Butte County Municipal Code § 11-16 Issuance

It shall be unlawful for any person to engage in the business of junk dealer, junk collector, secondhand dealer, pawnbroker or peddler in the unincorporated area of the county without first having obtained a license to engage in such activity as provided herein.

(Code 1952, § 72; Ord. No. 677, § 1)

Fees for various licenses shall be as adopted by Resolution of the Board of Supervisors as part of the Butte County Master Fee Schedule.

These fees are subject to periodic adjustment based on the United States Department of Labor, Bureau of Labor Statistics Employment Cost Index (ECI) for State and Local Government.

(Code 1952, § 73; Ord. No. 677, § 1; Ord. No. 3880, § 10, 6-22-04; Ord. No. 3940, § 21, 10-10-06; Ord. No. 3945, § 14, 11-21-06; Ord. No. 3971, § 15, 11-27-07; Ord. No. 4001, § 29, 3-24-09)

Original applications for licenses under this chapter shall be submitted on a form prescribed by and filed with the license collector. Each application shall be accompanied by a five-dollar ($5.00) application fee which shall be deposited in the county general fund and shall not be subject to refund. The application shall contain the name of the applicant, his interest in the business, his business address, his residence address, and shall be signed by the applicant. The original application shall be signed by the applicant. The original application shall be referred immediately to the sheriff and a copy thereof to the planning department.

(Code 1952, § 74; Ord. No. 677, § 1; Ord. No. 1449, § 1, 4-30-74; Ord. No. 1674, § 1, 24-76)

The sheriff shall photograph and fingerprint the applicant and make an investigation concerning the character of the applicant. He shall report within fifteen (15) days his findings, to the license collector, together with a recommendation as to whether or not the applicant should be granted a license.

(Code 1952, § 74; Ord. No. 677, § 1)

In addition to the requirements of section 11-14, the sheriff shall prepare an identification card containing the photograph of the applicant, which identification card shall be laminated in plastic. This identification card shall be submitted directly to the license collector along with the information provided for in section 11-14.

(Ord. No. 1674, § 2, 2-3-76)

Editor's note—Ord. No. 1449, § 2, adopted April 30, 1974, amended this Code by repealing former § 11-15 requiring planning commission action on applications for junk dealers', pawnbrokers' and secondhand dealers' licenses. Said former § 11-15 was derived from: Code 1952, § 74; Ord. No. 677, § 1; and Ord. No. 1160, § 1, adopted March 23, 1971.

The license collector shall not issue any license hereunder unless and until he receives the approval of the sheriff and verifies with the planning department that the proposed business may be conducted at the location stated pursuant to applicable zoning regulations and that a valid use permit, if required, is in existence for such business. Once such approval and verification have been received, the license collector shall notify the applicant of the amount of the corporate surety bond or cash deposit which shall be required prior to issuance of the license. The amount of such bond or deposit shall be as specified by resolution of the board of supervisors. The purpose of such bond or deposit is to insure that upon termination of the proposed business all junk and secondhand goods shall be removed from the premises. Upon receipt of a corporate surety bond or cash deposit in the required amount and in a form approved by county counsel and payment of the required license fee, the license collector shall issue the license applied for. Said bond shall be deposited by the license collector with the county clerk.

(Code 1952, § 75; Ord. No. 677, § 1; Ord. No. 1160, § 2, 3-23-71; Ord. No. 1449. § 3, 4-30-74)

Upon termination of a license pursuant to the provisions of this article, whether by expiration or revocation, or upon termination of business pursuant to such license, the license collector shall notify the county zoning inspector who shall inspect the site to determine whether or not it has been cleaned up by removing all junk and secondhand goods. The zoning inspector shall report his findings to the license collector. If cleanup has been accomplished, the license collector shall release the cleanup bond or deposit. If cleanup has not been accomplished, the treasurer shall report the matter to the county counsel together with his recommendation whether or not action should be taken on the bond or deposit to affect cleanup. The county counsel shall take legal action as appropriate to affect such cleanup.

(Ord. No. 1449, § 4, 4-30-74)

All licenses issued hereunder shall be effective as of the date of issuance. No license shall be issued, to expire more than one (1) year from date of issuance.

(Code 1952, § 76; Ord. No. 677, § 1)

Every junk dealer, secondhand dealer and pawnbroker shall display the license issued by the license collector in a conspicuous place on his business premises. Every junk collector and peddler shall have his license in his possession at all times while engaging in his business as a junk collector or peddler.

(Code 1952, § 77; Ord. No. 677, § 1)

The board of supervisors may suspend for a limited period of time or revoke any license issued pursuant to this article upon finding that the licensed person has violated any provision of this chapter.

(Code 1952, § 83; Ord. No. 677, § 1)

Upon the expiration of any license issued pursuant to this chapter the holder thereof shall, upon the payment of the required license fee to the tax and license collector, be entitled to a new license for the ensuing period without making a new application therefor, provided the required license fee is paid prior to the expiration of the license.

(Code 1952, § 84; Ord. No. 677, § 1)

Each license issued under the provisions of this article shall be issued to a specific person and shall in no event be transferable from one person to another.

(Code 1952, § 86; Ord. No. 677, § 1)

All licenses previously issued shall remain in full force and effect for a period of time for which they were issued; however, any person holding a license previously issued shall be bound by the provisions of this chapter, except that he shall not be required to make a new application or pay any license fee hereunder until payment of a license fee would have become due and payable under previously enacted ordinances, at which time he shall make a new application unless he complies with section 11-20.

(Code 1952, § 87; Ord. No. 677, § 1)