. 
Religious, charitable, public service clubs, or nonprofit organizations conducting the periodic sale of goods, wares or merchandise as set forth in the definition of secondhand dealer in Section 5.28.020.
B. 
Any person whose principal business is not the buying and selling or receiving pledges of used or secondhand articles, when such person receives office equipment, scales or musical instruments from any governmental subdivision or manufacturing business or professional concern known to the secondhand dealer which concern has used said article or articles in its business.
(Ord. 2014-02-25-1502 C.S. § 1)