(a) 
It is unlawful for any person to operate a business in a manner prohibited by this chapter.
(b) 
No person shall engage in or carry on the business of a pawnbroker, or secondhand dealer unless he has a valid business license issued by the City of South San Francisco pursuant to the provisions of Title 6 of this Code, and a Use Permit issued pursuant to the provisions of this chapter.
(Ord. 1001 § 1, 1986)
“Chief of police”
means the Chief of Police of the City of South San Francisco.
“City”
means the City of South San Francisco.
“Pawnbroker”
means every person who keeps a place of business where personal property is received and for which money is advanced, with the right of privilege granted to the person to whom said money is advanced to reclaim such property upon repayment of said money, together with all legal charges incident thereto. This chapter does not regulate banks, savings and loan institutions, credit units, or other banking organizations regulated by state or federal law.
“Permit”
means a Use Permit to operate or engage in the activities of a pawnbroker/secondhand dealer as required by this chapter.
“Person”
means any person, firm, partnership, association, corporation, company, or organization of any kind.
“Secondhand dealer”
means every person who engages in the business of buying, selling, or exchanging, whether as a separate business or in connection with other businesses, when the buying or selling of secondhand tangible personal property exceeds 20% of the gross sales and purchases in the regular course of business, any secondhand property with a serial number, personalized initial or inscription, or which at the time of acquisition bears evidence of having had a serial number, or personalized initials or inscriptions, jewelry, or sterling silver utensils, excepting however, gift exchange establishments whose business consists exclusively of the exchanging of new and unused personal property for some other type of new and unused personal property, secondhand automobile dealers, automobile wrecking establishments, flea markets, and garage sales with or without payment of a reasonable fee for the exchange services rendered.
(Ord. 1001 § 1, 1986)
Every person desiring to establish or operate any of the businesses or activities described in Section 6.92.020(c) and (f) in this City, shall make a written application for a Use Permit as required by Title 20 of this code. In addition to the fees required by Chapter 20, such application shall be accompanied by a nonrefundable processing fee as set by Resolution of the City Council, shall be verified, and shall contain the following information:
(a) 
True name and address of applicant;
(b) 
Date and place of birth of the applicant;
(c) 
The address of the proposed business in the City;
(d) 
Whether the applicant has ever been convicted of a crime, excluding minor traffic violations, and if so, the nature of the offense;
(e) 
Employment or business record for the previous five years;
(f) 
Fingerprints of the applicant, on a suitable form (to be taken by the Police Department);
(g) 
Two and one-half inch by one and one-half inch photographs of the applicant taken within six months of the application;
(h) 
The fingerprints, identifying information, photographs of all partners, agents or employees of the applicant (fingerprints to be taken by the Police Department); and
(i) 
Such other and further information as the Chief of Police may find necessary to process the application.
It shall be the responsibility of the individual making application for a pawnbroker or secondhand dealer Use Permit to obtain Department of Justice Form § 125 (Application for Secondhand Dealer License under California Business and Professions Code Section 21461) and submit a copy of that document, with a South San Francisco Police Department application for pawnbroker/secondhand dealer, and a receipt from the City Department of Finance showing proof of payment of fees per Section 6.92.040(a).
(Ord. 1001 § 1, 1986)
(a) 
Upon receipt of application for a Use Permit, the Planning Director shall forward said application to the Chief of Police who shall cause an investigation to be made into the background of the applicant and any other persons involved in the operation of said business for whom fingerprints have been submitted. The required nonrefundable processing fee shall be used solely to defray the costs of the police investigation required herein and shall be paid to the City Clerk at the time of receipt of the application.
(b) 
If the Police Department ascertains that the applicant or any of the other persons involved in the operation of said business has a criminal record, submitted a falsified application, or is of undesirable character, it shall be the duty of the Chief of Police to report such matters, at the earliest possible date, to the Planning Commission with his recommendation and, in the meantime, no license or permit may be issued to such person, pending action by the Planning Commission.
(Ord. 1001 § 1, 1986)
The Chief of Police shall report to the Planning Director regarding the results of the investigation conducted pursuant to Section 6.92.040, within One hundred eighty days from the date of receipt of the application, and shall include in his report a recommendation to deny or approve said Use Permit and the specific reasons for that recommendation. Said report shall be considered by the Planning Commission in reaching a decision to issue or not to issue a Use Permit.
(Ord. 1001 § 1, 1986)
Any Use Permit, together with the privileges conferred thereby, issued to a person to engage in business as a pawnbroker or a secondhand dealer, shall be nontransferable, and any attempt to transfer said permit to any other person, business, corporation, partnership or organization shall be void and of no effect.
(Ord. 1001 § 1, 1986)
No permit issued authorizing a person to engage in business as a pawnbroker or secondhand dealer shall be deemed to authorize the conduct of said business at any location other than the specific location set forth on the permit and which theretofore has been approved by the Chief of Police and Planning Commission. A permittee may relocate his business after receiving prior approval from the Chief of Police and applying for a modification to his Use Permit through the City Planning Commission. Such location must be in accord with zoning requirements of the City of South San Francisco. No pawnbroker’s or secondhand dealer’s permit will be renewed for a location other than that for which the previous permit was issued without prior notification and approval of the Chief of Police and the Planning Commission.
(Ord. 1001 § 1, 1986)
Every person managing, maintaining, or conducting the business of pawnbroker, or secondhand dealer in the City shall keep at the place of business:
(a) 
A permanent bound book containing a record in which a description of each article received or delivered in each transaction sufficient to identify the same, including all particular or prominent marks or identification that may be found on such property. Said record shall be legibly recorded in the English language, in ink, at the time of every purchase, exchange, pledge, pawn or other transfer of possession of any article, or loan thereon, and shall contain the name, age, sex, residence, and an accurate description of the person from whom received, the amount of money paid or received in such transaction, and the date and hour of the transaction; or
(b) 
A hardcopy computer printout containing the same information as required in Section (a) above may be substituted for the permanent bound book. The printout shall be preserved in chronological order by date or transaction number.
(c) 
Such records shall be maintained for a period of not less than three years.
(Ord. 1001 § 1, 1986)
In addition to the keeping of a permanent record, every person engaged in the pawnbroker or secondhand dealer business shall be required, at the time of taking or receiving any article, to place the description of the article pledged, received, or taken in the appropriate spaces provided on a blank Pawnbroker/Secondhand Dealer Report. State and city licensed pawnbrokers and secondhand dealers shall use the forms approved by the State of California, purchased by the pawnbroker or secondhand dealer at cost from the State. The description of the articles shall be complete and reasonably accurate so as to reasonably aid the police in identifying stolen property in cases of theft. The permittee shall fill in all applicable blank spaces appearing on the form. A separate blank form shall be provided and used for each such article pledged, bought, received, or taken in trade. On said blank form, there shall be legibly printed the pledger’s name and address.
(Ord. 1001 § 1, 1986)
The permittee shall fill in the type of card required for each article pledged, pawned, bought, or received. On every business day, on or before the hour of five o’clock p.m., all of such cards describing the goods, articles, or things pledged, pawned, bought or received during the preceding day, and containing the description and signature of the person so pledging or pawning, or giving the same, shall be hand delivered to the Chief of Police or his duly authorized designee. Mailing the report forms will not satisfy the requirements of this Section.
(Ord. 1001 § 1, 1986)
All articles purchased, received, exchanged, pledged, pawned, or otherwise taken into possession by any person operating any pawnbroker business or secondhand dealer business, should be segregated and made available for inspection by the Police Department in the place of business of the permittee for a period of five days immediately following receipt of the same, and shall be held for a period of 30 days after receipt thereof before being sold, exchanged or removed from the place of business, except as provided in Section 21201 of the California Financial Code. Any such article may be delivered or returned to the true owner or to his authorized agent at any time, providing a hold has not been placed on such article by the Police.
(Ord. 1001 § 1, 1986)
(a) 
No permittee, manager, agent, or employee shall take or receive any goods, articles, or things from any person without first determining that the person presenting the item for sale, purchase, pledge, exchange or pawn is the true, legal owner of said property. The permittee, manager, agent, or employee shall require the person to present adequate evidence authority to sell the item presented which, for the purposes of this section, shall mean a receipt for the item identifying the owner and describing the item presented. A Proof of Ownership Declaration may be substituted for a receipt, if compliance with regulations set forth in Section 6.92.160(b) below, are met. The Proof of Ownership Declaration shall be included on the form approved by the State of California. A verbal response from the person asserting ownership of the item, is not considered adequate proof of ownership.
(b) 
No permittee, manager, agent, or employee shall take or receive any goods, articles, or things from any person who refuses to execute a Proof of Ownership Declaration in cases in which the person does not present adequate evidence of authority to sell as required in subsection (a) above.
(Ord. 1001 § 1, 1986)
No pawnbroker or secondhand dealer shall receive any goods or take any goods in pledge unless identification has been determined after examination of at least one of the means of identification listed below, and unless the identification presented does, in fact, substantiate the identity of the person presenting it.
(a) 
A valid California Driver’s license which contains a photograph;
(b) 
A valid California Identification Card issued by the Department of Motor Vehicles which contains a photograph;
(c) 
Valid identification issued by a federal, state, or local government or agency which contains a photograph and/or complete physical description of the issuee.
The description in the identification offered shall reasonably substantiate the identity of the customer in that the evidence of identity and the physical description of the customer agree. The evidence of identification must contain a complete and current address of the issuee. Identification which contains a post office box is insufficient for purposes of these regulations.
(Ord. 1001 § 1, 1986)
Each pawnbroker and secondhand dealer shall obtain a plain fingerprint impression of the right index finger of the person presenting the property for pawn, sale, trade, exchange, or consignment, or, if the person’s right index finger is missing, another of the fingers, and shall designate which finger was used. The fingerprint impression shall be placed on the back of the white copy of the Pawnbroker/Secondhand Dealer Report.
(Ord. 1001 § 1, 1986)
Any secondhand dealer or pawnbroker permit issued under the provisions of this chapter may be revoked for any of the following reasons:
(a) 
Fraud, misrepresentation or false statement contained in the application for the permit;
(b) 
Fraud, misrepresentation or false statement made in the course of carrying on the business regulated by this chapter;
(c) 
Any violation of any of the provisions of this chapter or of any other provision of this Code relating to any of the business activities conducted or carried on by the permittee, specifically including, but not limited to, the applicable provisions of Title 6 and 20 of this Code;
(d) 
Any violation of State or Federal law relating to any of the business activities conducted or carried on by the permittee;
(e) 
Conviction of a felony by a holder of such permit during the period of which the permit was issued if the felony is substantially related to the qualifications, functions, or duties of a pawnbroker or secondhand dealer.
(Ord. 1001 § 1, 1986)
(a) 
Any person whose permit has been revoked shall have the right to a hearing and an appeal as set forth in Title 20 of this Code for the revocation of a use permit.
(Ord. 1001 § 1, 1986)
The permittee shall be responsible for requiring compliance with these rules and regulations by any manager, agent, or employee. Any violation by the manager, agent, or employee shall be deemed a violation by the permittee for purposes of administrative action against the permittee under this chapter.
(Ord. 1001 § 1, 1986)
Every pawnbroker and secondhand dealer shall display, in a conspicuous location on the place of business, the following:
(a) 
A valid Department of Justice secondhand dealer’s license and a valid pawnbroker and/or secondhand dealer’s business license;
(b) 
A sign stating “No person pledging, pawning, selling, or trading any article shall sign any name other than his true name or give any address other than his true address. To knowingly or intentionally provide false information is a misdemeanor”.
(Ord. 1001 § 1, 1986)
Any business, building, or structure within which such business is being operated contrary to the provisions of this chapter, and any use of land, building or premises within which a business is being conducted, operated, or maintained contrary to the provisions of this chapter, are unlawful and a public nuisance, the City Attorney shall, upon order of the City Council, immediately take action for the abatement, removal, and enjoinment in the manner provided by law.
(Ord. 1001 § 1, 1986)
Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter, is guilty of a misdemeanor and upon such conviction such person shall be punished as provided in Chapter 1.24 of this Code.
(Ord. 1001 § 1, 1986)