A. 
The City Council finds that secondhand businesses provide a means of disposing of stolen goods. Investigation by police agencies reveals that new, used and stolen property are acquired and sold by secondhand businesses. Because secondhand businesses can be ready vehicles for the disposal of stolen goods, such businesses should be subject to controls which will decrease the potential traffic in such stolen goods.
B. 
It is the intent of this chapter to preclude secondhand businesses from being depositories for stolen goods by providing control over the goods purchased and sold by secondhand businesses, especially such goods that are subject to theft and subsequent disposal by way of sale.
(Ord. 557 § 3, 2019)
The following words and phrases, when used in this chapter, have the meanings in this section unless, from the context, a different meaning is intended or specifically defined:
"Antique"
means objects of art, bric-a-brac, curios or household furniture or furnishings offered for sale upon the basis, express or implied, that the value of the property, in whole or in substantial part, is derived from its age or from its historical associations. All references to secondhand personal property or secondhand property in this chapter include antiques.
"Secondhand dealer" and "dealer"
mean any person who engages in buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand tangible personal property, and is further defined in Article 4 of Chapter 9 of Division 8 of the Business and Professions Code (commencing with Section 21625).
"Secondhand property"
has the same meaning as "secondhand tangible personal property" set forth in Article 4 of Chapter 9 of Division 8 of the Business and Professions Code.
(Ord. 557 § 3, 2019)
A. 
It is unlawful for any person to transact, conduct, undertake or carry on any business as a secondhand dealer within the City without first having procured a business license required by Chapter 4.02 and a regulatory permit required by Chapter 4.03.
B. 
Prior to the issuance of a City license, a dealer must apply for and be issued a secondhand dealer's license pursuant to Article 4 of Chapter 9 of Division 8 of the Business and Professions Code (commencing with Section 21625).
(Ord. 557 § 3, 2019)
A. 
Every dealer must file with the Sheriff any and all reports required by Article 4 of Chapter 9 of division 8 of the Business and Professions Code (commencing with Section 21625), and must include any additional information required by the Sheriff to assist in the detection of stolen property.
B. 
Every dealer must keep a copy of the report required by this section on file at the place of business for a period of three years, and must make the report available for inspection by the Sheriff or any peace officer of this State, at all reasonable times.
(Ord. 557 § 3, 2019)
Except as otherwise provided herein:
A. 
Every dealer must retain in his or her possession for a period of 30 days all secondhand property required to be reported pursuant to Article 4 of Chapter 9 of Division 8 of the Business and Professions Code and may not remove such secondhand property from the City during the holding period.
B. 
The 30-day holding period commences on the date that the dealer files the report of acquisition required by this section with the Sheriff. Before the end of the 30-day holding period, the Sheriff may release or conditionally release any secondhand property required to be held by this chapter, if after an inspection the Sheriff is satisfied that the secondhand property is in the lawful possession of the secondhand dealer.
C. 
This section does not apply to secondhand property that a dealer has acquired from another person who held the secondhand property for the period prescribed by such laws. The dealer acquiring such property must, upon demand by the Sheriff, present records that such secondhand property was held for the required period.
(Ord. 557 § 3, 2019)
A secondhand dealer must not clean, alter, repair, paint, change or allow any secondhand property to be cleaned, altered, repaired, painted or changed until the secondhand property has been held for the time required by this chapter or unless released by the Sheriff. To the extent required by law, a dealer must expose secondhand property to public view during business hours for the duration of the holding period or until released by the Sheriff.
(Ord. 557 § 3, 2019)
The Sheriff may place a hold-order for a period of 90 days on any secondhand property acquired by the secondhand dealer, and upon release of such property, the Sheriff may require the secondhand dealer to keep a true record of the secondhand property, the name and address of the person to whom the property was sold, and a record of any other method of disposition. The secondhand dealer must keep any record required under this section for three years.
(Ord. 557 § 3, 2019)
The following are excluded from the operation of this chapter:
A. 
Secondhand motor vehicles, whose transfer is required to be made a matter of record with the California Department of Motor Vehicles pursuant to the Vehicle Code, except that dealers' records of purchases and sales within the City must be open to the inspection of the Sheriff.
B. 
Receipt or sale of secondhand property by any person who received the secondhand article as part payment of a new article, if such person is the authorized representative or agent of the manufacturer of or regularly deals in the new article.
(Ord. 557 § 3, 2019)