Coachella Municipal Code Ch. 5.52 Pawnbrokers and Secondhand Dealers

The following definitions shall apply in the interpretation and enforcement of this chapter:

"Pawnbroker" includes every person who keeps a place of business where personal property is received on which money is advanced with the right or privilege granted to the person to whom the money is advanced to reclaim such property upon the repayment of such money so advanced, together with all legal charges incident thereto. The term shall include every person, firm or corporation other than banks, saving and loan institutions, and similar organizations otherwise regulated by law which engage in or carry on the business of receiving jewelry, watches, precious stones, valuables, firearms, clothing or personal property, or any other article or articles in pledge for loans, or as security, or in pawn for the repayment of moneys, and which exact interest for such loans.

"Secondhand dealer" includes every person who engages in or conducts the business of buying, selling or exchanging, whether as a separate business or in connection with other businesses, secondhand or rebuilt typewriters, adding and calculating machines, secondhand bicycles, bicycle accessories, scales, clothing, tools, harnesses, surgical, dental or drawing instruments, firearms, table model or auto radios, musical instruments other than pianos, household appliances other than stoves, refrigerators and washing machines, or any similar secondhand article or articles or things, excepting, however, secondhand jewelry dealers, secondhand automobile dealers and junk dealers, nor shall it pertain to automobile wrecking establishments or book sales.

"Secondhand jewelry dealer" includes every person who engages in or conducts the business of buying, selling or exchanging the following used or old articles: gold, silver, platinum, or articles of platinum, silverware, secondhand jewelry, watches or other precious metals or stones. The term "secondhand jewelry dealer" includes every person engaged in such business, whether as a separate business or in connection with other businesses.

(Prior code § 13-147)

If any person shall engage in, conduct, manage or carry on at the same time more than one of the businesses defined in Section 5.52.010, such person shall be deemed to be engaged in, conducting and carrying on each such business separately and apart from the other such business, and such person shall comply in all respects with the provisions set forth in this chapter applicable to each of such businesses and no person shall fail, neglect or refuse so to do.

(Prior code § 13-148)

Before any license or licenses to engage in any of the businesses herein defined are granted, the applicant shall file with the chief of police a written application, signed by the applicant under oath, setting forth the following:

A. The exact nature of the business or businesses to be carried on;

B. The name of the applicant, together with all persons to be directly or indirectly interested in the conducting of such business or businesses should a license or licenses be granted, including all members of any firm or partnership;

C. The location of the proposed business or businesses for which the license or licenses are sought;

D. Whether or not any permit or license heretofore granted to the applicant or any members of the proposed firm or partnership has been revoked or suspended, and if so, the circumstances of such revocation or suspension; and

E. Such further information bearing on the moral character and financial responsibility of the applicant as the chief of police may require as reasonably bearing on the qualifications of an application to engage in the businesses herein named.

(Prior code § 13-149)

In addition to the foregoing information, the applicant who conducts a pawnshop or whose principal business is buying and selling secondhand articles at the time of filing his or her application for a license or licenses shall be fingerprinted by and his or her record filed in the Coachella police department. Upon receipt of the application, the chief of police shall cause an investigation to be made of the qualifications and moral character of the applicant, and if the investigation satisfies the chief of police, as a reasonable man, that the applicant has not been convicted of a felony, is financially responsible, and is of good moral character, he or she shall issue to the applicant the license or licenses for which an application has been made.

(Prior code § 13-150)

In the event that the applicant or applicants are members of a religious, charitable, public service club, or nonprofit organization conducting a periodic sale of goods, wares or merchandise as set forth in Section 5.52.010, the applicant or applicants shall comply with the provisions of Section 5.52.030; provided, however, that the applicant or applicants shall not be required to furnish all the names of all the members of the organization, but shall be required to furnish the names of the principal officers of the organization, but shall not be required to furnish fingerprints of the applicant as required in Section 5.52.040.

(Prior code § 13-151)

Every person managing, maintaining or conducting the business of pawnbroker, secondhand jewelry dealer or secondhand dealer, as defined in this chapter, in the city, shall keep or cause to be kept 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 description of the vendor or person from whom received, the amount of money paid or received in such transaction, the rate of interest, if any, and the date and hour of the transaction.

(Prior code § 13-152)

It shall be the duty of each pawnbroker, secondhand jewelry dealer or secondhand dealer to attach to each article so received a tag, or other device, containing sufficient information so that the article described and recorded in the bound book may be readily identified.

(Prior code § 13-153)

In addition to the keeping of a permanent bound record as provided in this chapter, every person engaged in any of the aforesaid businesses shall likewise be required, at the time of taking or receiving any article in the business for which he or she is so licensed, to place the description of the article or thing pledged, received or taken on a form prescribed by the state Bureau of Criminal Identification and Investigation and shall by the next working day following the transaction, prepare to deliver to the chief of police, or his or her designee, a written report of the transaction and receipt on a form prescribed by the state Bureau of Criminal Identification and Investigation.

(Ord. 891 § 27, 2003: prior code § 13-154)

The requirements of keeping a record as set forth and defined in Sections 5.52.060 and 5.52.080, and the provisions of Section 5.52.100 stated in this chapter, shall not be applicable to any person, organization, firm, business or corporation who purchases, receives, sells or exchanges books and other essential school supplies when such person, organization, firm, business or corporation is located upon the campus or grounds of any public or private school, college or university.

(Prior code § 13-155)

It is unlawful for any pawnbroker or secondhand dealer, or for any agent or employee of such pawnbroker or secondhand dealer, to fail, refuse or neglect to file a report, as required in this chapter, in the manner, form, at the time and in all respects in accordance with the requirements set forth in this chapter, or to fail, refuse or neglect to exhibit to the chief of police or to any member of the police department of the city, or to any officer authorized by law, immediately upon demand, any such record or report, or any goods, wares and merchandise, including radios for use in or upon automobiles, so purchased or received by such pawnbroker or secondhand dealer, or by any agent or employee of such pawnbroker or secondhand dealer.

(Prior code § 13-156)

All articles purchased, received or exchanged, pledged, or otherwise taken into possession by any person maintaining or operating any of the herein enumerated businesses shall be held for a period of thirty (30) days before being placed on exhibition, sold, exchanged, removed from the place of business where it was received, or delivered to any person, or otherwise disposed of; provided, however, that any such article may be delivered or returned at any time to the true owner thereof or his or her authorized agent; provided further, however, that any person whose principal business is not the buying and selling or receiving pledges of used or secondhand articles, who keeps a record of his or her vendees and articles sold, need not hold any typewriters, adding or calculating machines, musical instruments or other office equipment for more than five days pursuant to the provisions of this section; and provided further, that the provisions of this section shall not be applicable to the sale of articles of household furniture or appliances.

(Prior code § 13-157)

The requirements of Sections 5.52.060, 5.52.080 and 5.52.100 in this chapter shall not be applicable to any person whose principal business is not the buying and selling or receiving pledges of used or secondhand articles, when such person receives office equipment, scales or musical instruments from any governmental subdivision or manufacturing business or professional concern known to the secondhand dealer, which concern has used such article or articles in its business.

(Prior code § 13-158)

It is unlawful for any person licensed hereunder, or his or her manager, agent or employee, to take or receive any goods, articles or things from any person who is in an intoxicated state or condition, or from any person who is a suspected or known thief, or associate of thieves, or a suspected or known receiver of stolen property, or from any persons he or she may reasonably suspect to be contained in any of the foregoing categories.

(Prior code § 13-159)

No person engaged in, conducting, managing or carrying on any business defined in Section 5.52.010 in this chapter shall accept any pledge of or loan money upon personal property, or purchase or receive any goods, wares, merchandise or any article or thing, between nine p.m. and eight a.m. of any day from Monday to Friday, inclusive; between nine p.m. Saturday and eight a.m. of the following Monday; on any of the following holidays or the day that is officially observed as the holiday: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day.

(Prior code § 13-160)

In the event that an applicant shall violate or cause or permit to be violated any of the provisions set forth in this chapter, or shall conduct or carry on the business in an unlawful manner, or shall cause or permit such business to be so conducted or carried on, it shall be the duty of the chief of police, and the chief of police shall, in addition to the other penalties provided in this chapter revoke the license or licenses issued for conducting or carrying on such business or businesses. If the license or licenses to conduct or carry on any business specified in this chapter shall be revoked, no license or licenses shall be granted such person to conduct or carry on any business specified in this chapter within six months of the date of such revocation.

(Prior code § 13-161)

Any person who, at the time of the passage of this chapter is engaged in or conducts any business or businesses as herein defined, and who is required by the provisions set forth in this chapter to secure a license or licenses for the conduct of the business or businesses shall have to prepare and submit to the chief of police the necessary applications for the issuance of the required license or licenses and to comply with the requirements in this chapter.

(Prior code § 13-162)

It is unlawful for any person to engage in, conduct, manage or carry on the business of pawnbroker or secondhand dealer, as defined in this chapter, without having a valid, existing and unrevoked license therefor.

(Prior code § 13-163)