Note: Editor's note—Ord. 2010-943, § 1, adopted Sept. 21, 2010, amended Ch. 5.04 in its entirety to read as herein set out. Former Ch. 5.04, §§ 5.04.010—5.04.220, pertained to similar subject matter and derived from prior code §§ 7-1—7-15; Ord. 90-658, § 1, 1990; Ord. 94-740, §§ 1—12, 1994; and Ord. 2006-898, § 1, 2006.
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
"Generally"
means any terms not specifically defined under this chapter shall have the meanings respectively ascribed to them in Section 5.08.020.
"Pawnbroker"
means every person conducting, managing or carrying on the business of loaning money, either for himself or for any other person, upon any personal property, personal security or purchasing personal property and reselling or agreeing to resell such property to the vendor or other assignee at prices previously agreed upon. Nothing in this chapter shall be deemed to apply to the loaning of money on personal property or personal security by any bank authorized to do so under the laws of this state or the United States.
(Ord. 2010-943, § 2; Ord. 2020-1082, § 1)
No person shall operate, conduct or manage any business meeting the definition of "pawnbroker" herein without first obtaining a permit as hereinafter provided.
(Ord. 2010-943, § 2; Ord. 2020-1082, § 1)
A. 
Any applicant aggrieved by any decision by the City on an application for, or renewal or revocation of a permit required by this chapter, may appeal such decision to the City Council within 15 calendar days after notice of the decision is given to the applicant.
B. 
The appeal shall be filed on forms provided by the City Manager together with any applicable fee established by resolution of the City Council, which may be amended from time to time.
C. 
The appeal request shall set forth the appellant's reasons for asserting the decision was in error or in violation of this code or other applicable law.
D. 
The City Manager shall set a time and place for the City Council to hear the appeal and shall notify the applicant. The appeal shall be heard by the City Council at its next regular meeting.
E. 
The City Council may affirm, dismiss or modify the decision of the City Manager.
F. 
The City Council's decision on the appeal shall be in writing and shall state with specificity the reasons for the decision. The City Council's written decision shall be given to the applicant in person or by registered mail within two business days of the City Council's decision. The action of the City Council shall be final and may be appealed to a court of competent jurisdiction in accordance with applicable provisions of the California Code of Civil Procedure.
(Ord. 2010-943, § 2; Ord. 2020-1082, § 1)
Applicants for a permit required by this chapter shall file a written, signed, and acknowledged application with the City Manager, setting forth the following:
A. 
The name and address of the applicant;
B. 
The place or area in which the business is to be conducted;
C. 
The name or names of the person or persons who, in addition to the applicant, will or may be responsible for the management or supervision of the business;
D. 
Whether or not the applicant or any of his or her employers or associates or any person or persons who may be responsible for the management or supervision of the business has been convicted of a crime, the nature of such offense and the sentence received therefor;
E. 
A statement that the applicant has complied with all land use regulations and other applicable municipal ordinances and regulations there under; provided, that compliance with this chapter may be delayed under the provisions of Section 5.04.080.
(Ord. 2010-943, § 2; Ord. 2020-1082, § 1)
The application shall be submitted with any applicable fee set by resolution of the City Council and may be amended from time to time. Payment of this fee does not excuse the applicant from compliance with all provisions of Chapter 5.08 of this code regarding business licenses.
(Ord. 2010-943, § 2; Ord. 2017-1043, § 1; Ord. 2020-1082, § 1)
Upon receipt of the application and fee, the City Manager shall refer the matter to the Chief of Police who shall investigate all facts or evidence bearing upon the nature of the business, the place where the business is to be conducted, and the character, reputation, and moral fitness of the applicant, his or her employees, and associates, and the person or persons who will be responsible for the management or supervision of the business.
(Ord. 2010-943, § 2; Ord. 2020-1082, § 1)
For all businesses requiring a permit pursuant to this chapter, the City Council shall hold a public hearing prior to taking action upon an application for a permit. At least 10 days prior to the public hearing, the City Clerk shall cause notice of the hearing to be published at least once in a newspaper of general circulation in the City. The City Clerk shall also give notice by mail to all property owners within 300 feet of the proposed location for the business, as shown upon the last equalized assessment roll, at least 10 days prior to the public hearing. The City Clerk shall also cause a suitable public notice to be posted at the proposed location for the business not less than 10 days prior to such public hearing.
(Ord. 2010-943, § 2; Ord. 2020-1082, § 1)
Within 30 days of the filing of an application for a permit required by this chapter with the City Manager, but after having received the investigation report from the Chief of Police required by Section 5.04.070 and having conducted the public hearing provided for in this chapter, the City Council shall either:
A. 
Issue the permit if the City Council finds that the operation of the business will comport with the peace, health, safety, convenience, good morals, and general welfare of the public. To ensure that such business will comport with the aforesaid standards, the City Council may impose such terms, conditions, and restrictions upon the operation and conduct of such business, not in conflict with any paramount law, as it may deem necessary; or
B. 
Deny the permit if the City Council finds that the operation of the business will not comport with the peace, health, safety, convenience, good morals, and general welfare of the public or that the applicant, his or her employers or associates, or the person who would be responsible for the management or supervision of the business is unfit to be trusted with the privileges granted by such permit or has a bad moral character, intemperate habits, or a bad reputation for truth, honesty, or integrity.
(Ord. 2010-943, § 2; Ord. 2020-1082, § 1)
After approval of a permit pursuant to Section 5.04.080, the City Manager, after the applicant has complied with the provisions of this chapter relating to business licenses, shall issue to the applicant a permit, which shall contain:
A. 
The name of the person to whom the permit is issued;
B. 
The address where such business is to be located;
C. 
The date of the expiration of such permit; and
D. 
If the business permit was approved by the City Council subject to terms, conditions, and restrictions upon the operation and conduct of the business, the permit shall contain a complete statement of such terms, conditions, and restrictions.
(Ord. 2010-943, § 2; Ord. 2020-1082, § 1)
Permits issued pursuant to this chapter shall be valid for a period of one fiscal year, commencing on July 1st of each year and ending on June 30th of the subsequent year. Permits shall extend into the subsequent fiscal year without requiring renewal following the first partial fiscal year of operation.
(Ord. 2010-943, § 2; Ord. 2020-1082, § 1)
The permit shall be posted in a conspicuous place on the site where the business for which such permit was issued is located.
(Ord. 2010-943, § 2; Ord. 2020-1082, § 1)
No permit issued under the provisions of this chapter shall be transferable, except with the consent of the City Council, which may require the desired transferee to file an original application in accordance with this chapter.
(Ord. 2010-943, § 2; Ord. 2020-1082, § 1)
A. 
A permit issued under this chapter, which has not been previously revoked, may be renewed by filing a request for renewal with the City Manager and paying a renewal fee at least 15 days prior to the date of expiration. Renewal fees shall be established by resolution of the City Council and may be amended from time to time. The City Manager shall forward a copy of such request to the Chief of Police for their recommendations, which shall be returned to the City Manager within 15 days.
B. 
If, in the judgment of both the City Manager and the Chief of Police, the continued operation of the business under the terms and conditions of the existing permit will comport with the peace, health, safety, convenience, good morals, and general welfare of the public and all land use regulations and other applicable municipal ordinances and regulations there under have been complied with, the City Manager shall reissue the permit for an additional period of one year.
C. 
If the request for renewal is filed later than 15 days prior to the date of expiration or if either the City Manager or the Chief of Police reports that in his or her judgment the continued operation of the business under the terms and conditions of the existing permit will not comport with the peace, health, safety, convenience, good morals and general welfare of the public, the City Manager shall forward the request for renewal together with the aforementioned reports to the City Council, whereupon it shall be treated as if it were an original application under the provisions of this chapter.
(Ord. 2010-943, § 2; Ord. 2017-1043, § 2; Ord. 2020-1082, § 1)
The City Council at any time may revoke or temporarily suspend a permit in the manner provided in this section where the holder thereof or any person or persons responsible for the management or supervision or the business in question violates or permits any infraction of any law of the state or any ordinance or regulation of the City, including any conditions or restrictions imposed by the City Council upon issuance of the permit, or where the permittee obtained his or her permit by misrepresentation or where the City Council becomes satisfied for any reason that the conduct of the business under the existing conditions or restrictions imposed under the terms of the permit does not or will not comport with the peace, health, safety, convenience, good morals, and general welfare of the public. A permit shall not be revoked under the provisions of this chapter unless a public hearing, adequate notice of which is described hereinafter, is given the permittee; provided, however, that any permit may be temporarily suspended by the City Council prior to notice of public hearing. Adequate notice of a public hearing at which the revocation of a permit is to be considered shall be deemed to be given if a registered letter, addressed to the permittee at the address given in the application, is deposited in the mail by the City Manager at least 15 days before the hearing. At such public hearing the permittee shall be given the opportunity to submit written statements, appear in person, and present witnesses in his or her behalf.
(Ord. 2010-943, § 2; Ord. 2020-1082, § 1)