Chapter 5.68
PAWNBROKERS, SECONDHAND
DEALERS, AUTO WRECKERS AND
JUNK DEALERS
5.68.010 Definitions-Scope.
5.68.020 Permit required-Posting.
5.68.030 Permit-Application.
5.68.040 Permit-Qualifications.
5.68.050 Permit-Issuance or denial-Appeal.
5.68.060 Permit-Transferability.
5.68.070 Permit-Renewal-Application.
5.68.080 Permit-Separate businesses.
5.68.090 Permit-Revocation or suspension-Hearing.
5.68.100 Safety requirements.
5.68.110 Records and reports- Generally.
5.68.120 Disposition of articles-Limitation.
5.68.130 Disposition of articles-Exception.
5.68.140 Doing business with minors prohibited.
5.68.150 True name, age and address.
5.68.010 Definitions-Scope.
A. For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them unless otherwise noted:
"Auto wrecker" means any person who buys, sells, exchanges, otherwise deals in or in any other manner comes into possession of any motor vehicle as defined in the statutes, for the purpose of dismantling or disassembling, or who dismantles or disassembles any such motor vehicle, whether for the purpose of selling, utilizing or otherwise disposing of the component parts of such vehicle, or for the purpose of selling, utilizing or otherwise disposing of the component materials of such vehicle either as junk or otherwise.
"Junk dealer" means any person having a fixed place of business in the city and engaging in, conducting, managing or carrying on the business, either wholesale or retail, of buying, selling or otherwise dealing in any old rags, sacks, bottles, cans, papers, metal, rubber or other articles commonly known as junk.
"Pawnbroker" means any person engaging in, conducting, managing or carrying on a business of loaning money on the security of personal property pledged in his or her keeping, or of purchasing personal property, and agreeing at or before the time of purchase to resell the same to the vendor at a stipulated price.
"Pawnshop" means any room, store or place in which the business of a pawnbroker is conducted.
"Secondhand dealer" means any person engaging in, conducting, managing or carrying on the business of buying, selling or otherwise dealing in used or secondhand goods, wares or merchandise.
B. The provisions of this chapter shall not be construed to apply to the receipt or sale of any secondhand goods, wares or merchandise by any person who received the same as part payment on new goods, wares or merchandise, if such person is the authorized representative or agent of the manufacturer, jobber or distributor of the new goods, wares or merchandise sold. (Prior code º 7-229)
5.68.020 Permit required-Posting.
No person shall engage in, conduct, manage or carry on the business of pawnbroker, secondhand dealer, auto wrecker or junk dealer without having first obtained a permit from the city to do so in the manner provided by this chapter, which permit shall be posted and maintained in a conspicuous place on the premises where such business is conducted. (Prior code º 7-239)
5.68.030 Permit-Application.
A. Any person desiring to obtain the permit required by Section 5.68.020 shall make application therefor in writing. Such application shall be accompanied by an affidavit of the applicant(s) which shall set forth the following information:
1. The name, age, residence address and telephone number of the applicant(s), if a natural person; or if a corporation, its name, date and place of incorporation, address and telephone number of its principal place of business and the names of all its officers, together with their respective addresses and telephone numbers; or if a partnership, association or unincorporated company, the names of the partners or persons comprising the association or company, together with their respective addresses and telephone numbers;
2. The kind of business for which such permit is sought and the address at which such business is to be conducted;
3. A statement as to whether or not an application for a similar permit has been refused, denied or canceled by this or any other municipality in the state, and if so, a full statement of the reasons therefor;
4. Applicants shall provide necessary fingerprints and photographs to enable the police division to conduct an investigation as required.
B. A fee as set forth in the resolution pursuant to Section 5.08.010 shall be paid at the time the application is submitted. All applications for a permit must be filed by the applicant and, if the applicant is a corporation or partnership, the same must be signed by a duly authorized officer on behalf of the corporation, or any member of the partnership. (Prior code º 7-240)
5.68.040 Permit-Qualifications.
A permit to engage in, conduct, manage or carry on any business mentioned in Section 5.68.010 shall not be granted to any person who has failed, refused or neglected to comply with the laws and ordinances relating to and regulating the business for which such permit is sought. (Prior code º 7-241)
5.68.050 Permit-Issuance or denial- Appeal.
Upon receipt of the application as provided in this chapter a committee consisting of the city manager, the chief of police and the fire chief, or a committee to be selected by the council, shall cause to be investigated the business of the applicant, the location at which such applicant proposes to engage in the business as specified in such application, the responsibility of the applicant, and if a permit has been refused or canceled by any other municipality in the state, the conditions of such refusal or cancellation, and thereafter if the committee becomes satisfied that the application should be granted, it may direct the city clerk to issue a permit, which shall be effective for a period of one year from the date of issuance. If the application is denied, the applicant may appeal to the council, within the time and in the manner provided in Chapter 2.88. (Prior code º 7-242)
5.68.060 Permit-Transferability.
No permit or renewal thereof, issued under this chapter shall be transferable. (Prior code º 7-243)
5.68.070 Permit-Renewal-Application.
Any permit issued under this chapter shall be renewable the second year from the date of issue, and every other year thereafter, upon the filing of a renewal application and payment of a renewal fee, in the same manner as specified in Section 5.68.030. Such application shall be made within thirty days from the date of the expiration of such permit or the last renewal thereof, and if not so made such permit shall be null and void and not renewable. (Prior code º 7-244)
5.68.080 Permit-Separate businesses.
If any person shall engage in, conduct, manage or carry on, at the same time, more than one of the businesses defined and referred to in this chapter, such person shall be deemed to be engaged in conducting, managing and carrying on each 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, and no person shall fail, refuse or neglect to do so. (Prior code º 7-245)
5.68.090 Permit-Revocation or suspension-Hearing.
A. In the event any person, after having been granted a permit to engage in, conduct, manage or carry on the business of pawnbroker, secondhand dealer, junk dealer or auto wrecker shall violate or cause or permit to be violated, any of the provisions of this chapter, or of any law or ordinance relating to or regulating any such business, the council may, in its discretion, in addition to other penalties provided for by this chapter, revoke, cancel or suspend such permit so issued. If the permit or license of any person to engage in, conduct, manage or carry on any business under the provisions of this chapter shall be so revoked, another such permit or license shall not be granted to such person to engage in, conduct, manage or carry on any such business within twelve months after the date of such revocation.
B. A permit granted under the provisions of this chapter shall not, by virtue of this section, be revoked, canceled or suspended until a hearing shall have been had by the council relative to so doing. Written notice of the time and place of such hearing shall be served upon the permittee at least three days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, canceling or suspending such permit. If, after due diligence, the permittee cannot be found, such notice may be served upon such permittee by delivering to and leaving with any person in charge of, or employed in, the place of business operating under the permit in question, a true and correct copy of such notice; or, if such person has no fixed place of business, then by delivering to and leaving with any person at his or her place of residence over the age of fourteen years, such true and correct copy; provided, that in the event such permittee cannot, after due diligence, be found, and such notice cannot be served as is provided in this section, then service may be made by mailing such notice in the manner provided by the State Code of Civil Procedure. (Prior code º 7-246)
5.68.100 Safety requirements.
A. No person shall engage in the business of storing or collecting junk, parts of wrecked, disassembled or dismantled automobiles or other materials at a yard or place within the city, unless such yard or place is within a building constructed of the materials and in the manner that buildings are required or permitted to be constructed in the city, or within a solidly and entirely fenced enclosure enclosed by a fence not less than six feet in height constructed of a material such as is required or permitted to be used in the construction of the outside walls of buildings. If such fence, or any portion thereof, is within a distance of ten feet from a public way or any building or structure, such fence, or portion thereof, within such distance, shall be at least eight feet in height, and such junk, parts or other materials shall not be piled or stacked higher than two feet below the top thereof within a distance of ten feet therefrom; provided, that such junk, parts or other materials shall never be piled or stacked higher than the top of any fence provided for in this section.
B. A permit, or the renewal of any permit which has been, or may hereafter be granted to engage in, conduct, manage or carry on the business of junk dealer or auto wrecker shall be conditioned upon the storage of all junk, or parts of dismantled, disassembled or wrecked automobiles or other materials being had in the manner provided for in subsection A of this section, and any person failing to comply with the provisions of subsection A of this section shall be deemed to be operating without a permit. (Prior code º 7-230)
5.68.110 Records and reports-Generally.
A. Every pawnbroker, secondhand dealer, junk dealer or auto wrecker shall keep a complete record of all goods, wares, merchandise or things pledged to or purchased or received by him or her, or sold or otherwise disposed of, which record shall contain all the matters required to be shown in the report referred to and described in subsection B of this section. 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 auto wrecker shall be open at all times during business hours to the inspection of any police officer of the city.
B. Semiweekly Reports of Purchases, Pledges and Deposits-Posting Requirements. Every secondhand dealer, junk dealer or auto wrecker shall, on each Monday and Thursday before the hour of ten a.m., and each pawnbroker shall at times specified by state law, make out and deliver, or cause to be made out and delivered to the office of the police division of the city, on blank forms to be obtained from the office of the police division for that purpose, a full, true and complete report of all goods, wares, merchandise or things received on deposit, pledged or purchased during the period preceding the filing of such report. Such report shall show the hour of the day when each article was received on deposit, pledged or purchased, and the true name and address, as nearly as the same are known or can be ascertained, of the person by whom such article was left on deposit, pledged or sold, together with a description of such person. Such report shall show the number of the pawn ticket, amount loaned, amount of purchase and an accurate description of each article left on deposit, pledged or purchased. A copy of this section, to be furnished by the city clerk, shall be kept conspicuously posted in the place of business of every pawnbroker, secondhand dealer or auto wrecker.
C. Every report and record required by the terms of this chapter to be filed or kept shall be written or printed in the English language in a clear and legible manner. Each report form referred to in subsection B of this section shall be filled out completely, leaving no inquiry unanswered, and where no answer is given, a written explanation for the failure to do so must be made.
D. It is unlawful for any person to sign or give fictitious name or address upon the deposit, sale or pledge of any goods, wares, merchandise or a thing of value, or for use in the report form required to be made by the provisions of this chapter or for use in the register required to be kept by the provisions of Section 21202 of the State Financial Code.
E. The chief of police shall cause to be filed in the office of the police division all reports received pursuant to the terms of this chapter and the same shall be open to inspection only by members of the police division of the city. The chief of police will daily submit such reports to the Department of Justice.
F. No person engaged in, conducting, managing or carrying on the business of pawnbroker, secondhand dealer, junk dealer, auto wrecker or any agent or employee of any such person, shall fail, refuse or neglect to file any report in accordance with the provisions of this chapter, or shall fail, refuse or neglect to keep any record as required by this chapter or shall fail, refuse or neglect to exhibit to any police officer of the city immediately upon demand for the privilege of such inspection, any such record or any goods, wares, merchandise or things pledged to or purchased or received by such person. (Prior code ºº 7-231-7-235)
5.68.120 Disposition of articles- Limitation.
No pawnbroker, secondhand dealer, junk dealer or auto wrecker shall sell or otherwise dispose of any article or thing within thirty days after such article or thing has been received or purchased by him or her as set forth in Business and Professions Code Section 21636 and as thereafter amended. (Prior code º 7-236)
5.68.130 Disposition of articles-Exception.
The provisions contained in subsections A, B and F of Section 5.68.110 and Section 5.68.120 shall not be deemed to apply to the purchase or the sale by junk dealers 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. (Prior code º 7-238)
5.68.140 Doing business with minors prohibited.
No permittee engaging in managing, conducting or carrying on the business of junk dealer, junk collector, secondhand dealer or pawnbroker or the permittee's agent or employee shall receive, buy, trade, exchange, or otherwise acquire an interest in any goods or thing, from any person under the age of eighteen years. Any statement made to such permittee, employee or agent by a person under the age of eighteen years to the effect that he or she is over the age of eighteen years shall not excuse such permittee, employee or agent from any violation of this provision. (Prior code º 7-238.1)
5.68.150 True name, age and address.
No person who sells or otherwise disposes of goods, wares or merchandise to a permittee conducting a business listed in this chapter, or to such permittee's agent or employee shall fail or refuse to give his or her true name, correct age and correct address. (Prior code º 7-238.2)