It shall be unlawful for any person to engage in, carry on, or conduct the business of junk dealer, secondhand dealer or pawnbroker without a valid permit issued under the provisions of this chapter.
All applications for permits shall be filed with the Chief of Police on such forms as he or she may prescribe and shall contain such information as the Chief of Police shall reasonably deem necessary for the proper processing of the application.
The Chief of Police shall issue a permit unless he or she finds:
(a)
That the applicant has been convicted of an attempt to receive stolen property or any other offenses involving stolen property;
(b)
That the conduct of the business or activity at the location for which application is made, will violate any city, state or federal law or regulation, or is likely to constitute a public nuisance;
(c)
That the applicant has made any material statement or concealment in the application; or
(d)
That the applicant is under 18 years of age.
The Chief of Police shall cause such investigation of the application to be made as he or she deems necessary and shall grant or deny the permit within 45 days after application.
Any permit may be suspended or revoked by the Chief of Police when it shall appear to him or her that the activity authorized by such permit is conducted, maintained or carried out in a manner contrary to or in violation of any law of the state, county, city or federal government, or any provision of this Chapter. In addition, the Chief of Police may suspend or revoke the permit upon any grounds which would justify a denial to issue a permit.
No permit shall be revoked or suspended until a hearing shall have been held by the Chief of Police. Written notice of the time and place of such hearing shall be served upon the person to whom the permit was granted at least five working days prior to the date set for such hearing. Such notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending such permit. Notice may be given either by personal delivery thereof to the person to be notified or by depositing the same in the U.S. mail in a sealed envelope postage paid, addressed to such person to be notified at his or her address as it appears in his or her application for a permit.
Any person aggrieved by the decision of the Chief of Police, relating to the denial of a permit, revocation or suspension, may, within 10 days after the decision is communicated to the applicant in writing by the Chief of Police, appeal such decision to the City Council by filing a written notice, thereof with the City Clerk. If such notice is not filed within 10 days, the decision of the Chief of Police shall be final.
The City Council shall hold a public hearing to hear the appeal within 30 days from the date of filing such notice of appeal, and shall, conditionally or otherwise, grant, deny, reinstate or refuse to reinstate such permit.
Every application for a permit shall be accompanied by a non-refundable application fee, the amount of which shall be established by the City Council from time to time by resolution upon recommendation of the City Manager or designee. This application fee shall be in addition to any other business license fee or permit fee imposed by the San Leandro Municipal Code.