Culver City Municipal Code Ch. 11.09 Pawnbrokers; Sale of Goods

Section

Pawnbrokers

Street Vendors

Close-Out Sales

Yard Sales

PAWNBROKERS

Whenever in this Subchapter the following terms are used, they shall have the meaning ascribed to them, unless it is apparent from the context thereof that some other meaning is intended:

PAWNBROKER. Any person, firm or corporation engaged in carrying on, managing, or employed in any one or more of the following businesses:

1. Pawnbroking.

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

3. Purchasing articles of personal property and re-selling or agreeing to re-sell such articles to the vendors or assignees at prices agreed upon at or before the time of such purchase.

PAWNSHOP. Any room, store or place in which the business of pawnbroker is engaged in, carried on or conducted.

('65 Code, § 26-1) (Ord. No. 259 § 1; Ord. No. 466)

Every person, firm or corporation engaged in, carrying on or conducting the business of pawnbroker shall have a permit, in writing, so to do.

('65 Code, § 26-2) (Ord. No. 259 § 2; Ord. No. 466)

Written application for permit shall be filed with the City, stating therein the address and full name of the person, or the firm, and of each member thereof, or of the corporation and the president, secretary and manager thereof, making such application, and the location where applicant proposes to conduct such business.

('65 Code, § 26-3) (Ord. No. 259 § 3; Ord. No. CS-458; Ord. No. 466; Ord. No. 2025-001 § 2 (part))

Upon receipt of such application, an investigation shall be made of the applicant and the location proposed for said business. Thereafter the City Manager or their designee may, in its discretion, issue a permit to the applicant.

('65 Code, § 26-4) (Ord. No. 259 § 3; Ord. No. CS-458; Ord. No. 466; Ord. No. 2025-001 § 2 (part))

In exercising its discretion, the City Manager or their designee may take into consideration all facts as it may deem pertinent and proper, and before issuing any permit it must specifically be found that the following conditions exist, namely:

A. That the granting of said permit will not be detrimental to the safety, public morals or general welfare of the City;

B. That the granting of said permit will not be detrimental or injurious to other businesses located adjacent to or in the general vicinity of said proposed business;

C. That the granting of said permit will not be injurious to property or land values in the vicinity of said proposed business.

('65 Code, § 26-5) (Ord. No. 259 § 3; Ord. No. 466; Ord. No. CS-458; Ord. No. 2025-001 § 2 (part))

Permit to act as a pawnbroker may be revoked by the City Manager or their designee or the City Council, following a hearing with respect thereto, upon a showing of violation of the regulations of this Chapter or any other law.

('65 Code, § 26-6) (Ord. No. 259 § 4; Ord. No. 466; Ord. No. 2025- 001 § 2 (part))

Before a permit may be revoked, a copy of the charges and allegations supporting revocation, together with notice of time and place for hearing, shall be served, at least three (3) days prior to date of hearing upon the person, firm or corporation involved, or their agent or employee. Upon a hearing wherein the grounds of such complaint are sustained, the City Manager or their designee or the City Council shall revoke permit and no further permit shall be issued to the same person, firm or corporation for a period of six (6) months.

('65 Code, § 26-7) (Ord. No. 259 § 5; Ord. No. 466; Ord. No. 2025- 001 § 2 (part))

Forms shall be furnished by the Chief of Police to every pawnbroker for the purpose of recording and reporting to the Chief of Police all required information relative to purchases, pledges or consignments. Such forms shall be delivered to the Chief of Police or Desk Sergeant before 10:00 a.m. each morning and shall contain a full, true and complete report of all goods, wares, merchandise or other things received on deposit, pledged or purchased during the day preceding the filing of such report.

('65 Code, § 26-8) (Ord. No. 259 § 6; Ord. No. 466)

Every pawnbroker shall keep a complete record, written or printed entirely in the English language, of all goods, wares, merchandise or things pledged to, or purchased or received, or sold or otherwise disposed of, which record shall contain all of the information required in the form furnished by the Police Department. Such record, as well as property pledged, purchased or received by such pawnbroker shall be open at all times, during business hours, to the inspection of the Chief of Police or other authorized personnel of the City.

('65 Code, § 26-9) (Ord. No. 259 § 7; Ord. No. 466)

Reports received by the Chief of Police shall be on file in the Police Department and shall be open to inspection only by members of that department or upon a court order made for that purpose.

('65 Code, § 26-10) (Ord. No. 259 § 8; Ord. No. 466)

It shall be unlawful for any person, firm, or corporation engaged in carrying on or conducting the business of a pawnbroker, or for any agent, servant employee or manager thereof, to fail, refuse or neglect to observe the requirements of this Chapter.

('65 Code, § 26-11) (Ord. No. 259 § 9; Ord. No. 466)

It shall be unlawful for any pawnbroker to sell or otherwise dispose of any article, goods, wares, merchandise or other thing within twenty-one (21) days after the purchase or receipt thereof.

('65 Code, § 26-12) (Ord. No. 259 § 10; Ord. No. 466)

Any person, firm or corporation who shall purchase any automobile, motorcycle, or bicycle, or any accessories or parts thereof, at secondhand in the City from a person or persons not carrying on an established business of selling such articles, shall, by 10:00 a.m. of the day following such purchase or purchases, make out and deliver to the Chief of Police or Desk Sergeant a form, supplied by the Police Department, containing a full, true and complete report of what was purchased and all other pertinent information pertaining thereto.

('65 Code, § 26-13) (Ord. No. 259 § 12; Ord. No. 466)

STREET VENDORS

For the purpose of this Subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

STREET. Any highway, roadway, parkway, sidewalk and alley and any center divider or median strip, therein.

STREET VENDING. The commercial peddling, hawking, displaying, or offering for sale of any goods, wares, merchandise, food or beverage of any kind on any public street within the City.

('65 Code, § 3-20) (Ord. No. 84-004 § 1; Ord. No. 2025-001 § 2 (part))

A. No person shall conduct, or cause to be conducted, any street vending, except as provided in Subsection B. and C. herein.

B. A person may conduct street vending only from a vehicle, wagon, or cart, and only after having obtained a permit, therefor, pursuant to this Subchapter.

C. The outdoor display of goods on a public sidewalk shall only be permitted as provided in § 9.08.040 and the Zoning Code, as set forth in Title 17 of this Code.

('65 Code, § 3-21) (Ord. No. 84-004 § 1; Ord. No. 96-018 § 1)

A street vending permit shall be applied for and issued in accordance with the provisions of §§ 11.01.300 through 11.01.370.

('65 Code, § 3-22) (Ord. No. 84-004 § 1)

In addition to any conditions imposed pursuant to § 11.01.340 B., a street vending permit shall be subject to the following conditions.

A. No person shall stand, park or stop a vehicle, wagon, or cart, for the purposes of street vending, except at the request of a bona fide purchaser and for a period of time not to exceed ten (10) minutes at any location.

B. The person conducting the street vending shall obey the directions of any police officer, fireman or other City employee.

C. The street vending shall not occur within three hundred (300) feet of any public school grounds or public park unless the permit otherwise provides.

D. The street vending permit shall automatically become null and void if the person to whom the permit was issued is convicted of or pleads guilty or no contest to any criminal charge alleging a violation of any of the provisions of this Subchapter.

E. No street vending permit shall be granted to a person within six (6) months of the date of a conviction or plea of guilty or no contest to any criminal charge alleging a violation of the provisions of this Subchapter.

('65 Code, § 3-23) (Ord. No. 84-004 § 1; Ord. No. 85-017 §§ 1, 2)

CLOSE-OUT SALES

For the purpose of this Subchapter certain terms used herein are defined as follows.

ADVERTISING. Any and all means, whether oral, written, lettered or printed, for conveying to the public notice of the conduct of a sale or intention to conduct a sale.

PERMIT. A permit issued pursuant to this Subchapter.

PERMITTEE. Any person to whom a permit has been issued pursuant to this Subchapter.

SALE. Any offer to sell to the public, or any group thereof, goods, wares or merchandise on order, in transit or in stock, in connection with a declared purpose as set forth by advertising. Such advertising may convey the following.

1. The sale is anticipatory to or to avoid the termination, liquidation, revision, windup, discontinuance, removal, dissolution or abatement of business.

2. Upon the disposal of goods, business will cease, be interrupted, discontinued or changed.

3. Goods, wares or merchandise, or any part thereof, have been involved in business failure or have been derived from a business which has failed, been closed, discontinued or liquidated.

4. Premises are available for purchase or lease or are otherwise to be vacated.

('65 Code, § 6-13)

It shall be unlawful for any person to advertise or in any manner purchase a “closing out sale” without first filing an application therefor with the City Council and receiving a permit so to do.

('65 Code, § 6-14)

The application for permit shall be accompanied by a complete verified inventory of stock to be offered to the public during closing out sale. No additional merchandise shall be added thereafter.

('65 Code, § 6-15)

The original inventory shall not be increased. Any unusual purchase or additions to the stock of merchandise within 60 days prior to filing of application for license to conduct a closing out sale shall be presumptive evidence that such purchase or additions were made for the purpose of selling them at such sale. Each sale of merchandise not inventoried and described in original application shall constitute a separate offense under this Subchapter.

('65 Code, § 6-16)

The City Manager or their designee or City Council shall have the power to revoke any permit whenever such sale is being conducted in violation of the provisions of this Subchapter or in such manner as to deceive or defraud the public.

('65 Code, § 6-17) (Ord. No. 2025-001 § 2 (part))

Removal from the place of sale mentioned in original application of any goods, wares or merchandise inventoried and described therein, shall cause such goods to lose their identity therewith. No permits thereafter will be issued for conducting a further sale of such goods in such manner as to identify them with the original permittee.

('65 Code, § 6-18)

Upon the commencement and for the duration of any closing out sale, permit shall be prominently displayed near the entrance of the premises. A duplicate original of the application and stock list pursuant to which such permit was issued shall at all times be available to the City Council or its representatives who shall be permitted to examine all merchandise in the premises for comparison with such stock list.

('65 Code, § 6-19)

Suitable books and records shall be kept by the permittee. At the close of business each day the stock list shall be revised and those items disposed of during the day shall be so marked thereon.

('65 Code, § 6-20)

The provisions of this Subchapter shall not apply to or affect the following.

A. Persons acting pursuant to an order or process of a court of competent jurisdiction.

B. Persons acting in accordance with their powers and duties as public officers, such as sheriffs and marshals.

C. Duly licensed auctioneers, selling at auction.

D. Any publisher of a newspaper, magazine or other publication, who publishes any such advertisement in good faith, without knowledge of its false, deceptive or misleading character, or without knowledge that the provisions of this Subchapter have not been complied with.

('65 Code, § 6-21) (Ord. No. CS-210)

It shall be unlawful for any person to reopen a business of substantially the same nature, with substantially the same parties in interest and at substantially the same location within six (6) months after the completion of the close-out sale.

('65 Code, § 6-22) (Ord. No. 86-027 § 1)

YARD SALES

For the purpose of this Subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

YARD SALE. A yard, garage, patio, or similar type sale held in any residential zone for the purpose of disposing of personal property.

('65 Code, § 22-70) (Ord. No. CS-825 § 1 (part))

No yard sale shall be conducted without a no-fee permit issued by the City.

('65 Code, § 22-71 A.) (Ord. No. CS-825 § 1 (part))

An applicant for a permit shall furnish the following.

A. Full name.

B. Residence address (sale location).

C. The dates and hours of the sale.

D. A general description of the type of merchandise to be sold.

E. A declaration that the applicant is the owner of all of the property to be offered for sale and that if requested by the Police Department, the applicant will permit inspection by the Police Department of all goods, products and merchandise offered or to be offered for sale.

('65 Code, § 22-71 B.) (Ord. No. CS-825 § 1 (part))

No permit shall be issued to any person or for any location more frequently than once every six months nor shall any sale be conducted for a period in excess of three consecutive days or four days consisting of Saturday and Sunday of two consecutive weekends.

('65 Code, § 22-71 C.) (Ord. No. CS-825 § 1 (part))

No yard sale shall start before 9:00 a.m., nor continue after 6:00 p.m.

('65 Code, § 22-71 D.) (Ord. No. CS-825 § 1 (part))

All display and related activity shall be conducted within an enclosed structure, be it a house or garage, located anywhere on the lot, an enclosed patio located within the side or rear yard, or in the rear yard itself. Front and side yards and driveways shall not be used for a yard sale or for storage or display of property or any related activity other than display of one sign in accordance with § 11.09.430 of this Chapter.

('65 Code, § 22-71 E.) (Ord. No. CS-825 § 1 (part))

No sign or other form of advertisement of a proposed yard sale shall be placed upon any public property within the City (the Zoning Code, as set forth in Title 17 of this Code) or upon any other property within the City, except upon the premises where a sale is conducted. No sign or other form of advertisement shall be exhibited for more than two days prior to the day each sale period is to commence, and shall be removed by 6:00 p.m. on the termination day of each period. One sign only, not exceeding 15 x 20 inches in size, may be placed in the front or side yard of the premises where the sale is conducted. The sign shall be placed at least five (5) feet from the front property line which for purposes of this Section shall be considered the edge of the sidewalk furthest from the street or the edge of the curb furthest from the street if there is no sidewalk. No attention-getters or flags shall be displayed.

('65 Code, § 22-71 F.) (Ord. No. CS-825 § 1 (part))

All property offered for sale shall be available for inspection by any representative of the Police Department at the place where the sale is to be conducted.

('65 Code, § 22-71 G.) (Ord. No. CS-825 § 1 (part))

A. Unless otherwise specified, a violation of any of the provisions of this Subchapter shall be deemed a misdemeanor, and shall be subject to a fine not to exceed One Thousand Dollars ($1,000), six (6) months in jail, or both.

B. Nothing in this Subchapter shall prevent the City Attorney from prosecuting a violation of this Subchapter as an infraction, at his/her discretion, as set forth in § 1.01.035 B. of this code.

C. Nothing in this Subchapter shall prevent the City Attorney from bringing a civil action, at his/her discretion, for violations of the provisions of this Subchapter, as set forth in § 1.01.050 of this code.

('65 Code, § 22-1) (Ord. No. 96-034 § 2)