Except as otherwise specified in this section, the terms used
in this article shall have the same meaning as those terms are defined
in the California Business and Professions Code, Chapter 9, Article
3, Section 21600 et seq., or as those sections may subsequently be
amended.
means the Chief of Police of the City of Stockton and designee.
means those materials, as defined in California Health and
Safety Code Section 25260, or as that section may subsequently be
amended.
means any and all secondhand and used machinery and all ferrous
and nonferrous scrap metals and alloys, but does not include secondhand
and used furniture, pallets.
includes any person engaged in the business of buying, selling
and dealing in junk, any person purchasing, gathering, collecting,
soliciting or traveling about from place to place procuring junk,
and any person operating, carrying on, conducting or maintaining a
junk yard or place where junk is gathered together and stored or kept
for shipment, sale or transfer.
includes any yard, plot, space, enclosure, building or any
other place where junk is collected, stored, gathered together and
kept.
means any processor, recycling center, or noncertified recycler, as those terms are defined in Chapter 2 (commencing with Section 14502) of Division 12.1 of the Public Resources Code, who buys or sells scrap metal that constitutes junk as defined in Section 21600.
includes, but is not limited to, materials and equipment commonly used in construction, agricultural operations and electrical power generation, railroad equipment, oil well rigs, nonferrous materials, stainless steel, and nickel which are offered for sale to any junk dealer or recycler, but does not include scrap iron, household generated waste, or aluminum beverage containers, as defined in Chapter 2 (commencing with Section 14502) of Division 12.1 of the Public Resources Code.
(Ord. 2014-02-25-1502 C.S. § 1; Ord. 2014-10-07-1501 C.S. § 1)
This article shall not apply to those persons or transactions
set forth in California Business and Professions Code Sections 21603
and 21604, or as those sections may subsequently be amended.
(Ord. 2014-02-25-1502 C.S. § 1; Ord. 2014-10-07-1501 C.S. § 1)
A.
It is
unlawful for any person to engage in, conduct, or operate the business
of junk dealer in the City without first securing a license to do
so from the Chief of Police.
B.
A recycler, processor, recycling center, or noncertified recycler, as those terms are defined in Chapter 2 (commencing with Section 14502) of Division 12.1 of the California Public Resources Code shall not be subject to the requirements of this article, but shall be regulated by provisions of Chapter 9, Article 3 (commencing with Section 21600) of the California Business and Professions Code.
(Ord. 2014-02-25-1502 C.S. § 1; Ord. 2014-10-07-1501 C.S. § 1)
The applicant for a license to engage in, conduct, or operate
the business of junk dealer shall file an application on a form provided
by the Chief of Police and shall pay a filing fee, which shall not
be refundable.
(Ord. 2014-02-25-1502 C.S. § 1; Ord. 2014-10-07-1501 C.S. § 1)
A.
Any
person desiring a license, or to renew a license, hereunder shall
make application to the Police Chief in the form furnished therefor.
If the application is made by an individual, he or she shall affirm
under penalty of perjury that the contents of the application are
true, and the contents of the application shall include the name and
age of applicant, his or her present address or addresses, including
the address of the proposed place of business and the facilities to
be used. The application shall also include the name under which,
and the place where, the applicant has conducted a similar business
within 12 months immediately preceding the date of the 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 co-partnership, the names and addresses
of all the partners.
B.
In accordance
with California Business and Professions Code Sections 12703 and 12733,
the applicant shall attach to the application documentation to the
satisfaction of the tax collector that the applicant holds a current
and active California weighmaster license. A copy of the applicant's
current weighmaster license shall be displayed in a prominent location
at each location where the applicant conducts business.
C.
The
applicant shall acknowledge having read Penal Code Section 496a, which
shall be prominently set forth within the application in bold type.
D.
The
application for a license to engage in, conduct or operate a business
of junk dealer shall set forth the name and address of each applicant,
and include whether the junk dealer will engage in welding, use of
a propane tank, or cutting torches operated by compressed gases, and
such other information as the Chief of Police deems necessary to investigate
the applicant and the applicant's proposed place of business.
(Ord. 2014-02-25-1502 C.S. § 1; Ord. 2014-10-07-1501 C.S. § 1)
The applicant shall accompany the 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
junk for the business for which the license is requested. In the event
any other person or employee is engaged in the management of the business
or in buying or otherwise acquiring such junk after the license has
been granted, the licensee shall furnish to the Police Chief the photograph
and fingerprints of such person within 10 days of such engagement
and employment. Failure to comply with this section may subject the
licensee to suspension or revocation of the license and any violation
of this section shall prevent the renewal or reissuance of any license.
(Ord. 2014-10-07-1501 C.S. § 1)
If the applicant for a license is a corporation, the application
shall set forth the name of the corporation exactly as set forth in
the Articles of Incorporation, together with the names and addresses
of each officer, director and shareholder owning more than 10 percent
of the stock of such corporation.
(Ord. 2014-02-25-1502 C.S. § 1; Ord. 2014-10-07-1501 C.S. § 1)
If the applicant to engage in, conduct, or operate the business
of junk dealer is a partnership, the application shall set forth the
names and addresses of each partner, including limited partners. If
one or more of the partners is a corporation, the provisions for corporate
applicants shall apply to such corporate partners.
(Ord. 2014-02-25-1502 C.S. § 1; Ord. 2014-10-07-1501 C.S. § 1)
Every application for a license shall be verified in accordance
with the provisions of the California Code of Civil Procedures governing
the verification of pleadings.
(Ord. 2014-02-25-1502 C.S. § 1; Ord. 2014-10-07-1501 C.S. § 1)
Within five City business days from receiving an application
to engage in, conduct or operate the business of junk dealer, the
Chief of Police shall refer the application to the Building Department,
Fire Department, and the Planning Department for inspection of the
premises proposed to be operated as a junkyard by the applicant. These
departments shall, after investigation, file a written recommendation
upon the 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 the applicant's conduct
or proposed conduct of the business does and will comply with all
applicable laws and ordinances, including, but not limited to, those
relating to the public health and to zoning. Each department shall
make written recommendations to the Chief of Police, no later than
30 calendar days after receiving the referral.
(Ord. 2014-02-25-1502 C.S. § 1; Ord. 2014-10-07-1501 C.S. § 1)
A.
The
Chief of Police is authorized to issue a junk dealer's license upon
making findings consistent with the general policy of this article.
Such findings shall include, at a minimum, the following:
1.
That
the premises to be used by the applicant as a junkyard conform to
all applicable laws, including, but not limited to, the building,
housing, health and safety, fire, and development codes of the City;
2.
That
the applicant has appropriate permits for welding, use of propane
tanks, or cutting torches operated by compressed gases if the license
holder will use such items in the business;
3.
That
the applicant has not been convicted of a crime involving the possession
or theft of property, fraud, hazardous materials or the environment,
or crimes related to the operation of a junk dealer; provided, however,
the Chief of Police shall not take into account a conviction that
occurred at least five years prior to the date of the application
and, as of the date of the application, at least five years have elapsed
since the applicant was released from any disability resulting from
the conviction and the applicant has no subsequent convictions for
a felony or misdemeanor offense involving the possession or theft
of property, fraud, hazardous materials or the environment, or crimes
related to the operation of a junk dealer;
4.
That
the proposed location of the business is a suitable place to carry
on the business of junk dealer. In making this finding, the Chief
of Police may take into consideration the effect of the issuance of
the license on the surrounding inhabitants and businesses;
5.
That
the applicant has not had any license or permit to engage in a business
or profession within the State of California revoked because of a
violation of law or because of violation of regulations promulgated
by the regulating agency having control or jurisdiction over the license
or permit. However, the Chief of Police shall not consider any such
revocation if it occurred at least five years prior to the date of
the application; and
6.
That
the applicant has not had civil penalties imposed by a court or other
government agency related to the operation of a junk dealer business
or relating to hazardous materials or the environment within the past
five years prior to the date of application.
B.
Within
30 calendar days of receiving all of the recommendations from the
departments, the Chief of Police shall, in writing, grant, conditionally
grant, or deny the application. If the Chief denies the application,
he or she shall include the reasons for the denial in the written
determination. Failure of the Chief to act within the specified time
shall not entitle the applicant to issuance of the license.
(Ord. 2014-02-25-1502 C.S. § 1; Ord. 2014-10-07-1501 C.S. § 1)
The licenses provided for in this section shall be issued for
a period of one year from the date of issuance.
(Ord. 2014-10-07-1501 C.S. § 1)
The action of the Chief of Police in denying a junk dealer license
may be appealed to the City Manager. The notice of appeal shall be
in writing, and shall state the grounds for the appeal, admitting
and denying those determinations of the Chief of Police included in
the notice of denial. The notice of appeal shall be filed with the
City Manager within 10 City business days after the denial of the
license application. Upon failure to file such notice within the 10-day
period, the action of the Chief of Police in denying the license shall
be final and conclusive.
If the notice of appeal is timely filed, accompanied by payment of an appeal fee in an amount as may be established from time to time by resolution of the City Council, the City Manager shall schedule the matter for hearing. The City Manager may, in his or her sole discretion, hear the appeal, designate a member of City staff to hear the appeal, or submit the appeal to an administrative hearing officer. Except as otherwise provided in this article, the hearing shall be conducted in accordance with the provisions of Chapter 1.40 of this code.
(Ord. 2014-02-25-1502 C.S. § 1; Ord. 2014-10-07-1501 C.S. § 1)
No person granted a license pursuant to the provisions of this
article shall operate under another name or in any location not specified
on the license.
(Ord. 2014-02-25-1502 C.S. § 1; Ord. 2014-10-07-1501 C.S. § 1)
No license issued pursuant to the provisions of this article
shall be transferred to any other person or to any other location
without the written consent of the Chief of Police; provided, however,
that upon the death or incapacity of the licensee, the junkyard may
continue for a reasonable period of time to allow for an orderly transfer
of the license.
(Ord. 2014-02-25-1502 C.S. § 1; Ord. 2014-10-07-1501 C.S. § 1)
The holder of a valid junk dealer license issued pursuant to
the provisions of this article shall be entitled to have the license
renewed annually in accordance with the following procedures:
A.
An application for renewal of any such license, verified in accordance with Section 5.28.250, shall be filed with the Chief of Police no later than 30 calendar days before the anniversary date of the license for which renewal is sought.
B.
The
licensee shall include the following with the renewal application:
1.
Documentation
of all notices of violation related to the operation of the business
during the past year issued by any governmental entity, including
the City, to the business, property owner, license holder, or employees;
2.
Documentation
specifying corrective actions taken to address previous notices of
violation or other conditions placed on the business;
3.
Documentation
of criminal citations related to the operation of the business issued
to the business, property owner, license holder or employees, including
citations for failing to comply with State or local law applicable
to junk dealers, or for receiving stolen property;
4.
Updated
information, if any, regarding the license holder or owner of the
business, including change of address, change of ownership, or change
of partnership or corporate status; and
5.
If
applicable, documentation proving that the license holder has valid
permits for the use of welding equipment, propane tanks, or cutting
torches operated by compressed gasses on the premises or as part of
its business.
C.
If based on the information specified in subsection B of this section, the licensee is in compliance with the requirements of this article, and if there have been no material changes in the operation of the junk dealer business that have not been previously approved by the City, the license shall be deemed renewed for another one year period and the Chief of Police shall issue such renewal.
(Ord. 2014-02-25-1502 C.S. § 1; Ord. 2014-10-07-1501 C.S. § 1)
Each junk dealer and recycler shall maintain written records
as required pursuant to California Business and Professions Code Section
21606 et seq., or as that section may be subsequently amended.
A.
Inspection.
Each junk dealer or recycler shall allow, during normal business hours,
a periodic inspection of the premises pursuant to California Business
and Profession Code Section 21606.5, or as that section may subsequently
be amended.
B.
Posting
of License. The junk dealer license shall be posted in a conspicuous
place at the junkyard.
C.
Maintenance
of Premises. Each junk dealer shall maintain the sidewalks, driveways
and other areas adjacent to the premises clear of obstacles, trash
and debris.
D.
Loitering
Near Premises. Each junk dealer shall take reasonable steps to ensure
that its customers do not loiter in the areas adjacent to or near
the premises.
(Ord. 2014-02-25-1502 C.S. § 1; Ord. 2014-10-07-1501 C.S. § 1)
No person holding a junk dealer license shall purchase:
A.
Any
item from a seller who does not present at the time of the transaction
a valid driver's license or other valid government-issued identification.
B.
Automotive
or mechanical parts that contain hazardous materials.
C.
Goods
where the license holder or employee has or should have reason to
believe that the goods may be stolen.
(Ord. 2014-02-25-1502 C.S. § 1; Ord. 2014-10-07-1501 C.S. § 1)
A license issued to a junk dealer may be suspended or revoked
at any time by the Chief of Police after a hearing for cause. "Cause"
includes, but is not limited to:
A.
Violation
of any of the provisions of this article, including violations by
employees where the license holder knew or should have known of the
violation.
B.
Refusal
to permit any peace officer, or other authorized person, to inspect
the premises as authorized pursuant to the Business and Professions
Code.
C.
Violation
of the Business and Professions Code of the State relating to the
operations of junk dealers and recyclers.
D.
Violation
of the Stockton Municipal Code, including, but not limited to, the
building, housing, health and safety, fire, and development codes.
E.
Use
of welding equipment, propane tanks, or cutting torches operated by
compressed gasses without valid permits.
(Ord. 2014-02-25-1502 C.S. § 1; Ord. 2014-10-07-1501 C.S. § 1)
A.
Notice of Suspension or Revocation. The Chief of Police may initiate suspension or revocation proceedings by sending written notice setting forth the cause for the suspension or revocation, in accordance with Section 5.28.360. The notice shall be served by personal delivery or by certified mail, return receipt requested, to the licensee's business address as approved in the license.
B.
Appeal
of Suspension or Revocation. The action of the Chief of Police in
suspending or revoking a junk dealer license shall be subject to an
appeal. The notice of appeal shall be in writing, and shall state
the grounds for the appeal, admitting and denying those determinations
of the Chief of Police included in the notice of suspension or revocation.
The notice of appeal shall be filed with the City Manager within 10
City business days after the denial of the license application.
Upon failure to file such notice within the 10-day period, the
action of the Chief of Police in suspending or revoking the license
shall be final and conclusive.
If the notice of appeal is timely filed, accompanied by payment of an appeal fee in an amount as may be established from time to time by resolution of the City Council, the City Manager shall schedule the matter for hearing with an Administrative Hearing Officer. Except as otherwise provided in this article, the hearing shall be conducted in accordance with the provisions of Chapter 1.40 of this code.
(Ord. 2014-02-25-1502 C.S. § 1; Ord. 2014-10-07-1501 C.S. § 1)
A.
Notwithstanding
any other provision of this article, the Chief of Police shall have
the authority to suspend a junk dealer license immediately if the
Chief determines, based on reasonable cause, that the junk business
poses an immediate threat to the safety of the public or the employees.
The suspension shall be accomplished by sending written notice setting
forth the grounds for the suspension. The notice shall be served by
personal delivery or by certified mail, return receipt requested,
to the licensee's business address as approved in the license.
B.
Within 24 hours after sending the notice to the license holder, the Chief shall transmit a copy of the notice, together with the reasons for the suspension, to the City Manager. Within 10 calendar days of service of the notice to the license holder, the City Manager shall schedule the matter for hearing, in accordance with Section 5.28.370(B).
(Ord. 2014-02-25-1502 C.S. § 1; Ord. 2014-10-07-1501 C.S. § 1)
Violation of the provisions of this chapter, with the exception
of Section 5.28.360(E) and (F), shall be punishable as a misdemeanor
by a fine not to exceed $1,000.00 or by imprisonment in the County
Jail not to exceed six months or by both such fine and imprisonment.
(Ord. 2014-02-25-1502 C.S. § 1; Ord. 2014-10-07-1501 C.S. § 1)
Every person issued a license pursuant to the provisions of
this article shall pay an annual license fee, payable in advance to
the Finance Department.
(Ord. 2014-02-25-1502 C.S. § 1; Ord. 2014-10-07-1501 C.S. § 1)
Nothing in this chapter negates the requirement for a valid
business license issued in accordance with Chapters 5.04 through 5.20
of this title.
(Ord. 2014-02-25-1502 C.S. § 1; Ord. 2014-10-07-1501 C.S. § 1)
