For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:
"Pawnbroker"
shall mean a person engaged in conducting, managing, or carrying on the business of loaning money, for himself or herself or for any other person, upon personal property, personal security, pawns, or pledges, or the business of purchasing articles of 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.
"Pawnshop"
shall mean any room, store, or place in which any pawnbroker business is engaged in, carried on, or conducted.
(§ I, Ord. 959)
It shall be unlawful for any person to engage in, conduct, manage, or carry on the business of a pawnbroker without first applying for and receiving a permit in writing from the Council in the manner provided in this article. The Director of Finance shall not issue any license to any person to conduct or carry on the business of a pawnbroker until such permit shall have been granted.
(§§ II and IV, Ord. 959, as amended by § 2 (115), Ord. 624-NS, eff. Dec. 15, 1999)
Any person desiring to obtain a permit to conduct or carry on the business of a pawnbroker in the City shall file an application in writing with the Council, setting forth the following information:
(a) 
The street and number of the place where such business is proposed to be conducted or carried on; and
(b) 
The residence address of the applicant.
(§ III, Ord. 959)
Upon the receipt of such application, the Council shall cause to be investigated the business of the applicant and the location at which the applicant proposes to engage in business as set forth in the application.
(§ III, Ord. 959)
After the investigation of the business of the applicant and the location at which the applicant proposes to engage in business, the Council, in its discretion, may issue a permit to the applicant which shall be effective for the remaining portion of the current year. In exercising its discretion, the Council may take into consideration all facts as it may deem pertinent and proper and, before issuing any permit, shall specifically find that the following conditions exist:
(a) 
That the granting of such permit will not be detrimental to the safety, public morals, or general welfare of the City;
(b) 
That the granting of such permit will not be detrimental or injurious to other businesses located adjacent to or in the general vicinity of the proposed pawnbroker business; and
(c) 
That the granting of such permit will not be injurious to property or land values in the vicinity of the proposed business.
No permit to conduct or carry on the business of a pawnbroker shall be granted by the Council to any person who fails, refuses, or neglects to comply with the laws relating to and regulating the business for which such permit is sought.
(§§ III and IV, Ord. 959)
Any person operating under a permit issued pursuant to the provisions of this article shall be required to secure an annual renewal of such permit.
(§ III, Ord. 959, as amended by § 1, Ord. 415-NS, eff. January 1, 1987)
(a) 
Suspension by the Police Chief. In the event any person holding a permit to conduct or carry on the business of a pawnbroker shall violate, or cause or permit to be violated, any of the provisions of this article or any law relating to or regulating any such business, and particularly Chapter XI of Title 9 of Part 1 of the Penal Code of the State, or shall conduct or carry on such business in an unlawful manner, or shall cause or permit such business to be so conducted or carried on, it shall be the duty of the Police Chief, in addition to the other penalties provided in this Code, to suspend the permit issued for conducting or carrying on such business.
(b) 
Hearings: Notices. After the suspension of a permit to conduct the business of a pawnbroker pursuant to the provisions of this article, it is unlawful for the permittee to further conduct such business until a hearing shall have been conducted by the Police Chief and the Council on the revocation of such permit. A notice of the hearing shall be given in writing to the permittee or his or her manager or agent at least three days prior to the date of the hearing. Such notice shall state the grounds of complaint against the permittee or against the business carried on by such permittee and the time and place set for such hearing. Such notice shall be served upon the permittee by delivering the same to him, to his or her manager or agent, or to any person in charge of or employed in the place of business of the permittee, or if such person cannot be found at such place of business, at his or her place of residence or by leaving such notice at the place of business or residence of such person with some person of suitable age and discretion. If the permittee cannot be found and the service of such notice cannot be made upon him or her in such manner, a copy of the notice shall be mailed, postage fully prepaid, addressed to the permittee at his or her place of business or residence at least three days prior to the date of the hearing.
(c) 
Revocation. If, upon such hearing, the Council finds and determines that the permittee has violated any of the provisions of this article, the Council shall revoke such permit.
(§ V, Ord. 959)
After any permit to conduct or carry on the business of a pawnbroker issued pursuant to the provisions of this article has been revoked, no permit shall be granted to such permittee to conduct or carry on any such business within the City within six months after such revocation.
(§ V, Ord. 959)
No person holding a permit to conduct, manage, carry on, or deal in the business of a pawnbroker, as defined in subsection (a) of Section 3-1.1701 of this article, shall buy, sell, or otherwise deal in secondhand jewelry, precious stones, precious metals, including old gold, watches, or other similar secondhand merchandise without first applying for and receiving a special permit so to do from the Council in the manner provided in this article for securing ordinary permits.
(§ III, Ord. 959)
The Council shall charge the following fees:
(a) 
For an application for an ordinary pawnbroker's permit, the sum of $25;
(b) 
For an application for a special permit, the sum of $50;
(c) 
For an application for an annual permit renewal, the sum of $25;
(d) 
For an application for changing the location of a business for which a permit has been granted, the sum of $10; and
(e) 
For a change of ownership, the sum of $10, to be applicable only in the event the new owner is already operating under a permit issued pursuant to the provisions of this article.
Such fees shall be imposed for the purpose of defraying the expense of investigations, and in no event shall any application fee be refunded in the event the permit is not granted.
(§ III, Ord. 959)
It is unlawful for any person engaged in, conducting, managing, or carrying on the business of a pawnbroker, 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 the hours of 12:00 midnight on Saturday and 7:00 a.m. the following Monday, or between the hours of 7:00 p.m. of any day other than Saturday or Sunday and 7:00 a.m. of the following day.
(§ XII, Ord. 959)
Every pawnbroker shall maintain on the premises where such business is located a sign plainly printed in the English language and of sufficient size so that the same may be easily read from the sidewalk in front of the place of business, stating that he or she is a pawnbroker. Where the business is conducted in an office building, the sign shall be placed at the door to such office. Where the business is conducted in a department of any building, the sign shall be placed at the entrance to such department.
(§ VII, Ord. 959)
Every pawnbroker shall comply with the record retention and daily reporting requirements of California Business and Professions Code Section 21628 et seq., and any successory provisions thereto.
(§ VI, Ord. 959, as amended by § 2 (16), Ord. 624-NS, eff. Dec. 15, 1999)
It shall be unlawful for any pawnbroker to 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.
(§ XI, Ord. 959, as amended by § 2 (17), Ord. 624-NS, eff. Dec. 15, 1999)
If any person shall engage in, conduct, manage, or carry on at the same time more than one business pursuant to the provisions of this article, or any secondhand or junk business, such person shall be deemed to be engaged in, conducting, managing, and carrying on the one business separate and apart from the other business. Such person shall comply in all respects with the provisions of this article relating to the business of a pawnbroker and shall comply in all respects with the provisions of this chapter relating to secondhand or junk businesses, and it is unlawful for any such person to fail, refuse, or neglect so to do.
(§ XIII, Ord. 959)