A. 
Every pawnbroker shall retain pledged goods in his or her possession in conformance with California Financial Code Section 21201.
B. 
Every secondhand dealer shall retain in his or her possession, for a period of 30 calendar days, all tangible personal property reported pursuant to state law and Section 5.64.040 of this chapter. The 30-day holding period with respect to such property shall commence with the date the secondhand dealer delivers his or her property acquisition report to the police chief.
C. 
No part of this section shall apply to person(s) recycling glass/plastic bottles, aluminum cans, newspaper, and/or cardboard products.
(Prior code § 6801.1; Ord. 1838 § 3, 2008)
Notwithstanding Section 5.64.010(B), the police chief may, for good cause, as specified by the Department of Justice, authorize prior disposition of property retained by a secondhand dealer during the 30-day holding period and described in a specific report, provided that the secondhand dealer who disposes of tangible personal property pursuant to such authorization shall report the sale thereof to the police chief.
(Prior code § 6801.2; Ord. 1838 § 4, 2008)
A. 
"Junk dealer" includes any person, having a fixed place of business, engaged in the business of buying, selling and dealing in junk, including secondhand or used machinery, ferrous and nonferrous scrap metals or alloys, or automobiles, tools, implements, or portions thereof; any person purchasing, gathering, collecting, soliciting or traveling about from place to place procuring junk; and any person operating, carrying on, conducting or maintaining a junk yard or place where junk is gathered together and stored or kept for shipment, sale or transfer.
B. 
"Pawnbroker" includes any person engaged in the business of receiving goods, including motor vehicles, in pledge as security for a loan.
C. 
"Secondhand dealer" means and includes any person, copartnership, firm or corporation whose principal business is primarily that of engaging in buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning or auctioning secondhand tangible personal property; and any person who engages in the business of buying or selling tangible personal property in excess of 20 percent of the gross sales and purchases of goods or merchandise sold or purchased in the regular course of business.
(Prior code § 6801.4; Ord. 1838 § 5, 2008)
A. 
Every pawnbroker shall make daily and deliver to the police chief, before 12:00 p.m., on form JUS 123, to be purchased through the California Department of Justice for that purpose, all descriptions of all property received in pledge or purchased as tangible personal property, in whatever quantity received, including property purchased as tangible personal property at wholesale, tangible personal property taken in for sale or possessed on consign-ment for sale, and tangible personal property taken in trade, during the preceding 24 consecutive hours. The report shall be submitted to the police chief or his or her designees by mail, unless otherwise agreed upon by the pawnbroker and the police chief or his or her designees.
B. 
Every secondhand dealer shall make daily and deliver to the police chief, before 12:00 p.m., on form JUS 123, to be purchased through the California Department of Justice for that purpose, a complete report of each item of property and other valuable goods, wares, merchandise, or things received on deposit, taken in trade, taken in pawn, accepted for sale on consignment, accepted for auction, or purchased during the preceding 24 consecutive hours. The report shall be legible, prepared in English, and include, but not be limited to, the following:
1. 
The name and current address of the intended seller or pledger of such property;
2. 
The identification of the intended seller or pledger. The identification of the seller or pledger of the property shall be verified by the person taking the information. The verification shall be valid if the person taking the information reasonably relies on any one of the following documents, provided that the document is currently valid or has been issued within five years and contains a photograph or description, or both, of the person named on it, is signed by the person and bears a serial or other identifying number:
a. 
A passport of the United States;
b. 
A driver's license issued by any state, or Canada;
c. 
An identification card issued by any state;
d. 
An identification card issued by the United States;
e. 
A passport from any other country in addition to another item of identification bearing an address.
3. 
A complete and reasonably accurate description of serialized or nonserialized property, including, but not limited to, serial numbers, owner-applied numbers, manufacturer's named brands, model names or numbers, sizes, colors, materials, manufacturer's pattern names, personalized inscriptions, or other identifying marks or symbols;
4. 
A certification by the intended seller or pledger that he or she is the owner of the property or has the authority of the owner to sell or pledge the property;
5. 
A certification by the intended seller or pledger that to his or her knowledge and belief the information is true and correct and complete;
6. 
A legible fingerprint taken from the intended seller or pledger, as prescribed by the California Department of Justice.
C. 
The police chief, upon receipt of such daily reports, shall file the same in his or her office, and such reports shall be open to inspection only to the police department of the city or upon the order of a duly authorized court order made for that purpose.
(Prior code § 6801.6; Ord. 1838 § 6, 2008)
A. 
Every junk dealer shall, during normal business hours, allow periodic inspection of any premises and any junk thereon for the purpose of determining compliance with state recordkeeping requirements, and shall during those hours produce his or her records of sales and purchases and all property purchased incident to those transactions which is in the possession of the junk dealer for inspection by the police chief or any person appointed by the police chief.
B. 
Every secondhand dealer shall, during the 30-day holding period referenced in Section 5.64.010, produce any reported tangible personal property for inspection by any peace officer or employee designated by the police chief. Property subject to inspection and property held in pawn, which is stored off the business premises of the secondhand dealer, shall, upon request for inspection, be produced at the secondhand dealer's premises within one business day of a request.
C. 
Every pawnbroker shall allow periodic inspection of his or her records of loans and all pledged properties by the police chief or any peace officer or employee designated by the police chief.
(Prior code § 6801.8; Ord. 1838 § 7, 2008)
"Salvage collector" means a person not having a fixed place of business who goes from house to house or place to place gathering, collecting, buying, selling, or otherwise dealing in secondhand, used machinery, or scrap metals including automobiles, tools, implements, or parts or portions thereof, or other articles commonly known as salvage. This section is not applicable to anyone recycling bottles, aluminum can, and/or recyclable paper goods.
(Ord. 1838 § 8, 2008)
A. 
No persons shall engage in, conduct, or carry on the business of salvage collecting without a permit issued by the finance department of the city of Upland.
B. 
Each salvage collector shall hold a valid permit issued by the finance department, and pay annual permit and application fees in such amount as established by resolution of the city council.
C. 
A permit under this section shall be valid for 12 months from the date of issuance, unless revoked or suspended.
D. 
Each permittee shall immediately surrender his or her permit to the police chief, or to his or her designee, upon the suspension, revocation, or expiration of such permit.
(Ord. 1838 § 9, 2008)
A. 
All permittees shall obtain a photo identification card issued by the finance department, and shall have such identification card in their possession and visible on their person at all times when engaged in the activity of salvage collecting.
B. 
The photo identification badge shall serve as the salvage collector's permit.
(Ord. 1838 § 10, 2008)
Applications for salvage collector permits shall be filed with the finance department and each applicant shall submit the following information:
A. 
A valid California-issued driver's license, a valid California-issued identification card, or any other valid photo identification card issued by a state or the United States;
B. 
A right thumb print;
C. 
A current residential address and phone number; and
D. 
Primary vehicle information, including, the license number, year, make, model, and color. If no vehicle, the mode of transportation, such as bicycle or pedestrian.
(Ord. 1838 § 11, 2008)
If, during the permit term, the permittee has any change(s) in information provided on or concerning the original application or permit renewal application, the permittee shall provide the finance department with written notification of such change(s) within 10 business days of the change(s).
(Ord. 1838 § 12, 2008)
A salvage collector permitted under this chapter shall submit an application for renewal at least 30 days prior to the expiration thereof. The renewal application shall be submitted to the finance department together with the requisite renewal fee as established by the city council. Approval of the renewal application shall be contingent upon satisfactory compliance with all applicable provisions of this chapter.
(Ord. 1838 § 13, 2008)
The finance department shall accept an application for and grant a salvage collector permit or renewal permit unless the department finds that the applicant or permittee, his or her agent or employee, any person connected or associated with the applicant or permittee as partner, director, officer, stockholder, or general manager, or any person who is exercising managerial authority of or on behalf of the permittee has:
A. 
Knowingly made any false, misleading or fraudulent statement of a material fact in an application for a permit;
B. 
Has been convicted of an attempt to receive stolen property or any other offense involving stolen property;
C. 
Been convicted of a felony or any crime involving theft, embezzlement or illegal turpitude; and/or
D. 
Committed any act constituting dishonesty or fraud.
(Ord. 1838 § 14, 2008)
A salvage collector permit issued under this chapter may be revoked or suspended if any permittee, his or her agent or employee, any person connected or associated with the permittee as partner, director, officer, stockholder, or general manager, or any person who is exercising managerial authority of or on behalf of the permittee has:
A. 
Violated any provision or this chapter or of any statute relating to the business of salvage collecting;
B. 
Has been convicted of an attempt to receive stolen property or any other offense involving stolen property;
C. 
Been convicted of a felony or any crime involving theft, embezzlement or illegal turpitude;
D. 
Committed any act constituting dishonesty or fraud; or
E. 
Conducted the permitted business in a manner contrary to the peace, health, safety, and general welfare or the public.
(Ord. 1838 § 15, 2008)
When the police chief concludes that grounds for denial of a permit or permit renewal or permit suspension or revocation exist, the police chief, or his or her designee, shall serve the applicant or permit holder, by certified mail addressed to the business or residence address of applicant or permittee, with a notice of denial, or notice of intent to suspend or revoke permit. This notice shall state the reasons for the proposed action, the effective date of the decision, the right of the applicant or permittee to appeal the decision to a hearing officer, and that the decision will be final if no written appeal is filed within the time permitted.
(Ord. 1838 § 16, 2008)
A. 
The right to file a written appeal shall terminate upon the expiration of 15 days following the date of mailing by the police chief of the notice specified in Section 5.64.140 unless, prior to the end of the 15th day, a written appeal, together with an appeal fee in such amount as established by resolution of the city council, is filed with the city clerk. Upon receipt of a timely appeal and appeal fee, the city clerk shall forward the appeal and proof of payment to the police chief.
B. 
The hearing officer may uphold, modify or reverse the decision of the police chief. Within 10 days of the conclusion of the appeal hearing, the hearing officer shall render his or her decision and make written findings supporting the decision. He or she shall forward the decision to the city clerk. Upon receipt of the hearing officer's decision, the city clerk shall send a copy of the decision to the police chief and the appellant, along with a proof of service by mail. Any legal action challenging the hearing officer's decision shall be filed within 90 days of the date of the proof of service of mailing the decision, pursuant to Section 1094.5 et seq., of the California Code of Civil Procedure. The hearing officer's decision shall be effective and final upon service.
(Ord. 1838 § 17, 2008)
Every salvage collector shall keep and deliver to the police chief, before 12:00 p.m., a written record of all purchases made in the course of his or her business during the preceding 24 consecutive hours. The written record shall set out all of the following:
A. 
The name and address of each person from whom salvage items are purchased or to whom salvage items are sold; and
B. 
A description of the item or items purchased or sold.
(Ord. 1838 § 18, 2008)