City of Industry Municipal Code Ch. 5.12 Pawnbrokers

"Pawnbroker"

means any person engaged in any one or more of the following businesses:

A.

Pawnbroking;

B.

Lending money for himself or herself or any other person upon personal property, pawns or pledges, in the possession of the lender;

C.

Purchasing articles of personal property and reselling or agreeing to resell such articles to the vendors or assignees at prices agreed upon at or before the time of such purchase.

(Ord. 291 § 1, 1968)

A "pawnshop"

is any room, store, building, or other place in which the business of pawnbroker is engaged in, carried on, or conducted.

(Ord. 291 § 2, 1968)

A. Every pawnbroker shall first procure a permit and pay an annual fee of:

1. One thousand dollars for the first year;

2. Five hundred dollars for each annual renewal.

B. Each permit shall be issued by the city council after conducting a public hearing thereon; at least five days written notice of said hearing shall be given to the applicant and notice of said hearing shall be posted for at least five days prior to said hearing at a conspicuous place on the property where the proposed pawnshop is to be located.

C. Applicant shall furnish the city clerk, in connection with any application, such information as the city clerk requires in order to process the application.

(Ord. 291 § 3, 1968)

Any permit issued under the terms of this chapter may be revoked or suspended at any time by the council if the council becomes satisfied that after a hearing, notice of which has first been given to the permittee:

A. The conduct of the establishment does not or will not comport with the public welfare for any reason; or

B. The same has been operated in an illegal, improper or disorderly manner; or

C. The proprietor or person or persons in charge thereof have violated or permitted any infraction of any law of the state or any ordinance of the city.

(Ord. 291 § 4, 1968)

A pawnbroker shall not, and an agent or employee of a pawnbroker shall not accept any pledge, or loan any money on personal property, or purchase or receive any goods, or merchandise, or any article or thing whatsoever, or in any manner whatsoever engage in or conduct the business of pawnbroker between seven p.m. of any day and seven a.m. of the following day.

(Ord. 291 § 5, 1968)

The term "buy-form"

mentioned in this chapter means the form or forms furnished by the sheriff to the licensee for the purpose of recording and furnishing by the licensee to the sheriff the required information relative to purchases, pledges, or consignments.

(Ord. 291 § 6, 1968)

Every licensee under this chapter shall at the close of each business day mail to the sheriff the buy-form or buy-forms made out during that day. Such buy-forms shall contain a full, true and complete report of all goods, wares, merchandise, or other things received on deposit, pledged or purchased during that day, except household furniture, used tires, or used batteries, which household furniture, used tires or used batteries were taken in part payment for new tires or new batteries, and except merchandise originally sold new by the licensee and subsequently taken as a trade-in on other merchandise sold by the same licensee, and shall also contain other information required by the sheriff which, considering the type of business of the licensee, may assist in the detection of stolen property.

(Ord. 291 § 7, 1968)

Every licensee under this chapter shall enter upon the buy-form positive identification furnished by the seller, pledgemaker, or consignee, such as driver's license number, work badge number, auto or truck license number, salvage collector's business license number, in addition to the individual's true name and address. In addition to the positive identification mentioned above, the licensee shall require the seller, pledgemaker, or consignee to furnish a plain impression print of his or her right index finger, or next finger in the event of amputation, upon the face side of the original sheet of the buy-form.

(Ord. 291 § 8, 1968)

Every person who sells, pledges, or consigns any property to any licensee in the course of business covered by such license, except household furniture, used tires, or used batteries, taken in part payment for new tires or new batteries, and except merchandise originally sold new by the licensee and subsequently taken as a trade-in on other merchandise sold by the same licensee, shall furnish true, positive identification to the licensee by which such person can be located by the sheriff.

(Ord. 291 § 9, 1968)

Every licensee shall preserve for a period of two years a copy of the buy-form provided for that purpose, containing a carbon copy record thereon of the original writing made by the licensee, agent or employee, the original of which has been furnished to the sheriff. Every such record and property pledged, purchased, or received by such licensee shall be produced for inspection to any peace officer.

(Ord. 291 § 10, 1968)

The sheriff shall maintain a file of all reports received pursuant to the terms of this chapter for a period of two years and such reports shall be open to inspection by any peace officer.

(Ord. 291 § 11, 1968)

A person, other than a used car dealer, shall not melt, destroy, sell or otherwise dispose of any article, goods, wares, merchandise, or thing obtained or used in any business for the conduct of which a license is required by this chapter until fourteen days after making a report to the sheriff as required by Section 5.12.070 that such article, goods, wares, merchandise or thing has been purchased or received by such person, firm or corporation.

(Ord. 291 § 12, 1968)

A foundry or salvage dealer shall not melt, destroy, sell, or otherwise dispose of any metal purchased or received by it which is, or by economically feasible repair can be made usable for the purpose for which it was originally designed until twenty-one days after making a report to the sheriff as required by Section 5.12.070 that such metal has been received by the foundry or salvage dealer.

(Ord. 291 § 13, 1968)

Until any article, goods, wares, merchandise or thing pledged to or purchased by any licensee under this chapter are held for the time required by this chapter or released by the sheriff, such licensee shall not clean, alter, repair, paint, or otherwise change the appearance of such articles, goods, wares, merchandise or things. At all times during business hours, he or she shall expose the same to public view.

(Ord. 291 § 14, 1968)

The sheriff may release any property covered by this chapter which he or she inspects, if after such inspection he or she is satisfied that such property is in the lawful possession of the licensee.

(Ord. 291 § 15, 1968)

The sheriff may place a hold order upon any property acquired by the licensee in the course of his or her business for a period of ninety days, and upon release of such property may require the licensee to keep a true record of such property and include therewith the true name and address of the person to whom such property was sold, or any other method of disposition.

(Ord. 291 § 16, 1968)

A licensee under this chapter shall not export from this county any goods, wares, merchandise or things pledged to or received by such license in his or her capacity as licensee until the sheriff has inspected and released such property.

(Ord. 291 § 17, 1968)

The waiting period mentioned in-Section 5.12.130 and the making of buy-forms mentioned in Section 5.12.070 does not apply to property purchased from a licensee holding a similar county license, if in the sale of such property such licensee has complied with all the provisions of this chapter. This section does not apply to purchases made by salvage dealers from salvage collectors. A salvage collector's license is not similar to a salvage dealer's license.

(Ord. 291 § 18, 1968)

The provisions contained in Sections 5.12.100 and 5.12.130 shall not be deemed to apply to the purchase or the sale by salvage dealers or salvage collectors of rags, bottles (other than milk or cream bottles), secondhand sacks (other than cement sacks), barrels, cans, shoes, lamps, stoves, or household furniture (with the exception of sewing machines and musical instruments), or the purchase or sale by secondhand dealers of household furniture, with the exception of sewing machines, all musical instruments and typewriters.

(Ord. 291 § 19, 1968)

The waiving period required by Section 5.12.130 does not apply to property purchased on a bill of sale or invoice from a regularly established place of business. As used in this section, an established place of business means a place of business which has been dealing in the type of articles purchased at the same location for not less than two years.

(Ord. 29 § 20 1968)

A copy of this chapter shall be furnished each new licensee upon the first delivery of the buy-form by the sheriff, and the licensee must be furnished with all subsequent amendments that affect the type of business of the licensee. Additional copies of this chapter and amendments may be procured from the office of the board by the licensee upon demand.

(Ord. 291 § 21, 1968)