Chapter 5.10 — PAWNBROKERS AND SECONDHAND DEALERS

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

(1)

Pawnbroker. A "pawnbroker" includes every person engaged in the business of receiving goods in pledge as security for a loan.

(2)

Secondhand Dealer. (a) A "secondhand dealer," as used in this chapter, means and includes any person, copartnership, firm, or corporation whose principal business is primarily that of engaging in buying, selling, trading, taking in pawn, accepting for sale on consignment accepting for auctioning or auctioning secondhand tangible personal property.

(b)

"Secondhand dealer" also includes any person who engages in the business of buying or selling secondhand tangible personal property in excess of twenty percent of the gross sales and purchases of goods or merchandise sold or purchased in the regular course of business.

(Ord. 1619 § 1(part), 1986: Ord. 1007 § 1(part), 1976).

Every pawnbroker and secondhand dealer conducting such business in the city shall keep at the store or place of business a well-bound book, containing a record in which shall be legibly entered in the English language, in ink, at the time of every purchase, sale, exchange, pledge, pawn, or other transfer of possession of any article or loan thereon, a description of such article received or delivered in such

transaction sufficient to identify the same, including all particular or prominent marks of identification that may be found on such property, the signature, age, sex, residence, and accurate descriptions of the vendor or person from whom purchased or received, or with whom dealt, the license number and description of any vehicle which the person from whom purchased or received was riding in, upon, or driving, as near as the same is known or can be ascertained by the person making such report, and the amount of money paid or received in such transaction, the rate of interest, if any, and the date and hour of the transaction.

(Ord. 1007 § 1(part), 1976).

Every secondhand dealer described in Section 5.10.010 shall report daily, or on the first working day after receipt or purchase of such property, on forms either approved or provided at actual cost by the department of justice, all tangible personal property which he or she has purchased, taken in trade, taken in pawn, accepted for sale on consignment, or accepted for auctioning, to the chief of police or to the sheriff, in accordance with the provisions of Section 5.10.040. The report shall include, but not be limited to, the following information:

(a)

The name and address of the intended seller of the property;

(b)

A complete and reasonably accurate description of such property, including serial numbers or other identifying marks or symbols;

(c)

A certificate by the intended seller that to his or her knowledge and belief the information is true and complete.

(Ord. 1619 § l(part), 1986: Ord. 1007 § 1(part), 1976).

Every secondhand dealer shall report daily or on the first working day after receipt or purchase, all descriptions of all property received in pledge or purchased as tangible personal property as defined in Section 21627 of the Business and Professions Code, in whatever quantity received, including property purchased as tangible personal property at wholesale, tangible personal property taken in for sale or possessed on consignment for sale, and tangible personal property taken in trade.

The report shall be submitted to the police chief executive of the city or his or her designee, at the place the police chief executive or his or her designee designates for the submission of these reports.

All reports shall be on forms approved or provided at actual cost by the department of justice. The police chief executive or sheriff who receives a report on a form filed pursuant to the provisions of this section shall daily submit a legible copy of the transactions to the department of justice.

(Ord. 1619 § 1(part), 1986: Ord. 1007 § 1(part), 1976).

The records of the licensee shall be at all reasonable times open to the inspection of the chief of police of the city or any of his designees. All records of transactions required to be kept and made according to the provisions of this chapter shall be kept in chronological order by the licensee.

(Ord. 1619 § 1(part), 1986: Ord. 1007 § 1(part), 1976).

No pawnbroker or secondhand dealer, or any agent or employee of such pawnbroker or secondhand dealer shall fail, refuse or neglect to file such reports as are required in this chapter in the manner, form, and at the time, and in all respects in accordance with the requirements of this chapter.

(Ord. 1619 § 1(part), 1986: Ord. 1007 § 1(part), 1976).

No pawnbroker or secondhand dealer shall fail, refuse, or neglect to exhibit to the chief of police, or to his designees, or to any officer authorized by law, immediately upon demand, any form or records, or any goods, wares, or merchandise, pledged, bought or received by such pawnbroker or secondhand dealer, or by any agent or employee of such broker or secondhand dealer.

(Ord. 1619 § 1(part), 1986: Ord. 1007 § 1(part), 1976).

Every secondhand dealer shall retain in his possession for a period of thirty days all tangible personal property reported under the provisions of Section 5.10.040. The thirty-day holding period with respect to such tangible personal property shall commence with the date the report of its acquisition was made to the chief of police or to the sheriff by the secondhand dealer. The chief of police or the sheriff may for good cause, as specified by the department of justice, authorize prior disposition of any such property described in a specific report provided, that a secondhand dealer who disposes of tangible personal property pursuant to such authorization shall report the sale thereof to the chief of police or the sheriff.

(Ord. 1619 § 1(part), 1986: Ord. 1007 § 1(part), 1976).

No person shall engage in, conduct, manage, or carry on the business of a pawnshop or a secondhand dealer between the hours of nine p.m. and eight a.m. of the following day.

(Ord. 1007 § 1(part), 1976; Ord. 1619 § 1(part), 1986; Ord. No. 2306, § 6, 4-16-2024)

Editor's note— Ord. No. 2306, § 6, adopted April 16, 2024, amended the title of § 5.10.090 to read as herein set out. The former § 5.10.090 title pertained to receiving goods, etc., from intoxicated persons.

No person licensed pursuant to this chapter shall receive any goods, articles or thing from any suspected thief, or associate of thieves, or a suspected known receiver of stolen property, or from any persons he may reasonably suspect to be included within any of foregoing categories.

(Ord. 1619 § 1(part), 1986: Ord. 1007 § 1(part), 1976).

No person licensed pursuant to this chapter, or his manager, or his employee shall take or receive any goods, articles, or thing for any person who is in an intoxicated condition.

(Ord. 1007 § 1(part), 1976; Ord. 1619 § 1(part), 1986; Ord. No. 2306, § 7, 4-16-2024)

Editor's note— Ord. No. 2306, § 7, adopted April 16, 2024, amended the title of § 5.10.110 to read as herein set out. The former § 5.10.110 title pertained to hours in which business shall be carried on.

The chief of police, the sheriff or, where appropriate, the police commission, shall accept an application for and grant a license permitting the licensee to engage in the business of secondhand dealer, as defined in Section 21626, to an applicant who has not been convicted of an attempt to receive stolen property or any other offense involving stolen property. Prior to the granting of a license, the licensing authority shall submit the application to the department of justice. If the department of justice does not comment on the application within thirty days thereafter, the licensing authority may grant the applicant a license. All forms for application and licensure, and license renewal, shall be prescribed and provided by the department of justice. A fee may be charged to the applicant as specified by the department of justice for processing the initial license application. For the purposes of this section, "convicted" means a plea or verdict of guilty or a conviction following a plea of nolo contendere.

(Ord. 1619 § 1(part), 1986: Ord. 1007 § 1(part), 1976).

An individual, partnership or corporation may be granted by the chief of police, or duly authorized agent or designee of the chief of police, a license to be both a pawnbroker and a secondhand dealer. The chief of police, or duly authorized agent or designee of the chief of police, may revoke, suspend or deny an individual to be licensed as a pawnbroker, but continue as a secondhand dealer, or revoke, suspend or deny both types of licenses.

(Ord. 1007 § 1(part), 1976; Ord. 1619 § 1(part), 1986; Ord. No. 2306, § 8, 4-16-2024)

(a)

A license granted pursuant to Section 5.10.130 shall be renewable one year from the date of issue, and annually thereafter, upon the filing of a renewal application and the payment of a license renewal fee specified by the licensing authority.

(b)

The license shall be subject to forfeiture by the licensing authority and licensee's activities as a secondhand dealer shall be subject to being enjoined pursuant to Section 5.10.130 for breach of any of the following conditions:

(1)

The business shall be carried on only in the building or buildings designated in the license.

(2)

The license, or a copy thereof certified by the licensing authority, shall be displayed on the premises where it can easily be seen.

(3)

The licensee shall not engage in the business of secondhand dealer, as defined in Section 21626 of the Business and Professions Code, with any minor.

(4)

The licensee shall not engage in any act which is in violation of this chapter.

(5)

The licensee shall not be convicted of an attempt to receive stolen property or any other offense involving stolen property. For the purposes of this paragraph "convicted" means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action which the chief of police, the sheriff or, where appropriate, the police commission, is permitted to take following establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code.

(Ord. 1619 § 1(part), 1986: Ord. 1007 § 1(part), 1976).

There shall be authorized to be issued one pawnbroker's license for every fifty thousand persons residing within the city limits. If the population exceeds fifty thousand persons, there shall be authorized one pawnbroker's license for every fifty thousand persons and one pawnbroker's license for any excess of said fifty thousand population.

(Ord. 1619 § 1(part), 1986: Ord. 1007 § 1(part), 1976).

An license issued, together with the privileges conferred thereby, to a person to engage in business as a pawnbroker shall be nontransferable. Any attempt to transfer the license shall be void.

(Ord. 1619 § 1(part), 1986: Ord. 1007 § 1(part), 1976).