Pawnbrokers, secondhand dealers, secondhand watch dealers and
junk dealers and collectors constitute prime vehicles for the disposal
and sale of stolen property within this County. The purposes of the
chapter are to regulate the activities of such enterprises for the
purpose of facilitating law enforcement's apprehension of criminals
and recovery of stolen property and to curtail the trafficking of
stolen property.
This chapter is enacted pursuant to the provisions of Section
21638 of the Business and Professions Code. The provisions of this
chapter shall not be construed to require any act or omission which
is expressly prohibited or prohibit any act or omission which is expressly
required by the provisions of Sections 21625 through 21647 of the
Business and Professions Code.
(SCC 1505 § 2, 2011)
It is unlawful for any person to operate or conduct the business of pawnbroker, secondhand dealer, secondhand watch dealer, junk dealer or junk collector, unless under and by authority of a valid, unexpired and unrevoked special business license issued pursuant to the provisions of Chapter 4.10 and this chapter.
Notwithstanding the provisions of subsection c of Section 4.10.040 and Section 4.10.100, the Sheriff shall not deny a special business license for the business of pawnbroker, secondhand dealer, junk collector or junk dealer on grounds enumerated by Section 4.10.040(c) unless one or more of the persons identified in Section 4.10.040(c) has been convicted of an offense described by Section 21641 of the Business and Professions Code. A license shall not be revoked on grounds prescribed by subsection (b) of Section 4.10.135 unless one or more of the persons identified by Section 4.10.040(c) has been convicted of an offense described by Section 21641 of the Business and Professions Code.
(SCC 1505 § 2, 2011)
As used in this chapter, the following terms shall be ascribed
the following meanings:
A.
"Junk"
shall have the same meaning as that described in Section 21600 of
the California Business and Professions Code.
B.
"Junk
collector" means a person not having a fixed place of business in
the County, who goes from house to house, or from place to place,
gathering, collecting, buying, selling, or otherwise dealing in any
old rags, sacks, bottles, cans, papers, metal or other articles commonly
known as junk.
C.
"Junk
dealer" means a person having a fixed place of business in the County,
and engaged in conducting, managing, or carrying on the business of
buying, selling, or otherwise dealing in, either at wholesale or retail,
any old rags, sacks, bottles, cans, papers, metal, or other articles
commonly known as junk.
D.
"Pawnbroker"
means a person engaged in conducting, managing or carrying on the
business of pawnbroking, or the business of lending money for him
or herself or any other person upon personal property, pawns or pledges;
or the business of purchasing articles from the vendors or their assignees
at prices agreed upon at or before the time of such purchase.
E.
"Pawnshop"
means any room, store, building or other place in which any such business
is engaged in, carried on or conducted.
F.
"Secondhand
dealer" means and includes any person, copartnership, firm, or corporation
whose business includes buying, selling, trading, taking in pawn,
accepting for sale on consignment, accepting for auctioning, or auctioning
secondhand tangible personal property. A "secondhand dealer" does
not include a "coin dealer" or participants at gun shows or events,
as defined in Section 478.100 of Title 27 of the Code of Federal Regulations,
or its successor, who are not required to be licensed pursuant to
Section 12071 of the Penal Code, who are acting in compliance with
the requirements of Section 12070 and subdivision (d) of Section 12072
of the Penal Code, and who are not a "gun show trader," as described
in paragraph (5) of subdivision (b) of Section 12070 of the Penal
Code.
1.
"Coin
dealer" means any person, firm, partnership, or corporation whose
principal business is the buying, selling, and trading of coins, monetized
bullion, or commercial grade ingots of gold, or silver, or other precious
metals.
2.
"Secondhand
dealer" does not include either of the following:
a.
Any person who performs the services of an auctioneer for a fee or
salary.
b.
Any person whose business is limited to the reconditioning and selling
of major household appliances, provided all the following conditions
are met:
(1)
The person does not trade, take in pawn, accept for drop-off, accept
as a trade-in, accept for sale on consignment, accept for auction,
auction, or buy, except in bulk, the appliances.
(2)
The person does not perform repair services for owners of appliances
unless the appliance was purchased from the person.
(3)
The person has never been convicted of the crime of attempting to
receive or receiving stolen property or any other theft-related crime.
G.
"Tangible
personal property" includes, but is not limited to, all secondhand
tangible personal property which bears a serial number or personalized
initials or inscription or which, at the time it is acquired by the
secondhand dealer, bears evidence of having had a serial number or
personalized initials or inscription.
1.
"Tangible
personal property" also includes, but is not limited to, the following:
a.
All tangible personal property, new or used, including motor vehicles,
received in pledge as security for a loan by a pawnbroker.
b.
All tangible personal property that bears a serial number or personalized
initials or inscription which is purchased by a secondhand dealer
or a pawnbroker or which, at the time of such purchase, bears evidence
of having had a serial number or personalized initials or inscription.
c.
All personal property commonly sold by secondhand dealers which statistically
is found through crime reports to the Attorney General to constitute
a significant class of stolen goods. A list of such personal property
shall be supplied by the Attorney General to all local law enforcement
agencies: Such list shall be reviewed periodically by the Attorney
General to insure that it addresses current problems with stolen goods.
d.
"Tangible personal property" does not include any new goods or merchandise
purchased from a bona fide manufacturer or distributor or wholesaler
of such new goods or merchandise by a secondhand dealer. For the purposes
of this article, however, a secondhand dealer shall retain for one
year from the date of purchase, and shall make available for inspection
by any law enforcement officer, any receipt, invoice, bill of sale
or other evidence of purchase of such new goods or merchandise.
e.
"Tangible personal property" does not include coins, monetized bullion,
or commercial grade ingots of gold, silver, or other precious metals.
"Commercial grade ingots" means 0.99 fine ingots of gold, silver,
or platinum, or 0.925 fine sterling silver art bars and medallions,
provided that the ingots, art bars, and medallions are marked by the
refiner or fabricator as to their assay fineness.
f.
Unless otherwise provided herein all, all definitions shall be those included in the California Business and Professions Code, Division 8, Chapter 9, commencing with Section 21500.
(SCC 1505 § 2, 2011)
Every person issued a special business license under the provisions
of this chapter, and conducting, managing or carrying on a business
or occupation at a fixed place of business, shall keep such license
posted and exhibited while in force in some conspicuous part of the
place of business. Every person having such license and not having
a fixed place of business shall carry such license with him or her
at all times while carrying on the business or occupation for which
the same was granted. Every person having a license under the provisions
of this chapter shall produce and exhibit the same when applying for
a renewal thereof and whenever requested to do so by any officer authorized
to issue, inspect, or collect licenses.
(SCC 1505 § 2, 2011)
A.
Every
pawnbroker and secondhand dealer shall on each day, before the hour
of 10:00 a.m., prepare and mail to the Sheriff on a blank form to
be obtained by such pawnbroker or secondhand dealer from the office
of the Sheriff for that purpose, a full, true and complete report
of all goods, wares, merchandise, or things received on deposit, pledged,
received or purchased during the day preceding the filing of such
report.
B.
Every
junk dealer and junk collector shall on each day, before the hour
of 10:00 a.m., prepare and mail to the Sheriff on a blank form to
be obtained by such junk dealer or junk collector from the office
of the Sheriff for that purpose, a full, true and complete report
of all whole machinery or equipment, or such other property as the
Sheriff may designate, received or purchased during the day preceding
the filing of such report.
C.
Upon
the implementation of an electronic, computerized reporting system
by the Sheriff, every pawnbroker, secondhand dealer, secondhand watch
dealer, junk dealer and junk collector licensed pursuant to this chapter
may elect to commence reporting as required by this section by means
of such electronic reporting system in lieu of a paper form.
(SCC 1505 § 2, 2011)
Reports required by Section 4.30.025 shall contain the following information:
A.
As to
any item of tangible personal property, the information required and
described in Section 21628 of the California Business and Professions
Code.
B.
As to
any secondhand watch, the information required in Section 21503 of
the California Business and Professions Code.
C.
As to
any secondhand builder's tool, the information required in Section
21551 of the California Business and Professions Code.
D.
As to
the purchase and sale of any junk, the information required in Section
21606 of the California Business and Professions Code.
E.
As to
any purchase involving non-ferrous metal, the information required
in Section 21606.5 of the California Business and Professions Code.
F.
As to
any acceptance of a catalytic converter for recycling, the information
required in Section 21610 of the California Business and Professions
code, except that this section shall not apply to the purchase of
a whole vehicle which contains a catalytic converter.
G.
As to
the acceptance of any firearm, the information required in Section
21628.2 of the California Business and Professions Code.
H.
As to
any item received in pledge, on deposit or purchased by a pawnbroker,
the hour of the date when such article was received on deposit, pledged
or purchased, and the true name and address, as nearly as the same
is known to, or can be ascertained by such pawnbroker, secondhand
dealer, junk dealer or junk collector, of the person or persons by
whom such article was left on deposit, pledged or sold, together with
a description of such person or persons. The description to be given
of every such person shall show style of dress, height, age, sex,
complexion, color of mustache or beard, or both, where the same are
worn, and if neither is worn, such fact shall be noted. Such report
shall show the number of the pawn ticket, amount loaned, quantity
purchased and complete description of the article left on deposit,
pledged or purchased. If any article, the report of which is herein
required to be made, so left on deposit, pledged or purchased has
engraved thereon any number, word or initial, or contains any settings
of any kind, the description of such article in such report shall
contain such number, word or initial, and shall show the kind of settings
and the number of each kind.
(SCC 1505 § 2, 2011)
Every pawnbroker and secondhand dealer shall keep a complete record of all goods, wares, merchandise or things pledged to or purchased or received by him or her, sold or otherwise disposed of, which shall contain all the matters required to be shown in the reports required to be made by such pawnbroker or secondhand dealer and referred to and described in Sections 4.30.025 and 4.30.030.
Every junk dealer and junk collector shall keep a record of all goods, wares, merchandise or things purchased or received by him or her, sold or otherwise disposed of, which record shall contain all the matters required to be shown in the reports referred to and described in Sections 4.30.025 and 4.30.030.
Every such record and all goods, wares, merchandise and things
pledged to or pledged or received by any such pawnbroker, secondhand
dealer, junk dealer or junk collector shall be immediately produced
for inspection by any officer required to inspect such records or
personal property in the performance of his or her official duties.
(SCC 1505 § 2, 2011)
The provisions of this chapter shall not apply to any tangible
personal property which has been:
A.
Acquired
from another secondhand dealer; provided the secondhand dealer selling
or trading the tangible personal property states in writing under
penalty of perjury, along with a description of the property, on an
interdealer transfer form or an itemized bill of sale, that the report
or reports required by this article have been properly made and submitted
by that dealer. A copy of the form or the itemized bill of sale shall
be delivered to the acquiring dealer at the time the transaction occurs.
Interdealer transfer forms shall be provided at actual cost by the
Department of Justice. The dealers involved in the transaction shall
retain their copy of the interdealer transfer form or itemized bill
of sale for a period of three years as a matter of record, and shall
make them 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 or her entire household of personal
property, or a substantial part thereof; provided, the secondhand
dealer retains in his or her 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 secondhand dealer notifies the chief of police or the Sheriff
that exemption from reporting is being claimed under this subdivision.
"Industrial or commercial enterprise" and "owner" as used in this
subdivision do not include a secondhand dealer;
C.
Acquired
in a sale made by any public officer in his or her 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 Division
7 (commencing with Section 7101) of the Commercial Code;
D.
Acquired
as the surplus property of the United States government or of 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, county, city and county, municipal corporation,
or public district has never thereafter been sold at retail;
E.
Reported
by a secondhand dealer as an acquisition or a purchase, or which has
been reported as destroyed or otherwise disposed of: (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;
F.
Acquired
by persons, firms, partnerships, or corporations who buy, sell, or
trade precious metals, whether in the form of coins or commercial
grade ingots, who: (1) are designated contract markets by or registered
with the Commodity Futures Trading Commission under the Federal Commodities
Exchange Act and acting pursuant thereto; or (2) infrequently conduct
their business directly with members of the general public; As used
in this subdivision, "infrequently" means occasional and without regularity;
and
G.
Notwithstanding subsections A through F of this section, the provisions of this chapter shall apply to any tangible personal property which has been acquired by a secondhand dealer with the understanding or expectation that such property would later be reacquired by the transferor or an agent thereof.
(SCC 1505 § 2, 2011)
Every report and record required by the terms of this chapter
to be filed or kept, shall be written or printed entirely in the English
language, in a clear and legible manner.
(SCC 1505 § 2, 2011)
A.
It is unlawful for any pawnbroker, secondhand dealer, junk collector, or junk dealer to sell, trade or otherwise dispose of any article or thing, the report of which is required to be made under the provisions of Sections 4.30.025 and 4.30.030 within one week after making a report to the Sheriff as required in Section 4.30.025. The provisions of this section shall not apply to motor vehicles duly and regularly cleared for transfer by the Department of Motor Vehicles of the state.
B.
As to any item of "tangible personal property" it is unlawful for any pawnbroker, secondhand dealer, junk collector, or junk dealer to sell, trade, or otherwise dispose of any item of tangible personal property within 30 days after making a report to the Sheriff as required in Section 4.30.025.
C.
The
provisions of this section shall not apply to articles and things
which meet the definition of "junk" or "scrap metals and alloys,"
as defined in California Business and Professions Code Section 21600,
however nothing in this section shall be construed as limiting the
authority of a peace officer to place a hold on property in the possession
of a junk dealer as authorized in California Business and Professions
Code Section 21609.
(SCC 1505 § 2, 2011)
No junk dealer or junk collector shall receive any personal
property by way of pledge or pawn, nor shall the business of junk
dealer and the business of pawnbroker be conducted upon the same premises.
(SCC 1505 § 2, 2011)
It is unlawful for any pawnbroker, secondhand dealer, junk dealer
or junk collector, to receive or purchase any property, article or
thing, from any person who shall appear to be, or who is known to
be, intoxicated, or from any minor, unless the minor presents the
written consent of his or her parent or guardian, duly signed, authorizing
the particular transaction, which written consent must be kept, and
exhibited, upon demand, by any officer requesting the same in the
performance of his or her official duties.
In any criminal prosecution, or proceeding for the suspension
or revocation of any license for a violation of this section, proof
that the defendant licensee, or his or her agent or employee, demanded
and was shown, before receiving or purchasing any property, article
or thing, a motor vehicle operator's license or a registration certificate
issued under the Federal Selective Service Act, or other bona fide
documentary evidence of majority and identity of the person, is a
defense to the prosecution or proceeding for the suspension or revocation
of any license.
(SCC 1505 § 2, 2011)
A.
The
receipt of, or sale of secondhand personal property which has been
received as part payment for a new article if the person receiving
or selling the secondhand personal property is the authorized dealer
or agent of the manufacturer of the new article sold.
B.
Secondhand
car dealers or merchants in connection with automobile and motor vehicle
sales agencies, which are not conducted or carried on in connection
with any junk yard.
C.
Persons
or enterprises engaged in the business of selling new automobile tires
or batteries or other equipment taking in part payment used articles
of the same kind and thereafter selling or disposing of the same.
D.
Secondhand
oil well supply and equipment dealers, which are not conducting and
carrying on their business in connection with a junk yard.
E.
Secondhand
clothing merchants, provided no other secondhand items are sold or
accepted by that enterprise.
F.
The
purchase of scrap metal from another junk dealer who has already recorded,
reported, and held the material as required by this chapter.
(SCC 1505 § 2, 2011)
It is unlawful for any person engaged in, conducting, managing
or carrying on the business of pawnbroker, secondhand dealer, junk
dealer or junk collector, or for any agent, or employee of any such
person, to accept any pledge, or to loan any money upon personal property
or to receive or purchase any goods, wares or merchandise, or any
article or thing between midnight on Saturday and 7:00 a.m. the following
Monday, or between 7:00 p.m. of any day other than Saturday and Sunday,
and 7:00 a.m. the following day.
(SCC 1505 § 2, 2011)
If any business or establishment required by Section 4.30.010 to possess a special business license is located in whole or in part in any yard, enclosure, lot, or open area, such premises as are open to public view shall be completely surrounded and enclosed by a wall, fence or barrier constructed of wood or other solid, impervious material, and so constructed as to be a continuous barrier, except for necessary openings, sufficient to prevent the ingress or egress of rats, mice, or other rodents so far as is possible. Should any part of such yard, enclosure, lot or open area abut upon any earthen embankment, the height of which shall not be less than the minimum height of the wall, fence or barrier herein provided for, such part so abutting upon the earthen embankment need not be enclosed by said wall, fence or barrier. The wall, fence or barrier shall be continuously kept and maintained in the condition required by this section. The wall, fence or barrier shall extend above the ground for at least six feet. Any and all necessary openings in such fence, wall or barrier shall be provided with suitable gates or doors. No such openings shall in any single instance be greater than is reasonably necessary.
Such gate or door shall be kept closed at all times except during
the normal business hours of the business or establishment.
It is unlawful for any person to permit any such business or
establishment referred to and described in this chapter to be established,
conducted, carried on or maintained unless the premises shall have
been rendered rodent proof as far as reasonably possible, and continuously
maintained in such condition. Each day's violation of the requirements
declared and established by this chapter shall be and constitute a
separate and distinct violation and offense.
(SCC 1505 § 2, 2011)
If any business or establishment required by Section 4.30.010 to possess a special business license is located in whole or in part in a yard, enclosure, lot or open area, such premises and area shall, so far as reasonably possible, be kept clean and free from rubbish and similar loose material that might serve as a harborage for rats, mice or other rodents, and all loose metal, or parts or accessories of automobiles, and all other material kept, stored or accumulated in said place, shall, so far as reasonably possible, be neatly and carefully piled, in such manner as to minimize and prevent as far as possible the harborage of rodents, and shall be suitably protected from water and the elements so that there can be, so far as is practicable, no accumulation of water in any article or thing stored on the premises.
(SCC 1505 § 2, 2011)
If any person shall engage in, conduct, manage or carry on, at the same time, more than one of the businesses defined by Section 4.30.015, such person shall be deemed to be engaging in, conducting, managing and carrying on each such business separately and apart from the other such business, and such person shall comply in all respects with the provisions of this chapter relating to each such business, and it is unlawful for any such person to fail, refuse or neglect so to do.
(SCC 1505 § 2, 2011)
The Sheriff shall collect a license fee, in addition to the
standard fee for a special business license, from each licensee, for
each location at which the license issued pursuant to this chapter
is to be exercised, at a rate to be determined by the Sheriff and
approved by the Board of Supervisors, to provide for the direct and
indirect costs of processing reported data and enforcing the provisions
of this chapter. Each pawnbroker, secondhand dealer, secondhand watch
dealer, junk dealer and junk collector shall be authorized to charge
the amount of one dollar ($1.00) per transaction which is governed
by this chapter to defray the cost of said fee.
(SCC 1505 § 2, 2011)
Every pawnbroker, secondhand dealer, junk dealer and junk collector
shall immediately notify the Sheriff by telephone when any property
is offered to him or her for pledge or for sale under such circumstances
that the pawnbroker, secondhand dealer, junk dealer or junk collector
knows or should have known the property so offered for pledge or sale
to have been stolen.
(SCC 1505 § 2, 2011)
Violations of this chapter, under circumstances where a person knows, or in the exercise of reasonable care, should have known that a violation was being committed are unlawful and punishable as a misdemeanor. Violations of this chapter shall also constitute grounds for denial, suspension or revocation pursuant to Sections 4.10.040 and 4.10.100 and 4.10.135 of this title, of any license applied for or issued pursuant to this chapter.
(SCC 1505 § 2, 2011)
