In addition to other provisions of this title, as well as all other applicable provisions of this code, auctioneers, coin dealers, junk dealers, operators or owners of every swap meet, pawnbrokers and secondhand dealers shall be subject to the provisions in BGMC § 5.44.020 through § 5.44.080, and none of the foregoing shall violate the same.
(prior code § 6513.5; Ord. 629 § 2, 1994)
Each of the dealers listed in BGMC § 5.44.010, at the close of each day, shall mail to the law enforcement agency of the city the "buy form," or such other form as is required by said law enforcement agency, for the purpose of recording and furnishing by said person to the law enforcement agency required information relative to purchases, pledges, or consignments. The forms shall contain a full, true, and complete report of all goods, wares, merchandise, or other things received on deposit, pledged, or purchased during that day, except household furniture, used tires, or used batteries, where the foregoing accepted items were taken in partial payment for new items, and merchandise originally sold new by said person and subsequently taken as a trade-in on other merchandise sold by the same person. It shall also contain other information which the law enforcement agency may reasonably require when the same will assist said agency in the detection of stolen property.
(Prior code § 6513.5(a))
Every such dealer listed in BGMC § 5.44.010 shall enter upon the "buy form" the positive identification furnished by the seller, pledgemaker, or consignee, such as a driver's license number, work badge number, auto or truck license number, or junk collector's business license number, in addition to the individual's true name and address. In lieu of positive identification, the licensee shall require the seller, pledgemaker, or consignee to furnish a plain impression print of his right index finger, or next finger in the event of amputation, upon the face side of the original sheet of the "buy form."
(Prior code § 6513.5(b))
Every person who sells, pledges, or consigns to a secondhand dealer, auctioneer, junk dealer, pawnbroker, or the owner or operator of a swap meet, in the course of said business, any property except household furniture, used tires or used batteries, taken in part payment for new tires or new batteries, and merchandise originally sold new by one of the business licensees mentioned in BGMC § 5.44.010, and subsequently taken as a trade-in on other merchandise sold by the same business licensee, shall furnish true, positive identification to the business licensee by which such person can be located by the sheriff.
(Prior code § 6513.5(c))
Secondhand dealers, auctioneers, junk dealers, pawnbrokers, and owners and operators of swap meets shall not melt, destroy, sell, or otherwise dispose of any article, goods, wares, merchandise, or thing obtained or used in said business, a report of the acquisition of which has been required, until 14 days after making the report to the law enforcement agency as required in BGMC § 5.44.020. Until said time has elapsed, the business licensee shall not clean, alter, repair, paint, or otherwise change the appearance of said articles.
(Prior code § 6513.5(e))
A. 
The law enforcement agency may release any property held during the period prescribed in BGMC § 5.44.060 if it is satisfied that the property is in the lawful possession of the business licensee.
B. 
In addition, the law enforcement agency may place a hold order upon any property so held during said period by a business licensee when the said law enforcement agency has reasonably determined that said property may be stolen. The hold order shall not exceed a period of 90 days. Upon the release of the hold order, the business licensee shall keep a true record of the property, and include therewith the true name and address of the person to whom such property was sold, or any other method of disposition.
C. 
No person shall sell, destroy, or otherwise dispose of any property while subject to a hold order.
(Prior code § 6513.5(f))
The provisions of BGMC § 5.44.070 regarding the destruction, sale, or disposal of property shall not apply to the following:
A. 
Property purchased from a business licensee holding a similar city license if, in the sale of such property, said business licensee has complied with all of the provisions of BGMC § 5.44.010 through § 5.44.070, except in the case of purchases made by junk dealers from junk collectors;
B. 
Property purchased on a bill of sale or invoice from a regularly established place of business which has been dealing in that type of article for not less than two years;
C. 
Purchases or sales by junk dealers or junk collectors of rags; bottles, other than milk or cream bottles; secondhand sacks, other than cement sacks; barrels; cans; shoes; lamps; stoves; or household furniture, with the exception of sewing machines and musical instruments; or the purchase or sale by secondhand dealers of household furniture, with the exception of sewing machines; all musical instruments, and typewriters. This exemption shall also exempt the foregoing from the provisions of BGMC § 5.44.050.
(Prior code § 6513.5(g))
A pawnbroker, or an agent or employee of a pawnbroker, shall not accept any pledge, loan any money on personal property, purchase or receive any goods, wares, or merchandise, or any article or thing whatsoever, or in any manner whatsoever engage in or conduct the business of pawnbroking between 7:00 p.m. of any day and 7:00 a.m. of the following day.
(Prior code § 6513(a))
Every pawnbroker shall keep a record, upon forms prescribed by the law enforcement agency and in the manner prescribed by the law enforcement agency, of all purchases and sales for the purpose of recording and furnishing to the law enforcement agency the required information relative to purchases, pledges, or consignments. These records or forms shall be delivered to the law enforcement agency in the manner and at the time required by the law enforcement agency. Such forms shall contain a full, true, and complete report of all goods, wares, merchandise, or other things received on deposit, pledge, or purchase during that day.
(Prior code § 6513(b))
The chief of police shall grant or renew a pawnbroker's business license provided that all California state law requirements have been satisfied, including but not limited to California Financial Code Sections 21300 et seq., as well as all relevant provisions of this code. Prior to the issuance of a license, the chief of police shall, in addition to his or her other duties required by state law and as contained in this title, submit the application to the Department of Justice. If the Department of Justice does not comment on the application within 30 days thereafter, the chief of police shall grant the applicant a license.
(Ord. 629 § 3, 1994)
A pawnbroker's license shall be renewable the second year from the date of issue, and every other year thereafter, upon the filing of a renewal application and continued compliance with the requirements of this title.
(Ord. 629 § 3, 1994)
In addition to the business license forfeiture requirements pursuant to this title, a pawnbroker's business license may be subject to forfeiture by the chief of police and the pawnbroker's activities enjoined for any reason permitted by this code and/or by California state law, including but not limited to the provisions of Financial Code Sections 21301 and 21303.
(Ord. 629 § 3, 1994)