(a)
It
is unlawful for any person to operate a business in a manner prohibited
by this chapter.
(Ord. 1001 § 1, 1986)
means the Chief of Police of the City of South San Francisco.
means the City of South San Francisco.
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.
means a Use Permit to operate or engage in the activities
of a pawnbroker/secondhand dealer as required by this chapter.
means any person, firm, partnership, association, corporation,
company, or organization of any kind.
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)
It is unlawful for any person to advertise or carry on the business of pawnbroker or secondhand dealer without first obtaining a Use Permit from the Planning Commission, as provided in this chapter and Title 20 of this code.
(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.
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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).
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(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)
The actual issuance of a pawnbroker/secondhand dealer Use Permit
shall be governed by the provisions of Title 20 of this code.
(Ord. 1001 § 1, 1986)
Prior to the issuance of said Use Permit, business license fees shall be paid in accordance with the applicable provisions of Chapters 6.04 and 6.16.
(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)
During normal business hours, the records shall be open to inspection
by the Chief of Police of the city or his designee.
(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.
(Ord. 1001 § 1, 1986)
No permittee, manager, agent, or employee, shall take or receive
any goods, articles, or things from any person who is in an intoxicated
condition, or a person under 18 years of age.
(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.
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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.
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(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;
(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)
All signs posted on premises shall comply with applicable zoning,
sign, building, and other ordinances of this City.
(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)
The remedies provided for herein shall be cumulative and not
exclusive.
(Ord. 1001 § 1, 1986)
