A pawnbroker shall not, and an agent or employee of a pawnbroker
shall not accept any pledge or loan any money or personal property,
or purchase or receive any goods, wares or merchandise, or any article
or thing whatsoever, or in any manner whatsoever engage in or conduct
the business of pawnbroker between seven p.m. of any day and seven
a.m. of the following day.
(Prior code § 6413(a))
Every pawnbroker shall keep a record, upon forms prescribed
by the law enforcement agency and in the manner as prescribed by the
law enforcement agency, of all purchases and sales, for the purpose
of recording and furnishing the law enforcement agency with the required
information relative to purchases, pledges or consignments. These
records or forms shall be delivered to the law enforcement agency
in the manner and at the time required by the law enforcement agency.
Such forms shall contain a full, true and complete report of all goods,
wares and merchandise or other things received on deposit, pledge
or purchase during that day.
(Prior code § 6413(b))
In addition to other provisions of this title, secondhand dealers,
auctioneers, junk dealers, pawnbrokers and operations of every swap
meet shall be subject to the provisions set out in Article II of this
chapter, and none of the foregoing shall violate the same.
(Prior code § 6413.5)
A.
Each of the persons mentioned in Section 5.64.030 shall, at the close of each day, mail to the law enforcement agency of the city the "buy-form" or other form as required by the law enforcement agency, for the purpose of recording and furnishing by such person to the law enforcement agency required information relative to purchases, pledges or consignments.
B.
Such
forms shall contain a full, true and complete report of all goods,
wares, merchandise or other things received on deposit, pledged or
purchased during that day, except household furniture, used tires
and used batteries, where the foregoing excepted items were taken
in part payment for new items thereof, and except merchandise originally
sold new by such person and subsequently taken as a trade-in on other
merchandise sold by the same person, and shall also contain other
information which the law enforcement agency may reasonably require
where the same will assist the agency in the detection of stolen property.
C.
Every
such person shall enter upon the "buy-form" positive identification
furnished by the seller, pledgemaker or consignee, such as a driver's
license number, work badge number, auto or truck license number, or
junk collector's business license number, in addition to the individual's
true name and address. In lieu of such positive identification, the
licensee shall require the seller, pledgemaker or consignee to furnish
a plain impression print of his or her right index finger, or next
finger in the event of amputation, upon the face side of the original
sheet of the "buy-form."
D.
Every
person who sells, pledges or consigns any property to a secondhand
dealer, auctioneer, junk dealer, pawnbroker or owner or operator of
a swap meet, in the course of such business, except household furniture,
used tires or used batteries taken in part payment for new tires or
new batteries, and except merchandise originally sold new by the aforementioned
business licensees and subsequently taken as a trade-in on other merchandise
sold by the same business licensees, shall furnish true, positive
identification to the business licensee by which such person can be
located by the sheriff.
E.
Every
such business licensee as aforementioned shall preserve for a period
of at least two years a copy of the form, which shall be a carbon-copy
record of the original writing furnished to the law enforcement agency.
(Prior code § 6413.5 (a)—(d))
Secondhand dealers, auctioneers, junk dealers, pawnbrokers and
owners and operators of swap meets shall not melt, destroy, sell or
otherwise dispose of any article, goods, wares, merchandise or thing
obtained or used in the business, where a report of the acquisition
of the same has been required, until fourteen days after making a
report to the law enforcement agency as hereinbefore required, and
until such time has so elapsed, the business licensee shall not clean,
alter, repair, paint or otherwise change the appearance of such articles.
(Prior code § 6413.5(e))
The law enforcement agency may release any property held during
such period if satisfied that such property is in the lawful possession
of the business licensee. In addition, the law enforcement agency
may place a "hold order" upon any such property so held during such
period by such a business licensee where the law enforcement agency
has reasonably determined that the property may be stolen, which hold
order shall not exceed a period of ninety days, and upon release of
such hold order, the business licensee shall keep a true record of
such property and include therewith the true name and address of the
person to whom such property was sold, or any other method of disposition.
No person shall sell, destroy or otherwise dispose of any property
while subject to such a hold order.
(Prior code § 6413.5(f))
The aforementioned provisions in respect to the destruction,
sale or disposal of property shall not apply to the following:
A.
Property
purchased from a business licensee holding a similar city license
if in the sale of such property the business licensee had complied
with all of the provisions of this chapter, except in the case of
purchases made by junk dealers from junk collectors;
B.
Property
purchased on a bill of sale or invoice from a regularly established
place of business which has been dealing in that type of article for
not less than two years;
C.
Purchases or sales by junk dealers or junk collectors of rags, bottles (other than milk or cream bottles), secondhand sacks (other than cement sacks), barrels, cans, shoes, lamps, stoves or household furniture (with the exception of sewing machines and musical instruments), or the purchase or sale by secondhand dealers of household furniture, with the exception of sewing machines, all musical instruments and typewriters. This exemption shall also exempt the foregoing from the provisions of subsection E of Section 5.64.040.
(Prior code § 6413.5(g))
