El Cajon Municipal Code Ch. 5.48 Pawnbrokers and Secondhand Dealers

The operations of secondhand dealers and pawnbrokers require further regulation to provide necessary safeguards to ensure that the businesses operate in such a manner to reduce the traffic of stolen merchandise in the City of El Cajon. The intent of this chapter is to limit the hours of operation of such businesses to day-time hours when such activities can be monitored more effectively and establish procedures for the purchase of secondhand merchandise that deter the purchase of stolen property. The regulation of these businesses is necessary to adequately protect and promote the health, safety and general welfare of the community.

(Ord. 5014 § 5, 2014)

No person shall engage in, carry on, maintain or conduct a pawnbroker or secondhand dealer business in the city without first having applied for and secured a license pursuant to Chapter 5.16, paid license taxes as specified in Chapters 5.04 and 5.08, obtained a state secondhand dealer or pawnbroker license, and complied with all regulations pertaining to such business provided in this code and all applicable state or federal regulations.

(Ord. 5014 § 5, 2014)

"Pawnbroker"

is defined as every person engaged in the business of receiving goods, including motor vehicles, in pledge as security for a loan as defined in the California Code of Finance Section 21000.

"Secondhand dealer"

includes any person, co-partnership, firm, or corporation whose business includes buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand tangible personal property as defined in the California Business and Professions Code Section 21626.

"Tangible personal property"

shall have the meaning as defined by Business and Professions Code Section 21627 and includes, but is not limited to, all secondhand tangible personal property which bears a serial number or personalized initials or inscription or which, at the time it is acquired by the secondhand dealer, bears evidence of having had a serial number or personalized initials or inscription.

(Ord. 5014 § 5, 2014)

Every person who engages in any of the activities for which a license is required by Section 5.48.010 shall be governed by the following regulations:

A. Hours of Operation

It shall be unlawful for a pawnbroker or secondhand dealer to conduct such business activities between the hours of 9:00 p.m. and 8:00 a.m.

B. Record Keeping

Secondhand Merchandise Dealers and Pawnbrokers shall keep records of the purchase, taking in of pawn, and trading in of secondhand tangible personal property. Records shall be kept and submitted daily on forms approved by the Police Department.

C. Compliance with Applicable Laws

The activity must comply with all health, zoning, fire, building and safety codes, requirements and standards of the laws of California and ordinances of the city applicable to this operation.

(Ord. 5014 § 5, 2014)

A. Violations of this chapter are subject to the provisions of the general penalty clause as set forth in Section 1.24.010 of this code.

B. In addition to, and not in lieu of, any penalties for violations as provided in Section 1.24.010 of this code, any business which is established or maintained in violation of this chapter is deemed to be a public nuisance and may be abated in accordance with Chapter 1.16 of this code.

(Ord. 5014 § 5, 2014)