Citrus Heights Municipal Code Art. II Pawnbrokers, Junk and Secondhand Dealers

(a) Pawnbrokers, secondhand dealers and junk dealers and collectors constitute prime vehicles for the disposal and sale of stolen property within this city. The purposes of this article are to regulate the activities of such enterprises for the purpose of facilitating law enforcement's apprehension of criminals and recovery of stolen property and to curtail the trafficking of stolen property.

(b) This article is enacted pursuant to Business and Professions Code § 21638. This article shall not be construed to require any act or omission which is expressly prohibited or prohibit any act or omission which is expressly required by Business and Professions Code §§ 21625—21647.

(Ord. No. 97-01, § 2(4.30.000), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Junk collector means a person not having a fixed place of business in the city, who goes from house to house or from place to place, gathering, collecting, buying, selling, or otherwise dealing in any old rags, sacks, bottles, cans, papers, metal or other articles commonly known as junk.

Junk dealer means a person having a fixed place of business in the city, and engaged in conducting, managing or carrying on the business of buying, selling or otherwise dealing in, either at wholesale or retail, any old rags, sacks, bottles, cans, papers, metal, or other articles commonly known as junk.

Pawnbroker means a person engaged in conducting, managing or carrying on the business of:

(1) Pawnbroking;

(2) Lending money for himself or herself or any other person upon personal property, pawns or pledges; or

(3) Purchasing articles from the vendors or their assignees at prices agreed upon at or before the time of such purchase.

Pawnshop means any room, store, building or other place in which any such business is engaged in, carried on or conducted.

Secondhand dealer means and includes any person whose business includes buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand tangible personal property. The term "secondhand dealer" does not include:

(1) A "coin dealer," as defined in Business and Professions Code § 21626(b) or participants at gun shows or events, as defined in 27 CFR 178.100, or its successor, who are not required to be licensed pursuant to Penal Code § 12071, who are acting in compliance with the requirements of Penal Code §§ 12070 and 12072(d), and who are not a "gun show trader," as described in Penal Code § 12070(b)(5).

(2) Either of the following:

a. Any person who performs the services of an auctioneer for a fee or salary; or

b. Any person whose business is limited to the reconditioning and selling of major household appliances, provided all the following conditions are met:

1. The person does not trade, take in pawn, accept for dropoff, accept as a trade-in, accept for sale on consignment, accept for auction, auction, or buy, except in bulk, the appliances.

2. The person does not perform repair services for owners of appliances unless the appliance was purchased from the person.

3. The person has never been convicted of the crime of attempting to receive or receiving stolen property or any other theft-related crime.

(Ord. No. 97-01, § 2(4.30.010), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Cross reference— Definitions generally, § 1-2.

(a) It is unlawful for any person to operate or conduct the business of pawnbroker, secondhand dealer, junk dealer or junk collector, unless under and by authority of a valid, unexpired and unrevoked special business license issued pursuant to chapter 22, article II, division 3, and this article.

(b) Notwithstanding the grounds for denial established in chapter 22, the chief of police shall deny or revoke a special business license for the business of pawnbroker, secondhand dealer, junk collector or junk dealer if the applicant, or a person with ownership interest in the business has been convicted of an attempt to receive stolen property or any other offense involving stolen property, pursuant to Business and Professions Code § 21641.

(c) The chief of police shall deny or revoke a special business license for the business of pawnbroker, secondhand dealer, junk collector or junk dealer if the applicant, or a person with ownership interest in the business fails to comply with the Department of Justice requirements, including, but not limited to:

(1) Paying the required secondhand dealer and pawnbroker licensing fees for the processing of the initial and renewal applications.

(2) Utilizing the Department of Justice uniform electronic reporting system to enter into its computerized database all secondhand tangible personal property which he or she has purchased, taken in trade, taken in pawn, accepted for consignment, or accepted for auctioneering, or has otherwise received or purchased under Business and Professions Code § 21628, as may be amended from time to time.

(3) Does not comply with required reporting timelines set by the Business and Professions Code or department of justice regulations.

(Ord. No. 97-01, § 2(4.30.005), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 2008-09, § 6, 5-8-2008; Ord. No. 2015-002, § 1, 3-12-2015)

Every person issued a special business license under this article, and conducting, managing or carrying on a business or occupation at a fixed place of business, shall keep such license posted and exhibited while in force in some conspicuous part of the place of business. Every person having such license and not having a fixed place of business shall carry such license with him or her at all times while carrying on the business or occupation for which the license was granted. Every person having a license under this article shall produce and exhibit the license when applying for a renewal thereof and whenever requested to do so by any officer authorized to issue, inspect or collect licenses.

(Ord. No. 97-01, § 2(4.30.015), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Pawnbrokers and secondhand dealers shall comply with Business and Professions Code §§ 21628, 21630, 21633 and 21638 with regard to requirements for holding, reporting and identification respecting tangible personal property, as defined in Business and Professions Code § 21627(b), acquired in the ordinary course of business.

Every junk dealer and junk collector shall, on each Saturday or sooner, before the hour of 10:00 a.m., prepare and mail to the chief of police, on a blank form to be obtained by such junk dealer or junk collector from the office of the chief of police for that purpose, a full, true and complete report of all whole machinery or equipment, or such other property as the chief of police may designate, received or purchased during the week preceding the filing of such report.

(Ord. No. 97-01, § 2(4.30.020), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Reports required by section 70-31 shall show the hour of the date when such article was received on deposit, pledged or purchased and the true name and address, as nearly as is known to or can be ascertained by such junk dealer or junk collector, of the person by whom such article was left on deposit, pledged or sold, together with a description of such person. The description to be given of every such person shall show the style of dress, height, age, sex, complexion, color of mustache or beard or both, where a mustache or beard is worn; if neither a mustache nor beard is worn, such fact shall be noted. Such report shall show the number of the pawn ticket, amount loaned, quantity purchased and complete description of the article left on deposit, pledged or purchased. If any article, the report of which is required to be made, so left on deposit, pledged or purchased has engraved thereon any number, word or initial or contains any settings of any kind, the description of such article in such report shall contain such number, word or initial and shall show the kind of settings and the number of each kind. Blanks to be obtained from the office of the chief of police, as provided in this article, shall bear a caption providing blank spaces in which shall be written or printed the date of the report, the name and place of business of the person making the report, and the hour of the day when the report is received at the office of the chief of police. The blanks shall be so printed and subdivided as to contain spaces with the proper captions for the furnishing of the information required by this article.

(Ord. No. 97-01, § 2(4.30.025), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

(a) Every junk dealer and junk collector shall keep a record of all goods, wares, merchandise or things purchased or received by him or her that are sold or otherwise disposed of, which record shall contain all the matters required to be shown in the reports referred to and described in sections 70-31 and 70-32.

(b) Every such record and all goods, wares, merchandise and things pledged to or pledged or received by any such junk dealer or junk collector shall be immediately produced for inspection by any officer required to inspect such records or personal property in the performance of his or her official duties.

(Ord. No. 97-01, § 2(4.30.030), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Every report and record required by this article to be filed or kept shall be written or printed entirely in the English language, in a clear and legible manner.

(Ord. No. 97-01, § 2(4.30.040), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

It is unlawful for any junk dealer to sell or otherwise dispose of any article or thing, the report of which is required to be made under sections 70-31 and 70-32, within one week after making a report to the chief of police as required in section 70-31. This section shall not apply to motor vehicles duly and regularly cleared for transfer by the state department of motor vehicles.

(Ord. No. 97-01, § 2(4.30.045), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

No junk dealer or junk collector shall receive any personal property by way of pledge or pawn, nor shall the business of junk dealer and the business of pawnbroker be conducted upon the same premises.

(Ord. No. 97-01, § 2(4.30.050), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

It is unlawful for any junk dealer or junk collector to receive or purchase any property, article or thing from any person who shall appear to be, or who is known to be, intoxicated or from any minor, unless the minor presents the written consent of his or her parent or guardian, duly signed, authorizing the particular transaction, which written consent must be kept and exhibited, upon demand, by any officer requesting the consent in the performance of his or her official duties. In any criminal prosecution or proceeding for the suspension or revocation of any license for a violation of this section, proof that the defendant licensee, or his or her agent or employee, demanded and was shown, before receiving or purchasing any property, article or thing, a motor vehicle operator's license or a registration certificate issued under the federal Selective Service Act or other bona fide documentary evidence of majority and identity of the person is a defense to the prosecution or proceeding for the suspension or revocation of any license.

(Ord. No. 97-01, § 2(4.30.055), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Sections 70-31—70-35 shall not apply to the receipt of or sale of secondhand personal property which has been received as part payment for a new article if the person receiving or selling the secondhand personal property is the authorized dealer or agent of the manufacturer of the new article sold.

(Ord. No. 97-01, § 2(4.30.060), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

It is unlawful for any person engaged in, conducting, managing or carrying on the business of pawnbroker, secondhand dealer, junk dealer or junk collector, or for any agent, or employee of any such person, to accept any pledge or to loan any money upon personal property or to receive or purchase any goods, wares or merchandise or any article or thing between 12:00 midnight on Saturday and 7:00 a.m. the following Monday, or between 7:00 p.m. of any day other than Saturday and Sunday and 7:00 a.m. the following day.

(Ord. No. 97-01, § 2(4.30.065), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

(a) If any business or establishment required by section 70-28 to possess a special business license is located in whole or in part in any yard, enclosure, lot, or open area, such premises as are open to public view shall be completely surrounded and enclosed by a wall, fence or barrier constructed of wood or other solid, impervious material and so constructed as to be a continuous barrier, except for necessary openings, sufficient to prevent the ingress or egress of rats, mice, or other rodents so far as is possible. Should any part of such yard, enclosure, lot or open area abut upon any earthen embankment, the height of which shall not be less than the minimum height of the wall, fence or barrier provided for in this section, such part so abutting upon the earthen embankment need not be enclosed by the wall, fence or barrier. The wall, fence or barrier shall be continuously kept and maintained in the condition required by this section. The wall, fence or barrier shall extend above the ground for at least six feet. Any and all necessary openings in such fence, wall or barrier shall be provided with suitable gates or doors. No such openings shall in any single instance be greater than is reasonably necessary. Such gate or door shall be kept closed at all times except during the normal business hours of the business or establishment.

(b) It is unlawful for any person to permit any such business or establishment referred to and described in this article to be established, conducted, carried on or maintained unless the premises shall have been rendered rodentproof as far as reasonably possible and continuously maintained in such condition. Each day's violation of the requirements declared and established by this section shall be and constitute a separate and distinct violation and offense.

(Ord. No. 97-01, § 2(4.30.070), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

If any business or establishment required by section 70-28 to possess a special business license is located in whole or in part in a yard, enclosure, lot or open area, such premises and area shall, so far as reasonably possible, be kept clean and free from rubbish and similar loose material that might serve as a harborage for rats, mice or other rodents and all loose metal, or parts or accessories of automobiles. All other material kept, stored or accumulated in such place shall, so far as reasonably possible, be neatly and carefully piled in such manner as to minimize and prevent as far as possible the harborage of rodents and shall be suitably protected from water and the elements so that there can be, so far as is practicable, no accumulation of water in any article or thing stored on the premises.

(Ord. No. 97-01, § 2(4.30.075), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

If any person shall engage in, conduct, manage or carry on, at the same time, more than one of the businesses defined by section 70-27, such person shall be deemed to be engaging in, conducting, managing and carrying on each such business separately and apart from the other such business. Such person shall comply in all respects with the sections of this article relating to each such business, and it is unlawful for any such person to fail, refuse or neglect to do so.

(Ord. No. 97-01, § 2(4.30.080), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Every junk dealer shall furnish to the city a bond in the principal amount of $5,000.00 guaranteeing faithful performance by the junk dealer of the terms and conditions of this article.

(Ord. No. 97-01, § 2(4.30.085), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Every pawnbroker, secondhand dealer, junk dealer and junk collector shall immediately notify the chief of police by telephone when any property is offered to him or her for pledge or for sale under such circumstances that the pawnbroker, secondhand dealer, junk dealer or junk collector knows or should have known the property so offered for pledge or sale to have been stolen.

(Ord. No. 97-01, § 2(4.30.090), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)