For the purpose of this chapter, the words in this section shall have the meaning assigned to them:
"Auctioneer"
means any person who at public outcry offers for sale, a principal or agent, to the highest bidder on the spot, any article of merchandise or other property, or who engages in the business of accepting for auctioning, or auctioning secondhand personal property, except under trade by virtue of legal process.
"Pawnbroker"
is a person engaged in conducting, managing or carrying on the business of loaning money, for himself or for any other person, upon personal property, 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.
"Used merchandise dealer"
as used in this chapter means and includes any person who engages in the business of buying, selling, trading, or accepting for sale on consignment secondhand property. The provisions of this chapter shall have no application to secondhand or new car dealers, nor to the sale of fruits, vegetables, or other perishable foodstuffs.
(Prior code § 5500; Ord. 2056 § 3, 1987)
No person shall conduct business as a pawnbroker, used merchandise dealer, or auctioneer within the city without first obtaining a proper permit therefor, as provided in this chapter or as provided by state law. The provisions of this chapter shall not be applicable to a business which is licensed pursuant to Business and Professions Code Section 21640, et. seq.
(Prior code § 5500.1; Ord. 2056 § 3, 1987)
Application for a pawnbroker, used merchandise dealer, or auctioneer permit shall be made to the business license department who shall refer all such applications to the chief of police for an investigation.
(Ord. 2056 § 3, 1987)
The chief of police shall cause each applicant to be fingerprinted and photographed, a record of which shall be kept in the office of the chief of police. The applicant shall pay the amount set by the state for processing the fingerprints. The chief of police shall cause an investigation of each applicant to be made to determine if such applicant had committed any act that if done by a permittee would be grounds for revocation or suspension of a permit, or if such applicant has been convicted of a felony or any crime that has a substantial relationship to the permitted business.
(Ord. 2056 § 3, 1987)
Every pawnbroker, used merchandise dealer, and auctioneer shall report all personal property which he has purchased, taken in trade, taken in pawn, accepted for sale on consignment, or accepted for auctioning, to the chief of police of the city, not later than twelve noon of the day following the acquisition of such property.
(Ord. 2056 § 3, 1987)
The following are secondhand goods excepted from the report requirements of Section 5.52.050:
A. 
Acquired in good faith in a transaction involving the stock in trade of another pawnbroker, used merchandise dealer or auctioneer who previously has made the report or reports required by Section 5.52.050 and 5.52.070 of such property included in the transaction, and who states in writing that the report or reports so required have been made, and provided the acquiring pawnbroker, used merchandise dealer or auctioneer submits a copy of such statement to the chief of police. Each of the pawnbrokers, used merchandise dealers or auctioneers involved in the transaction shall retain a copy of the statement referred to in this section for a period of three years as a matter of record which shall be made available for inspection by any law enforcement officer.
B. 
Acquired in a nonjudicial sale, transfer, assignment, assignment for the benefit of creditors, or consignment of the assets or stock in trade, in bulk, or a substantial part thereof, of an industrial or commercial enterprise for purposes of voluntary dissolution or liquidation of the seller's business, or for the purpose of disposing of an excessive quantity of personal property; or which has been acquired in a nonjudicial sale or transfer from an owner of his entire household of personal property, or a substantial part thereof; provided the pawnbroker, used merchandise dealer or auctioneer retains in his place of business for a period of three years a copy of the bill of sale, receipt, inventory list, or other transfer document as a matter of record which shall be made available for inspection by any law enforcement officer; and provided further that the pawnbroker, used merchandise dealer or auctioneer notifies the chief of police that exemption from reporting is being claimed under this section. "Industrial or commercial enterprise" and "owner," as used in this section, do not include a pawnbroker, used merchandise dealer or auctioneer.
C. 
Acquired in a sale made by any public officer in his official capacity, trustee in bankruptcy, executor, administrator, receiver, or public official acting under judicial process or authority, or which has been acquired in a sale made upon the execution of, or by virtue of, any process issued by a court, or under the provisions of the Warehouse Receipts Act.
D. 
Acquired in good faith as part or complete payment for other personal property by a person whose principal business is primarily that of selling or trading personal property directly to the consumer; provided, however, that in such transaction no consideration other than stock in trade shall pass from the business enterprise to the person trading or exchanging the used item.
E. 
Acquired as the surplus property of the United States Government or a state, city, county, city and county, municipal corporation, or public district and which after requisition or acquisition by the United States Government or by a state, city and county, municipal corporation, or public district has never thereafter been sold at retail.
F. 
Reported by a pawnbroker, used merchandise dealer, or auctioneer as an acquisition or a purchase, or which has been reported as destroyed or otherwise disposed of, or:
1. 
To a state agency by the authority of any other law of this State; or
2. 
To a city, county, or city and county officer or agency by the authority of any other law of this State or a city, county, or city and county ordinance.
G. 
Acquired by gift and the person sells the property acquired by gift as a part of the charitable activity carried on by said person.
H. 
Acquired at a swap meet.
I. 
The provisions of this chapter have no application to a person whose sales of secondhand personal property are confined to the disposal of goods accepted in trade and as part payment for new merchandise; provided further, however, that such new merchandise is not then redeemable in cash to the person trading or exchanging the used item.
(Ord. 2056 § 3, 1987)
A. 
A permittee under this chapter shall utilize the forms prescribed and provided at actual cost by the police department.
B. 
Each day all articles which were purchased the preceding day shall be available for inspection by the police department. The reporting requirements of this section shall be no less than the reporting requirements of Section 21625, et seq. of the California Business and Professions Code.
(Ord. 2056 § 3, 1987)
Every pawnbroker, used merchandise dealer or auctioneer shall have a complete record of all personal property pledged to, purchased, received or sold by him which record shall contain all the matters required to be shown in the reports referred to in Sections 5.52.050, 5.52.070 and 5.52.110 of this chapter. Every such record shall be open at all times during business hours to the inspection of any law enforcement officer.
(Ord. 2056 § 3, 1987)
Every pawnbroker, used merchandise dealer, and auctioneer shall retain in his/her possession for a period of thirty days all personal property reported under the provisions of this chapter. The thirty-day holding period, with respect to such personal property, shall commence with the date the report of its acquisition was made to the chief of police by the pawnbroker, used merchandise dealer or auctioneer. A police officer of the city may require any pawnbroker, used merchandise dealer, or auctioneer, upon written notice, to hold property, which the police officer has reason to believe is stolen, for a period not to exceed ninety days from the date of placing such hold. Such property may be released only upon written authorization of a police officer of the city. The chief of police or his/her designee(s) in the detective division may release any property covered by this section and waive any holding period therein, when determined in the public interest to do so. Any such release or waiver shall be in writing and signed by the chief of police or his/her designee(s) in the detective division on any appropriate form designated by the police department for such purpose.
(Ord. 2056 § 3, 1987)
No person conducting a business as a pawnbroker, used merchandise dealer, or auctioneer shall buy, trade, accept for consignment or auction, or loan money for secondhand property from any person who is under eighteen years of age unless said person is accompanied by his/her parent, guardian or other person in lawful custody of the person who is under eighteen years of age. The person conducting a business as a pawnbroker, used merchandise dealer, or auctioneer shall obtain the written permission, under penalty of perjury, from the parent, guardian or other person in lawful custody of the person who is under eighteen years of age before the person conducting a business shall buy, trade, accept for consignment or auction, or loan money for secondhand property from any person who is under eighteen years of age. A copy of the written permission shall be included with the report which is required under Section 5.52.050.
(Ord. 2056 § 3, 1987)
The permit fee shall be thirty-five dollars per applicant.
(Ord. 2056 § 3, 1987)