Brisbane Municipal Code Ch. 5.56 Pawnbrokers

For the purposes of this chapter, the following words shall be defined as follows:

A. "Furniture and household goods" means and includes beds, bedding, tables, desks, chairs, stoves, floor coverings, crockery, glassware, kitchen and cooking utensils.

B. "Pawnbroker" means any person, firm, corporation, copartnership or association who or which loans money on the delivery or deposit of personal property as security for the repayment of the loan; provided, however, that any bank or other institution authorized to conduct its business under the banking laws of the United States, or the state, that loans money on stocks, bond securities or other contracts, shall not be deemed to be a pawnbroker.

(Ord. 185 §§ 1(A). 5, 1973).

It shall be a misdemeanor for any person, for himself or any other person, firm or corporation, to operate a pawnshop without first having obtained a license to operate same within the city.

(Ord. 185 § 7, 1973).

Every person desiring a license required in Section 5.56.020 shall make written application therefor to the chief of police in a form designated by him. Upon receipt of a verified application, the chief of police shall conduct investigations as he may deem necessary and proper as to the character and morals of the applicant and persons financially interested in the business. The chief of police shall then transfer the application to the city council, together with his recommendation as to whether or not it should be granted. The city council shall consider the application and shall approve or deny same within thirty (30) days after the receipt thereof and shall return the application to the chief of police. All licenses shall expire on the last day of the calendar year in which issued.

(Ord. 185 § 8, 1973).

All pawnbrokers and pawnbroker establishments shall be subject to the annual approval of the chief of police or his agent upon the expiration date of the license and prior to the renewal of the license. The decision of the chief of police regarding renewal of the license may be appealed in writing to the city council within ten (10) days of the determination by the chief of police.

(Ord. 185 § 9, 1973).

All pawnbrokers and pawnbroker establishments shall obey all federal, state and municipal ordinances and laws pertaining to the businesses. In the event of violation of any of said laws or regulations or for other good cause, the chief of police may order the business closed and the city council shall have a hearing within fifteen (15) days thereafter to consider cancellation and revocation of the license. In the event the license issued under this chapter is revoked and cancelled by the city council, any fees paid to the city by the licensee shall be forfeited.

(Ord. 185 § 10, 1973).

No license issued under this chapter shall be transferable from one person to another or from one establishment to another.

(Ord. 185 § 11, 1973).

All persons, firms, corporations, copartnerships and associations shall transact business of pawnbrokering therein between the hours of nine (9:00) a.m. and seven (7:00) p.m., Monday through Saturday, except on Friday when the closing hour shall be eight (8:00) p.m., and no person, firm, corporation, copartnership or association engaged in the business of pawnbroking shall keep open his place of business or transact business therein on Sundays or legal holidays.

(Ord. 185 § 1(B), 1973).

Pawnbrokers are required to keep records of purchases and sales. Every person, firm or corporation engaged in pawnbrokering shall keep a record of all such articles sold or purchased (including the signature of the person selling the same), which shall at all times during business hours be open to the inspection of the chief of police, or his agent. Such person, firm or corporation engaged in pawnbrokering shall at least once a day make and deliver to the chief of police on a form for that purpose, a full, true and complete report of all dealings in secondhand goods, wares, merchandise, or articles of any description, by such person, firm, or corporation within the city, during the twenty-four (24) hours preceding the report, to either with the time (meaning the hour of the day) when purchased or sold or otherwise dealt in or with, and a description of the person or persons from whom bought or to whom sold, or with whom dealt, and also the true name as nearly as the same is known to the person making such report; said shall be printed in the English language, in a clear, legible manner.

(Ord. 185 § 2, 1973).

The pawnbroker shall print blanks as may be needed for the purpose of conducting his business in compliance with the police department of the city. The cost of the blank shall be borne by the pawnbroker and shall be in compliance with the form California Identification and Investigation requires, and shall thereafter, from time to time, cause such additional blanks to be printed as may be required, which blanks shall be so printed and subdivided that they shall have space for writing in the following manner:

A. Description of the article purchased, description of the article sold, description of the article otherwise dealt with;

B. Name and residence of persons, firm or corporations from whom purchased, name and place of residence of persons, firm or corporation to whom sold, name and place of residence of person, firm or corporation with whom otherwise dealt, showing true name as nearly as known, age, date of birth, place of birth, sex, complexion, color of hair, color of mustache or beard, if worn, color of eyes, style of dress, height, weight, and the type of identification used to establish required identity with the identification number, or numbers, of identification used, also, the time when the articles were purchased, sold, or otherwise dealt with.

C. Said blanks shall also bear a caption providing blank spaces in which to fill in dates of the report, the name and place of residence of the person making the sale, and the hour of day when made.

(Ord. 185 § 3, 1973).

Any person buying or receiving in pledge, or otherwise, any secondhand goods, wares, merchandise, or articles of any description, other than furniture and household goods, shall not in any way dispose of the same, but keep it on the premises for thirty (30) calendar days for the inspection of the chief of police or his agent except in cases of conditional transactions when the true owner shall have redeemed, repurchased or recovered the articles.

(Ord. 185 § 4, 1973).

Upon the notification and direction of the chief of police or his agent, the pawnbroker or dealer of secondhand goods shall release any contraband or stolen property to the chief of police or his agent.

(Ord. 185 § 6, 1973).