This article is intended to implement minimum standards applicable to the operation of all pawnbrokers, cash for gold stores, and secondhand dealer establishments whether or not such establishments are subject to the permit requirement of Article I. Nothing in this article shall limit the city's authority to impose and enforce permit conditions under Section 5.28.030, requiring pawnbroker, cash for gold, and secondhand dealer establishments to comply with operating standards that are more strict, comprehensive, or onerous than the minimum standards imposed by this article.
(Ord. 2014-02-25-1502 C.S. § 1)
A. 
It is unlawful for any person conducting or maintaining the business of a pawnbroker, cash for gold store, secondhand dealer, or exchange dealer, or any agent or employee thereof, to keep or cause to be kept, such a place of business open on any of the following holidays, or, the day that holiday is officially observed: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. On any other day, said business shall operate only between the hours of 7:00 a.m. and 9:00 p.m.; provided, however, that on Saturday and days preceding the aforesaid holidays, such business may be kept open until 11:00 p.m.
B. 
Any person engaged in conducting any business other than those set forth in subsection A above, on the same premises as such business, or in conjunction with the same, shall notwithstanding, close the place of such other business at the same time and in the same manner as herein provided. No person shall be engaged in any occupation at such place of business or businesses, or remain therein, during any such time such place of business or businesses is by this section required to be closed.
(Ord. 2014-02-25-1502 C.S. § 1)
Every permit issued pursuant to this chapter shall be conspicuously displayed so that it may be easily seen by any person on the premises.
(Ord. 2014-02-25-1502 C.S. § 1)
Any permit issued pursuant to this chapter is valid only at the address and for the person specified therein and is not transferable to any other person. Change of the establishment address requires the pawnbroker, cash for gold store, exchange dealer or secondhand dealer to notify the City of Stockton Police Department in writing 10 calendar days prior to the establishment moving to its new location. Failure to notify the Stockton Police Department of the change of address shall render any permit issued pursuant to this chapter void and any operation of a pawnbroker or secondhand dealer establishment unlawful.
(Ord. 2014-02-25-1502 C.S. § 1)
A. 
Every person managing, maintaining or conducting the business of any pawnbroker, cash for gold store, exchange dealer or secondhand dealer, in the city shall keep, or cause to be kept, at the store or place of business, a record of each transaction.
B. 
The record shall include a description of such article received or delivered in such transaction sufficient to identify the same, including serial number and all particular or prominent marks of identification that may be found on such property, the signature, address, age, sex, residence, legible thumbprint, identification card information and accurate description of the vendor or person receiving, delivering, or transferring the property or who is otherwise dealt with, the amount of money paid or received in such transaction, the rate of interest, if any, and the date and hour of the transaction. This record must be kept on a form approved by the California Department of Justice, written legibly in English and in ink.
C. 
At the time of each transaction, the person from whom the property is being received must present a valid identification card. If the identification card is not valid, then it must have been issued within the last five years.
(Ord. 2014-02-25-1502 C.S. § 1)
A. 
Every person engaged in any of the businesses described in Section 5.28.090 shall be required, at the time of taking or receiving any article in the business for which he or she is so licensed, to place the description of the article or thing pledged, received, or taken, on the face of a form approved by the California Department of Justice and shall within 24 hours (excluding Sunday and holidays) in the case of pawnbrokers and secondhand jewelry dealers and 48 hours (excluding Sunday and holidays) in the case of secondhand dealers, after buying, purchasing or otherwise receiving such goods, wares and merchandise, including radios for use in or upon automobiles, make out and deliver to the Chief of Police, or authorized agent, the original copy of the transaction filled out on the form authorized by the California Department of Justice. The form may also be submitted electronically at the discretion of the business owner.
B. 
Each business shall retain a copy of all transactions for a period of three years from the date of the transaction.
(Ord. 2014-02-25-1502 C.S. § 1)
A. 
The record of transactions required by the provisions contained within Section 5.28.090 shall be open for inspection by the Police Department at any time during business hours, and the Police Department shall also have the right to thoroughly inspect the premises, store or place where the business so recorded is being conducted at any time in search of any lost or stolen property, or to compare the entries kept in such records with the articles located on such premises or place of business. All persons in charge of such business, and the agents and employees thereof, shall render to the Police Department such assistance as may be reasonably necessary to enable it in such inspection or search. The person in charge of such business shall provide the Police Department, each day excepting holidays, a copy of said record of transactions.
B. 
Any alteration of any copies of the record of transactions as set out in Section 5.28.090 is unlawful.
C. 
It is unlawful for any pawnbroker, cash for gold store, exchange dealer, or secondhand dealer located in the city to make any purchase, exchange, pledge, pawn, or other transfer of possession of any article unless the same is recorded as set out in Section 5.28.090.
(Ord. 2014-02-25-1502 C.S. § 1)
A. 
Every person maintaining or conducting the business of a pawnbroker, cash for gold store, exchange dealer, or secondhand dealer in the City of Stockton shall keep or cause to be kept, at the store or place of business, receipt books as hereinafter described. Such books shall be kept in addition to the record of transactions required by Section 5.28.090, and shall consist of duplicate sheets of white paper not less than four by seven inches in size and bearing consecutive numbers. One of each of said duplicate pages shall be so perforated as to enable its removal.
B. 
One of the aforesaid books shall be kept for the recording of, and the receipting for, sales, and there shall be printed at the top of the perforated sheet, in colored type, not less than three-eighths of an inch in height, the following words: "This is a sale and not a pledge."
C. 
One of the aforesaid books shall be kept for recording of, and the receipting for, pledges, and there shall be printed at the top of the perforate sheet, in colored type, not less than three-eighths of an inch in height, the following words: "This is a pledge and not a sale."
(Ord. 2014-02-25-1502 C.S. § 1)
A. 
It is unlawful for pawnbrokers, cash for gold stores, exchange dealers or secondhand dealers to make any purchase, exchange, pledge, pawn, or other transfer of possession of any article, unless the same is recorded in one of the receipt books required by Section 5.28.120, setting forth the name and address of the pawnbroker, a description in the English language of the article involved in such transaction, the date of the sale, the name of the customer with whom such transaction is made, the rate of interest charged, if any, the term of redemption, if any, and the same shall be signed by the pawnbroker or his or her agent making such transaction. The perforated sheet, which shall be the original duplicate, shall, after being filled out as herein provided, be delivered to the person with whom the transaction is made. The duplicate thereof shall be kept by the pawnbroker for a period of at least two years next following the date of the transaction, and shall, during such time, be available at all times during business hours for inspection by the Stockton Police Department.
B. 
Any alteration of such duplicate sheet shall constitute a misdemeanor.
(Ord. 2014-02-25-1502 C.S. § 1)
No permit shall be issued for any pawnbroker, cash for gold store, exchange dealer or secondhand dealer business if the applicant is under 18 years of age, or if the applicant is a firm, partnership or corporation, if any member of such firm or partnership is under 18 years of age.
(Ord. 2014-02-25-1502 C.S. § 1)
It is unlawful for any person maintaining or conducting the business of any pawnbroker, cash for gold store, exchange dealer, or secondhand dealer, or any agent or employee thereof, to purchase or take goods or articles or things offered to him or her by any minor, or knowingly purchase or take such goods, articles or things from any servant or apprentice without first ascertaining that such article or thing is the property of the person delivering the same, or that such servant or apprentice has the authority from the owner to deliver or sell such property. The word "minor" shall mean any person described in Section 6500 of the Family Code who is not an emancipated minor as provided for in Section 7002 of the Family Code.
(Ord. 2014-02-25-1502 C.S. § 1)
It is unlawful for any person maintaining or conducting the business of pawnbroker, cash for gold store, exchange dealer, or secondhand dealer, or any agent or employee thereof, to purchase or take goods or articles or things offered to him or her by any person under the age of 18 years of age who claims legal status as an emancipated minor pursuant to Family Code Section 7002, unless such person shall have executed and delivered to said cash for gold store, pawnbroker or secondhand dealer, or any agent or employee thereof, a certificate substantially as follows:
I hereby declare under penalty of perjury that the following is true and correct: (1) I have entered into a valid marriage, whether or not the marriage has been dissolved; (2) I am on active duty with the armed forces of the United States; or (3) I have received a declaration of emancipation pursuant to Family Code Section 7122.
Executed at Stockton, California
Dated:
Signed:
(Ord. 2014-02-25-1502 C.S. § 1)
All articles purchased, received, exchanged, pledged, pawned, or otherwise taken into possession by any person maintaining or operating the business of pawnbroker, cash for gold store, exchange dealer or secondhand dealer, or the employee or agent thereof, the retention of which is not otherwise provided for by law, shall, except as hereinafter otherwise provided, be held for a period of 30 days before being placed on exhibition, sold, exchanged, removed from the place of business where it was received or delivered to any person, or otherwise disposed of; provided, however, that any such article may be delivered or returned at any time to the true owner thereof or authorized agent; provided further, any furniture, household furnishings, files, desks, chairs, safes, or other office equipment need not be held for more than five days pursuant to the provisions of this section.
(Ord. 2014-02-25-1502 C.S. § 1)
The Police Department may place a hold-order upon property acquired by a pawnbroker, cash for gold store, exchange dealer or secondhand dealer, in the course of his or her business for a period of 90 days and, upon release of such property, may require the dealer to keep a record of the disposition of such property. It is unlawful for any such dealer to dispose of any property contrary to any hold-order issued by a member of the Police Department.
(Ord. 2014-02-25-1502 C.S. § 1)
It is unlawful for any person in the City to pledge, pawn, sell, exchange or otherwise transfer property to a pawnbroker, cash for gold store, exchange dealer or secondhand dealer, under any fictitious or assumed name or address or under any name other than his or her true and legal name and address.
(Ord. 2014-02-25-1502 C.S. § 1)
It shall be the duty of each pawnbroker, cash for gold store, exchange dealer, and secondhand dealer to attach to each article so received, a tag, or other device, containing sufficient information so that the article described and recorded in the bound book may be readily identified.
(Ord. 2014-02-25-1502 C.S. § 1)
It is unlawful for any person engaged in the businesses described in this chapter, or his, her or its manager, agent or employee, to take or receive any goods, articles or things from any person who is in an intoxicated state or condition, or from any person who is a suspected or known thief, or associate of thieves, or a suspected or known receiver of stolen property, or from any persons he, she or it may reasonably suspect to be contained in any of the foregoing categories.
(Ord. 2014-02-25-1502 C.S. § 1)