Camarillo Municipal Code Ch. 5.24 Secondhand, Antique Dealers, Resalers and Pawnshop Permits

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Pawnbroker" means any person who conducts or manages the business of loaning money upon personal property, pawns or pledges or who conducts or manages the business of purchasing articles of personal property or reselling or agreeing to resell such articles to the vendor or his or her assignee at prices agreed upon at or before the time of purchase.

"Secondhand dealer," "antique dealer" or "resaler" means any person who buys, sells or deals in secondhand goods, wares, or merchandise, other than motor vehicles, including jewelry, clothing and precious and semiprecious stones and metals. A person who accepts secondhand goods, wares or merchandise in part payment coincidentally with the sale by him/her of new goods, wares or merchandise in the regular course of his or her business shall not, with respect to such goods, wares and merchandise so acquired, be deemed to be a secondhand dealer.

(Ord. 802 § 1 (part), 1994.)

The provisions of this chapter shall not apply to any person conducting any activity regulated hereunder when such activity is being carried on for, or on behalf of, and for the exclusive benefit of any community chest, fund, foundation or corporation organized and operated for a religious or charitable purpose, and not conducted for profit where no part of the gross receipts or net earnings of such activity, whether in the form of a percentage thereof, or salary or otherwise inures to the benefit of any private shareholder or person participating in the organization and which are exempted from the payment of the bank and corporation tax by Section 23701(d) of the Revenue and Taxation Code of the state of California.

(Ord. 802 § 1 (part), 1994.)

No person may engage in the following businesses without first obtaining a permit:

A. Pawnbroker;

B. Secondhand dealer;

C. Antique dealers; and

D. Resaler.

(Ord. 802 § 1 (part), 1994.)

Any person desiring to obtain a permit under this chapter shall make a written application to the director which shall contain the following information:

A. The name, residence address and personal description of the applicant;

B. The nature of the business for which a permit is requested;

C. The address of the place where the business is to be conducted;

D. The name under which the business is to be conducted;

E. The names and addresses of all persons having an interest in the business;

F. A statement that none of the individuals listed in subsections A and C of this section have been convicted of any of the crimes listed in Section 5.24.040; and

G. Evidence of the identity of the applicant as may be required by the director, including fingerprints and thumbprints.

(Ord. 802 § 1 (part), 1994.)

A. The director shall cause an investigation to be conducted by the appropriate departments within the city and a state and local background check as set forth in Section 5.08.040.

B. If the director finds that the application complies with all the requirements of this chapter, he/she shall approve the application.

C. The permit shall be denied if the applicant has been convicted of any of the following crimes: Penal Code Section 485 (theft of lost property); Penal Code Section 496 (receiving stolen goods); Penal Code Section 487 (grand theft); and Penal Code Section 495 (burglary).

(Ord. 802 § 1 (part), 1994.)

Any permit issued pursuant to this chapter shall remain in effect, unless revoked, so long as there is a valid business tax certificate in effect for the business.

(Ord. 802 § 1 (part), 1994.)

If any permit required by the provisions of this chapter is revoked after issuance, no new permit may be granted to such permittee to carry on or conduct such business within nine months from the date of revocation.

(Ord. 802 § 1 (part), 1994.)

If any person shall engage in more than one of the businesses regulated by the provisions of this chapter, such person shall be deemed to be engaged in each such business separate and apart from the other such business. Such person shall comply in all respects with the provisions of this chapter relating to each such business.

(Ord. 802 § 1 (part), 1994.)

If any person shall engage in the business of secondhand dealer, antique dealer, pawnbroker, resaler or any such businesses at more than one location within the city, such person shall be deemed to be engaged in a separate and distinct business at each location and shall comply in all respects with the provisions of this chapter relating to the business carried on at each separate location.

(Ord. 802 § 1 (part), 1994.)

On each day before two p.m. every pawnbroker, secondhand dealer, resaler and antique dealer shall make and deliver to the police department of the city a full, true and complete report of all goods, wares and merchandise purchased or received during the preceding day. The report shall contain such other information as the police commander may require to carry out the intent of this chapter. The blank forms for such reports shall be supplied by the office of the police commander.

(Ord. 802 § 1 (part), 1994.)

The police commander shall maintain a file of all the reports of purchases and receipts. The files shall be open to inspection by any peace officer or law enforcement officer within the county or to other persons upon an order of a court of competent jurisdiction. All such reports shall be retained by the police commander for a period of three years from the date the same are filed.

(Ord. 802 § 1 (part), 1994.)

Every pawnbroker, secondhand dealer, resaler and antique dealer shall keep a complete record of all goods, wares, merchandise or things purchased or received by him/her, which record shall contain all the matters required by him/her to be shown in the reports described in Section 5.24.090 of this chapter.

(Ord. 802 § 1 (part), 1994.)

The records required by the provisions of Section 5.24.110 of this chapter and all goods, wares and merchandise purchased or received by any pawnbroker, secondhand dealer, resaler and antique dealer shall be open for inspection at all times during business hours to any peace officer or law enforcement officer within the county.

(Ord. 802 § 1 (part), 1994.)

A. Required. A pawnbroker, secondhand dealer, resaler or antique dealer may not sell or dispose of any article or thing within seventy-two hours after such article or thing has been purchased or acquired other than to a person holding a permit pursuant to the provisions of this chapter.

B. Exception. The provisions of subsection A of this section shall not apply to the disposition or sale of an article by a person who receives or purchases such article from a permittee who has made the required report to the police commander and who has held the article for the length of time provided in subsection A of this section.

(Ord. 802 § 1 (part), 1994.)

Every person required to hold a permit pursuant to the provisions of this chapter shall retain all metals purchased by him/her in a separate place designated for that purpose. The entire purchase of each day shall be kept in such designated separate place. Each day's purchase shall be kept in its original condition for a period of seventy-two hours after purchase or receipt.

(Ord. 802 § 1 (part), 1994.)

It is unlawful for any person engaged in the business of pawnbroker, secondhand dealer, resaler or antique dealer, or for any agent or employee of any such person, to accept, 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 ten p.m. and six a.m.

(Ord. 802 § 1 (part), 1994.)

Every pawnbroker, secondhand dealer, resaler and antique dealer, shall maintain on his premises a sign printed in the English language. Such sign shall be of a size sufficient to be read from the street in front of the place of business and shall state that such person is a pawnbroker, secondhand dealer, resaler or antique dealer. Where the business is conducted in an office building, the sign shall be placed at the door to the office. Where the business is conducted in a portion of any building, a sign shall be placed at such location within the building.

(Ord. 802 § 1 (part), 1994.)

Revocation of a permit shall be governed by Section 5.08.050.

(Ord. 802 § 1 (part), 1994.)

Appeals from any decision of the director shall be governed by Section 5.08.060.

(Ord. 802 § 1 (part), 1994.)

This chapter shall not be construed to apply to any person whose activities are regulated by state law as set forth in Division 8, Chapter 9, Article IV (Sections 21625 et seq.) of the Business and Professions Code.

(Ord. 802 § 1 (part), 1994.)