For purposes of this chapter, the following terms shall have
the following meanings:
"Pawnbroker" or "secondhand dealer"
shall mean any person whose business is primarily that of
engaging in the business of buying, selling, trading, taking in pawn,
accepting for sale or consignment, accepting for auctioning, or auctioning
secondhand tangible personal property.
"Tangible personal property"
has the same meaning set forth in Section 21627 of the Business
and Professions Code of the state of California.
(Prior code § 6360(a); Ord. 90-269 § 1, 1990; Ord. 95-451 § 33, 1995)
In addition to the information prescribed by the Director, every
applicant for a business license to operate a pawn brokerage or a
secondhand dealership shall provide the following information:
1. The
applicant's age, height, weight, sex, and color of hair and eyes;
2. The
applicant's address at present and within twelve months preceding
the date of the application;
3. Whether
the applicant has ever conducted a similar business in the city or
elsewhere and the name under which the applicant conducted such similar
business;
4. Fingerprints
and photographic identification.
(Prior code § 6360(b); Ord. 90-269 § 1, 1990; Ord. 95-451 § 33, 1995; Ord. 08-800 § 2, 2008)
1. No
pawnbroker or secondhand dealer, nor any employee thereof, shall accept
any pledge, or loan any money for personal property, or purchase or
receive any goods, wares or merchandise, or any article or thing,
or in any manner whatsoever engage in or conduct business as a pawnbroker
or secondhand dealer between the hours of 7:00 p.m. of any day and
7:00 a.m. of the following day.
2. Reporting.
(a) Every pawnbroker or secondhand dealer shall report daily, or on the
first working day after receipt or purchase of property, all tangible
personal property which he or she has purchased, taken in trade, taken
in pawn, accepted for sale or consignment, or accepted for auctioning,
to the Sheriff's Department. The report shall be legible, completed,
and shall include, but not be limited to, the following information:
(1) The name and current address of the intended seller or pledgor of
the property;
(2) The identification of the intended seller or pledgor. The identification
of the seller or pledgor of the property shall be verified by the
person taking the information. The verification shall be valid if
the person taking the information reasonably relies on any one of
the following documents, provided the document is currently valid
and contains a photograph or description, or both, of the person named
on it, is signed by the person, and bears a serial or other identifying
number:
(i)
A passport of the United States,
(ii)
A driver's license issued by any state,
(iii)
An identification card issued by any state,
(iv)
An identification card issued by any branch of the armed forces
of the United States;
(3) A complete and reasonably accurate description of serialized property,
including, but not limited to, the following: serial number and other
identifying marks or symbols, owner-applied numbers, manufacturer's
named brand, and model name or number;
(4) A complete and reasonably accurate description of nonserialized property,
including, but not limited to, the following: size, color, material,
manufacturer's pattern name (when known), owner applied numbers and
personalized inscriptions and other identifying marks or symbols;
(5) A certification by the intended seller or pledgor that he or she
is the owner of the property or has the authority of the owner to
sell or pledge the property;
(6) A certification by the intended seller that to his or her knowledge
and belief the information is true and complete;
(7) The report forms used shall be forms approved or provided, at cost,
by the Department of Justice.
3. Gun Sales. No pawnbroker/secondhand dealer shall sell guns without first applying for and obtaining a gun dealer's license pursuant to Chapter
5.60.
(Prior code § 6360(c); Ord. 90-269 § 1, 1990; Ord. 95-451 § 33, 1995)