Colton Municipal Code Ch. 5.20 Junk and Secondhand Dealers—pawnbrokers—loan Offices

The terms "Junk Dealer," "Junk Collector," "Secondhand Dealer" and "Pawnbroker," as Used in this chapter, Shall have the same meanings and definitions as prescribed in the California Business and Professions Code, Section 21600 et seq. and California Financial Code, Section 21000 et seq. No license to conduct, manage, or carry on the Business of Junk Dealer, junk Collector, Secondhand Dealer or pawnbroker within the City Shall be issued to any Person, firm, or corporation until a Permit in writing is granted by the Chief of Police, as provided in Section 5.20.020.

(Ord. 0-12-01 § 1, 2001)

A. Any Person, firm or corporation desiring to manage, conduct or carry on the Business of a Junk Dealer, junk Collector, Secondhand Dealer or Pawnbroker at any place within the City Shall first make Application to the Chief of Police for a Permit to do so. The Application Shall state the name of the Person or Persons desiring to conduct, manage or carry on such Business and the place where the same is to be located.

B. A nonrefundable Fee, in an amount determined by Resolution of the City Council, Shall be paid upon submittal of a Permit Application or renewal Application. The Application Fee is for the purpose of defraying the expense Incidental to the processing of said Application.

C. Any Applicant aggrieved by a Decision of the Chief of Police with reference to the issuance, conditional issuance, denial, nonrenewal, suspension or revocation of a Permit pursuant to this section May Appeal the Matter to the Mayor and City Council in accordance with the Following provisions:

1. Within ten calendar Days after Written Notice is provided, the Applicant May demand a hearing before the Mayor and City Council as to why the Application should or should not be denied, renewed, issued with conditions, suspended or revoked.

2. Such Appeal Shall be presented in writing to the City Clerk along with a statement of the reasons for the Appeal. Upon receipt of the Written Appeal, the City Clerk Shall schedule the Matter before the City Council. such Appeal Shall be heard by the City Council within thirty Days of the receipt of the Written Appeal by the City Clerk.

3. At the time set for such hearing, the Mayor and City Council Shall hear the Applicant for the Permit, who May present any facts to show why such Permit should or should not be denied, renewed, issued with conditions, suspended or revoked, and Shall hear from other Persons who May attend the hearing and present reasons why the Permit should or should not be denied, renewed issued with conditions, suspended or revoked.

4. At the close of the Public Hearing, the Mayor and City Council Shall determine from the facts produced at the hearing, and from any other facts presented, whether or not the Permit should be denied, renewed, issued with conditions, suspended or revoked, and Shall adopt a Written Resolution accordingly.

5. The City Clerk Shall serve Written Notice of the action of the Mayor and City Council to the Applicant within ten calendar Days of such Decision.

(Ord. 0-13-01 § 2, 2001)

Any Person violating Sections 5.20.010 and 5.20.020 is guilty of a misdemeanor and upon conviction thereof, Shall be punished by a fine of not more than three hundred dollars, or by imprisonment for a period not exceeding ninety Days, or both such fine and imprisonment.

(Ord. 610 § 3, 1940)

Every Junk Dealer, Secondhand Dealer, Pawnbroker, loan broker and every proprietor, keeper or Owner of any office or other place of Business where money is loaned on Personal Property for a compensation, Shall daily make out and deliver to the Chief of Police, every Day before the hour of twelve noon, on a blank form to be furnished to him by the Chief of Police for that purpose, a full, true, and complete report of all the Property and other valuable Goods, wares, merchandise, or things received on deposit or purchased during the Preceding twenty-four consecutive hours, together with the time, meaning the hour of the Day, when received on deposit, in pawn or purchase, and a description of the Person or Persons by whom left in pledge, or deposited or from whom purchased, and also the true name, as nearly as the same is known to the said Pawnbroker, Junk Dealer, Secondhand Dealer, loan broker, or other Person hereinbefore Designated. The report Shall be Written in the English language in a clear and legible manner.

(Ord. 565 § 1 (part), 1937)

All the Property and other valuable Goods, wares, and merchandise received on deposit or purchased should be kept intact in its original state by every Junk Dealer, Secondhand Dealer, Pawnbroker, loan broker and proprietor or Owner of any office or any other place of Business where money is loaned on Personal Property for compensation, for a period of thirty calendar Days from the Day of the purchase, receipt or acquisition of the same, and Shall be Exhibited to the Chief of Police upon demand being made by the Chief of Police.

(Ord. 565 § 1 (part), 1937)

The Chief of Police of the City Shall furnish blanks free of charge, for all Persons required to make reports in accordance with Section 5.20.040, which blanks May be obtained by requests made to the Chief of Police. The Chief of Police, upon receipt of the reports Shall file the same in his office, and the same Shall be open to inspection only to the Police Department of the City, or upon order of a duly authorized Court made for that purpose.

(Ord. 565 § 2, 1937)