For the purposes of this chapter the following words and phrases
shall have the meanings respectively ascribed to them by this section:
means any person having no fixed place of business in the City engaged in or carrying on the business of collecting, buying or selling any old rags, sacks, bottles, cans, papers, rubber goods, metals, rubbish, manure, waste material, refuse matter of any kind or other articles of junk; provided however, that no permit issued under the provisions of this chapter shall be deemed or construed to authorize or permit anything in violation of Chapter 7.16, relating to garbage and rubbish or the collection or removal of dead animals.
means any person having a fixed place of business in the
City commencing, conducting, or carrying on the business of buying,
selling or otherwise dealing in, either at wholesale or retail, of
any old rags, sacks, bottles, cans, papers, metal or other articles
commonly known as junk.
means a corporation organized under the General Non-Profit
Corporation Law of the State of California and certified as exempt
from Federal Income Tax by the Internal Revenue Service under Section
501(c)(3) of the Internal Revenue Code.
means any person commencing, conducting or carrying on or
purporting to carry on the business of loaning money for him or herself,
or for any other person, upon personal property, personal security,
pawns or pledges, or the business of purchasing articles or personal
property and reselling, or agreeing to resell, such articles to the
vendors or their assignees, at prices agreed upon at or before the
time of such purchase.
means any room, store or place in which any such business
as described in the definition of pawnbroker above is engaged in,
carried on or conducted.
means any person commencing, conducting or carrying on the
business of buying, selling or otherwise dealing in secondhand or
antique goods, wares, clothing or merchandise; provided, however,
that nothing in this chapter shall apply to the exchange of secondhand
furniture or furnishings as payment in whole or in part for new furniture
or furnishings given in exchange by a regular dealer in new furniture
or furnishings; provided further, that nothing in this chapter shall
apply to the sale of any secondhand goods, wares or merchandise sold
by any public warehouseman at any warehouse in the City for non-payment
of any storage bill for the storage in such warehouse of goods, wares
or merchandise so sold.
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Wherever used in this code, the terms "secondhand" includes
"antique," and "secondhand dealer" includes "antique dealer" in goods,
wares or merchandise of all types and descriptions.
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means property defined in Section 21627 of the Business and
Professions Code.
(Ord. 3535, 1972; Ord. 3945, 1978; Ord. 4114, 1981)
A person is exempt from reporting the receipt or purchase of
tangible personal property pursuant to this chapter if that person
is a secondhand dealer as defined in Business and Professions Code
Section 21626, has obtained a license pursuant to Section 21641 of
said Code and reports the receipt or purchase of such tangible personal
property pursuant to Section 21628 of the Business and Professions
Code or Section 21208 of the California Financial Code.
(Ord. 4114, 1981)
It is unlawful for any person to engage in, conduct, manage or carry on or purport to carry on in the City, the business of pawnbroker, secondhand dealer, junk dealer or junk collector without first applying for and receiving a permit, in writing from the Chief of Police and without first paying any applicable taxes as provided in Chapter 5.04. Said permit shall be valid for one year and shall be renewed each successive year.
(Ord, 3766, 1975; Ord. 4114, 1981)
Any person desiring to obtain a permit to conduct or carry on any business mentioned in Section 5.44.010 shall file an application in writing therefor with the Chief of Police, specifying, by street and number, the place where such business is proposed to be conducted or carried on. Such application shall be signed by the applicant and shall contain the address of such applicant. The Chief of Police is authorized to charge fees to pay for Department of Justice charges for processing of applications for permits and licenses authorized by this code or State law.
(Prior code §26.5; Ord. 4114, 1981)
No permit to commence or conduct or carry on any business mentioned in Section 5.44.010 shall be granted by the Chief of Police to a person who fails, refuses, or neglects to comply with the laws or ordinances relating to and regulating the business for which such permit is sought. The Tax and Permit Inspector shall not accept payment of a tax from any person to conduct or carry on the business of pawn-broker, secondhand dealer, junk dealer or junk collector until the Chief of Police shall have granted a permit therefor.
(Prior code §26.6; Ord. 3125 §4, 1966; Ord. 4114, 1981)
In the event that any person holding a permit to commence or conduct or carry on a business specified in Section 5.44.010 shall violate, or cause or permit to be violated, any of the provisions of this chapter or any provision of this code or any other ordinance or of any law relating to or regulating any such business, or shall conduct or carry on such business in an unlawful manner, or shall cause or permit such business so to be conducted or carried on, it shall be the duty of the Board of Fire and Police Commissioners and the Board shall, in addition to other penalties provided for violation of this code, revoke the permit issued for conducting or carrying on such business. If the permit is revoked, no permit shall be granted to such person to conduct or carry on any such business within six months after such revocation.
(Prior code §26.7)
A.
No permit
issued under the provisions of this chapter shall be revoked until
a hearing shall have been had by the Board of Fire and Police Commissioners
in the matter of the revocation of such permit. Notice of the hearing
shall be given in writing and served at least five days prior to the
date of hearing upon the holder of such permit, or his or her manager
or agent, which notice shall state the ground of complaint against
the holder of such permit or against the business carried on by such
holder and shall also state the time when and place where such hearing
will be had.
B.
Such
notice shall be served upon the holder of such permit by delivering
the same to such person or his or her manager or agent, or any person
in charge of or employed in the place of business of such holder,
or if such person has no place of business, then at his or her place
of residence; or by leaving such notice at the place of business or
residence of such person of suitable age and discretion. If the holder
of such permit cannot be found and service of such notice cannot be
made upon him or her in the manner provided, then a copy of such notice
shall be mailed postage fully prepaid, addressed to such holder of
such permit at such place of business or residence, at least five
days prior to the date of such hearing.
(Prior code §26.8; Ord. 3766, 1975)
A.
Reports.
Every pawnbroker, secondhand dealer, junk collector and junk dealer
on each day before the hour of 10:00 a.m. shall make out and deliver
to the Chief of Police, on a blank form to be obtained by such pawnbrokers,
secondhand dealers, junk collectors and junk dealers from the Office
of the Chief of Police or California Department of Justice for that
purpose, a full, true and complete report of all goods, wares, merchandise,
tangible personal property or things received traded, pledged or purchased
or taken in trade during the day preceding the filing of such report.
Such report shall show the hour of the day when such articles were
received, traded, pledged or purchased or taken in trade and the true
signature and address of the person by whom such article was left
on deposit, pledged, sold or traded together with a description of
such person. The description to be given of every such person shall
show the style of dress, height, age, complexion, color of mustache
or beard or both, where the same are worn, and if neither is worn,
such fact should be noted. Such report shall also show the number
of pawn tickets, amount loaned, traded, purchased or pledged and a
complete description of each article received, traded, deposited,
pledged or purchased. If any article so left on deposit, received,
pledged, purchased or traded has engraved thereon any number, word
or initial, or contain 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.
(Prior code §§26.9, 26.10, 26.11, 5.44.080,
5.44.090; Ord. 4114, 1981)
The Chief of Police shall approve forms to comply with the requirements
of this chapter and shall use standardized forms prescribed by the
California Department of Justice when practical.
(Prior code §26.12; Ord. 4114, 1981)
The Chief of Police shall file in some secure place in his or
her office or forward them to the California Department of Justice,
all reports received pursuant to the terms of this chapter, and the
same shall be open to inspection only by employees of the Police Department,
law enforcement officers, or upon an order of a court of competent
jurisdiction or of the Chief of Police made for that purpose.
(Prior code §26.13; Ord. 4114, 1981)
No person shall sign a fictitious name or address to any bill
of sale for any goods, wares or merchandise referred to in this chapter,
or to any pawnshop ticket or make any false entry in any report or
record required by this chapter.
(Prior code §26.14)
If any person shall carry on, at the same time, more than one of the businesses referred to in Section 5.44.010, such person shall be deemed to be carrying on such business separate 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.
(Prior code §26.15)
Every person known as a junk dealer or collector shall retain
and keep on his or her premises, in a separate place designated for
the purpose, all metals purchased by him or her, in the following
manner:
The entire purchase of each day shall be put and kept in such
designated separate place and the day's purchase shall be kept in
its original condition for a period of three days after purchase or
receipt of copper, brass or other metals and shall be at all times
open to the inspection of the Police Department.
(Prior code §26.16)
Every pawnbroker, secondhand dealer, junk dealer and junk collector
shall keep a complete record of all goods, wares, merchandise or things
pledged to or purchased or received by him or her, which record shall
contain all of the matters required to be shown in the reports referred
to and described in this chapter. Every such record and all goods,
wares, merchandise and things pledged to or purchased or received
by any such pawnbroker, secondhand dealer, junk dealer or junk collector
shall be open at all times during business hours to the inspection
of any law enforcement officer.
(Prior code §26.17; Ord. 4114, 1981)
No church or other non-profit organization shall be subject
to the other provisions of this chapter, provided that any church
or non-profit organization conducting a secondhand sale shall give
the Chief of Police five days' prior notice of the date and location
of said sale, and shall keep complete records of all goods, wares,
merchandise and things purchased, or received by said organization,
for sale at said secondhand sale or sold by any individual at a secondhand
sale conducted by any such church or organization. Every such record
and all goods, wares, merchandise and things received by any such
church or non-profit organization shall be open at all times during
business hours to the inspection of the Chief of Police or any Police
Officer. Said records shall be kept for one year following said sale.
(Ord. 3607, 1973)
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.
(Prior code §26.19)
No pawnbroker or secondhand dealer shall sell or otherwise dispose
of any article or thing within 30 days after such article or thing
has been purchased or received by such pawnbroker or second-hand dealer,
except when the Chief of Police, for good cause, authorizes prior
disposition with prior written authorization. During the required
holding period, the article or thing so purchased shall not be altered,
changed or defaced and shall remain and be during the period in the
same condition as when purchased or received by the pawnbroker or
secondhand dealer.
(Prior code §26.20; Ord. 4114, 1981)
No junk dealer or junk collector shall sell or otherwise dispose
of any article or thing within three days after such article or thing
has been purchased or received by such junk dealer or junk collector.
(Prior code §26.21)
The provisions of this chapter shall not apply to the receipts or sale of any secondhand article by any person who received or purchased such secondhand articles from any other person who has made the required report to the Police Department and shall have held the articles for the length of time provided for in Sections 5.44.180 and 5.44.190; provided, however, that such person is required to report that such articles have been held by the person, from whom the articles were purchased for the length of time required by this chapter.
(Prior code §26.22)
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 of or to loan any money upon personal
property, or to purchase or receive any goods, wares or merchandise
or any article or thing, or in any manner whatsoever to engage in
or conduct any such business between 12:00 a.m. on Saturday and 7:00
a.m. of the following Monday, or between 7:00 p.m. of any day, other
than Saturday or Sunday, and 7:00 a.m. of the following day.
(Prior code §26.23)
No pawnbroker, secondhand dealer, junk dealer or junk collector
shall purchase, or receive on deposit, or accept as a pledge any goods,
wares, merchandise or anything whatsoever from, or make a loan to
any person under the age of 18 years.
(Prior code §26.24)
Pawnbrokers, secondhand dealers and junk dealers shall provide
and furnish to the person from whom any goods, wares or merchandise
are purchased a certificate of sale, a duplicate copy of which shall
be kept on file by the purchaser. Such certificate of sale shall be
signed by both the purchaser and seller. The duplicate copy of such
certificate shall at all times be kept open to the inspection of the
members of the Police Department.
(Prior code §26.25)
Secondhand dealers of household furniture, and junk dealers
or junk collectors of rags, bottles (other than milk or cream bottles),
barrels, cans, shoes, lamps, stoves, household furniture, or scrap
iron (when bought and sold for scrap) when purchasing or selling said
items, are exempt from the requirements of this chapter for reports,
records, waiting periods before resale and restrictions upon purchases
from minors. Household furniture does not include sewing machines,
musical instruments, oriental or Chinese rugs and all other merchandise
bearing a serial number or evidence of having had a serial number
or personalized initials or inscription.
(Prior code §26.26; Ord. 3945, 1978; Ord. 4114, 1981)
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 fail, refuse or neglect to file any report in the form,
in the manner, at the time and in all respects in accordance with
the requirements of this chapter, or to fail, refuse or neglect to
keep a record in the form and in the manner required by this chapter,
or to fail, refuse or neglect to exhibit to any law enforcement officer,
immediately upon demand for the privilege of such inspection, any
such record or any goods, wares or merchandise or things pledged to
or purchased or received by such person.
(Prior code §26.27; Ord. 4114, 1981)
A.
Reporting.
Every business machine dealer shall report all used business machines
that he or she has repaired pursuant to the procedure approved by
the Chief of Police. No report of repair shall be required of a dealer
servicing or repairing a machine in the possession of the owner to
whom that dealer sold the machine when it was new.
B.
Definition.
As used in this section, the term "business machine" includes, but
is not limited to, typewriters, adding machines, check-writing devices,
cash registers, calculators, addressing machines, copying and accounting
equipment, letter-sorting and folding devices, and recording equipment,
but does not include office furniture or fixtures.
(Ord. 4114, 1981)
