(a)
Any terms, not specifically defined hereunder, shall have the meaning ascribed to them in sections 15-1 and 15-55 if and to the extent that said meaning is not inconsistent with state law, and shall have the meaning ascribed to them by Chapter 9, Article 4 (commencing with Section 21625) of the Business and Professions Code of the State of California.
(b)
As used
herein, "secondhand dealer" means and includes any person engaged
in, or conducting the business of buying, selling, as owner or consignee,
or exchanging any secondhand goods in any manner other than as a pawnbroker.
(Ord. No. 681, § 1, 6-15-81)
(a)
Every
pawnbroker and secondhand dealer shall, at the time of purchase or
pledge of any property, make out on forms as prescribed by the Department
of Justice of the State of California for secondhand dealers and pawnbrokers,
a full, true and complete report of all tangible personal property
and any other goods and things received on deposit, pledged or purchased
by him. Such report shall show the hour of the day and date when each
such article is received, and the true name and address as nearly
as the same is known to, or can be ascertained by, such pawnbroker
or secondhand dealer, as evidenced by an operator's license, vehicle
license, work badge number, etc., and the personal signature of the
person or persons by whom such article was left on deposit or pledged
or sold, together with a description of such person or persons as
required by the chief of police. In addition to the positive identification
mentioned above, the pawnbroker and secondhand dealer shall require
the seller, pledgemaker or consignee to furnish a plain impression
print of his right thumb, or next finger in the event of amputation,
upon the face of the original form and to certify on such form that
to the seller's, pledgemaker's or consignee's knowledge and belief
the information contained in the report is true and complete. Such
report shall give also the number of the pawn ticket, the amount loaned
or the amount of the purchase, as the case may be, and a complete
and reasonably accurate description of each article left on deposit
or pledged or purchased. If any article so left on deposit or pledged
or purchased bears any number, word or initials, they shall be indicated,
and the report shall also show the number of settings and the number
of each kind thereof. A complete description of articles, including
manufacturer's name, model numbers, serial numbers, identification
marks, inscriptions or other peculiarities and color of the article
shall be included in the report.
(b)
Every
pawnbroker and secondhand dealer shall deliver daily or on the first
working day after receipt or purchase of each such article the original
and third copies of such reports to the chief of police.
(Ord. No. 681, § 1, 6-15-81)
No person carrying on or conducting the business of a pawnbroker or secondhand dealer shall repledge or hypothecate any tangible personal property or other article that he has in his possession, and received in the due course of his business, for the purpose of borrowing money or otherwise, without making a full and true report to the chief of police, as required by section 15D-1 of such articles so repledged and hypothecated, the person to whom so pledged or hypothecated, and the amount borrowed on same, together with the name of the original pledgor.
(Ord. No. 681, § 1, 6-15-81)
All tangible personal property or other articles left on consignment with a pawnbroker or secondhand dealer shall be reported as such as prescribed in section 15D-1.
(Ord. No. 681, § 1, 6-15-81)
All reports to be filed with the chief of police as required
in this chapter, shall be kept on file by the chief of police in a
secure place in the police department. The reports shall be open to
the police department, or upon an order of a court of competent jurisdiction
made for that specific purpose.
(Ord. No. 681, § 1, 6-15-81)
Every person engaged in the business of a pawnbroker or secondhand
dealer in the city shall keep a complete copy of the reports required
by this chapter. Every such record, and all tangible personal property
and other goods and things pledged to, or purchased by, or received
by any such pawnbroker or secondhand dealer, shall be open at all
times during business hours to the inspection of the chief of police
or any police officer of the city. Every such record shall be kept
and maintained for a period of three years.
(Ord. No. 681, § 1, 6-15-81)
Every pawnbroker or secondhand dealer shall keep an account
of all cash sales with date, to whom sold, address or purchaser, and
a full description of merchandise sold.
(Ord. No. 681, § 1, 6-15-81)
(a)
No person
who sells or otherwise disposes of tangible personal property or other
goods, wares or merchandise to a person conducting a business listed
in this chapter or to said permittee's employee or agent shall fail
or refuse to give his true name, correct age, and correct address.
(b)
No person
shall use a fictitious name or address when selling, pledging or leaving
any property on deposit as provided in this chapter.
(Ord. No. 681, § 1, 6-15-81)
No pawnbroker or secondhand dealer shall sell or otherwise dispose of any tangible personal property or other article, goods or other thing within 30 days after making the report required by section 15D-2. The chief of police may for good cause, as specified by the Department of Justice of the State of California, authorize prior disposition of any tangible personal property or other articles described in a specific report; provided that a pawnbroker or secondhand dealer who disposes of tangible personal property or other articles pursuant to such authorization shall report the sale thereof to the chief of police.
(Ord. No. 681, § 1, 6-15-81)
A peace officer may place a hold-order upon property, which
he has reason to believe is stolen, acquired by a secondhand dealer
or pawnbroker in the course of his business, for a period of 90 days,
and upon release of such property, the dealer will keep a record of
the disposition of such property. It is unlawful for any person to
dispose of any property contrary to any hold-order by a peace officer.
(Ord. No. 681, § 1, 6-15-81)
No pawnbroker or secondhand dealer shall purchase or take as
a pledge, or otherwise, any goods offered him from any minor under
the age of 18 years. Any statement made to such dealer, employee,
or purchaser by a person under the age of 18 years to the effect that
he is over 18 years of age, shall not excuse such dealer or employee
from any violation of this section.
(Ord. No. 681, § 1, 6-15-81)
It is unlawful for any person operating, managing, or carrying
on the business of a pawnbroker to permit, allow or conduct an auction
sale on his premises, except under the following conditions:
(a)
Notice to police department. The pawnbroker shall give 10
days' notice, in writing, to the police department, prior to commencing
such auction sale. Such notice to contain location of sale, name of
auctioneer, date of sale, hours to be conducted and a complete list
of all property to be sold at such sale with detailed identifying
description of the property, including the original loan number.
(b)
Unredeemed pledges. The only property that may be sold at
an auction sale at such location shall be the unredeemed pledges in
the original condition in which such property was received by the
pawnbroker and as listed in the notice. Each such unredeemed pledge
shall have attached to it a tag describing it, the original loan number,
and the number of the item on the list in the notice. Property not
listed in the notice shall not be sold at such auction sale.
(c)
Two-day limit. The total time during which a pawnbroker
may conduct auction sales shall not exceed two days in any calendar
month.
(Ord. No. 681, § 1, 6-15-81)
