El Segundo Municipal Code Ch. 6 Secondhand Stores and Junk Shops

The following words when used in this Chapter shall, for the purposes of this Chapter, have the meanings respectively ascribed to them in this Section:

AUTO WRECKER: A person who buys or receives any motor vehicle, as the term "motor vehicle" is defined in the California State Vehicle Code, for the purpose of dismantling or disassembling, or who dismantles or disassembles, the motor vehicle for the purpose of reconditioning any other vehicle, or for the purpose of selling or otherwise dealing in the materials or parts of the vehicle or vehicles.

BUY-FORM: The form furnished by the Chief of Police to the licensee for the purpose of the recording and furnishing by the licensee to the Chief of Police of the required information relative to purchases, pledges or consignments.

CHIEF OF POLICE: Means and designates the Chief of Police of the City.

JUNK COLLECTOR: A person not having a fixed place of business in the City who goes from house to house, or from place to place, gathering, collecting, buying, selling, or otherwise dealing in any old rags, sacks, bottles, cans, papers, metal or other articles commonly known as junk.

JUNK DEALER: A person (not an auto wrecker) having a fixed place of business in the City and engaged in conducting, managing or carrying on the business of buying, selling or otherwise dealing in, either at wholesale or retail, any old rags, sacks, bottles, cans, papers, metal or other articles known as junk.

PAWNBROKER: A person engaged in conducting, managing or carrying on the business of pawnbroking; or the business of lending money upon personal property, pawns or pledges; or the business of purchasing articles of personal property and reselling, or agreeing to resell such articles to the vendors or their assignees at prices agreed upon at or before the times of such purchase.

PAWNSHOP: Any room, store, building or other place in which any such business of a pawnbroker is engaged in, carried on or conducted.

SECONDHAND DEALER: A person (other than a used car dealer or a dealer in secondhand books or magazines) engaged in conducting, managing or carrying on a business of buying, selling or otherwise dealing in secondhand goods, wares or merchandise. (Ord. 537, 2-9-1959)

Before engaging in any of the businesses hereinabove defined or referred to in Section 4-6-1 of this Chapter, the licensee shall obtain the required business license so to do, and in addition thereto the licensee shall be subject to each and all of the terms, conditions and provisions of this Chapter. A nonrefundable fee shall be established to cover the cost of investigation and processing and the amount therefor shall be fixed from time to time by City Council resolution. (Ord. 1252, 4-9-1996)

A. Distribution: The Chief of Police shall cause to be prepared from time to time such numbers of the "buy-form" as may be necessary in order to enable the respective licensees to execute and file the same, and shall furnish the forms free for the purpose of complying with the provisions of this Chapter.

B. Chapter Copy: A copy of this Chapter, together with any amendment or amendments, shall be furnished each new licensee upon the first delivery to the licensee of the buy-form and the licensee shall be furnished with a copy of any subsequent amendment to this Chapter that affects the type of business of the licensee. A reasonable number of additional copies of this Chapter and amendments thereof may be procured from the Chief of Police by any licensee upon request.

C. Procurance: Every licensee shall, and it is hereby made the duty of the licensee to, obtain from the Chief of Police and to fill out and complete in quadruplicate an appropriate buy-form covering each day's transactions except those transactions enumerated in subsection H of this Section. Within three (3) hours after the close of business of any business day, each such licensee shall mail or deliver to the Chief of Police the original buy-form, together with two (2) duplicate copies thereof, covering the business transacted on that day.

D. Information: The buy-forms shall contain a full, true and complete report of all goods, wares and merchandise or things received on deposit, consigned, pledged or purchased during the day covered by such forms, and shall also contain such other information as may be required by the Chief of Police and which, in the opinion of the Chief of Police, considering the type of business of the licensee, may assist in the detection of stolen property. Every licensee shall enter upon the buy-form positive identification furnished by the seller, pledgemaker or consignor, such as driver's license number, work badge number, auto or truck license number and junk collector's business license number in addition to the true name and address of the seller, pledgemaker or consignor. In lieu of the positive identification mentioned above, the licensee shall require the seller, pledgemaker or consignor to furnish a plain impression print of his right index finger upon the face side of the original sheet of the buy-form.

E. Preserve Records:

1. Every licensee shall preserve for a period of at least two (2) years the fourth or quadruplicate copy of the buy-form provided for that purpose, containing a carbon copy record thereon of the original writing made by the licensee. Every such record shall be produced by the licensee for inspection by any peace officer within the two (2) year period, and any property pledged, purchased or received by the licensee which is described in the buy-form shall likewise be produced for inspection by any peace officer upon request, if the request is made within the period during which the licensee is required hereunder to hold the property.

2. The Chief of Police shall also maintain a file consisting of the originals of all buy-forms for a period of at least two (2) years after receipt thereof, and the file shall be open to inspection by any peace officer.

F. Language And Signature:

1. Every such buy-form report or record made by or through the licensee as required by the provisions of this Chapter shall be written or printed entirely in the English language in a clear and legible manner.

2. Every person making out any buy-form report shall sign his true name and give the true name and correct address of the licensee. No person shall write or subscribe the name of any other person as a signature to any buy-form report, as all such buy-forms shall bear as signatures only the true names of the persons so subscribing the same.

G. Identification Information: Every person who sells, pledges, or consigns any property to any licensee in the course of business covered by the license of the licensee shall furnish on the buy-form report true positive identification to the licensee by which the person can be located by the Chief of Police. The person shall also sign his true name and write or print his true address upon the buy-form in the space provided for same at the time the business is transacted.

H. Exceptions To Filing Buy-Forms: The provisions of this Chapter requiring withholding and the making and filing of buy-forms shall not be deemed to apply:

1. Certain Purchases By Junk Dealers Or Collectors: To the purchase or sale by junk dealers or junk collectors of rags, bottles (other than milk or cream bottles), secondhand sacks, barrels, cans, scrap metal, shoes, lamps, stoves or household furniture (with the exception of sewing machines and all musical instruments or any item or items to which the manufacturer thereof has assigned a serial number); or

2. Household Furniture: To the purchase or sale by secondhand dealers of household furniture (with the exception of sewing machines, all musical instruments, typewriters, or any other item or items to which the manufacturer thereof has assigned a serial number); or

3. Secondhand Articles Traded On New Articles: To the receipt or sale of a secondhand article by any person who received the secondhand article as part payment of a new article, if the person is the authorized representative or agent of the manufacturer of the new article sold. (Ord. 537, 2-9-1959)

A foundry or junk dealer shall not melt, destroy, sell or otherwise dispose of any metal purchased or received by the dealer which is, or by economically feasible repair can be made, usable for the purpose for which it was originally designed, except as provided in subsection 4-6-5E of this Chapter until at least twenty one (21) days after making a report to the Chief of Police that the metal has been received by the foundry or junk dealer. (Ord. 537, 2-9-1959)

A. Generally: No person shall melt, destroy, sell or otherwise dispose of any article, goods, wares, merchandise or thing obtained or used in any business subject to the provisions of this Chapter, except those exempt by subsection 4-6-3H of this Chapter until at least fourteen (14) days after making the report to the Chief of Police that the article, goods, wares, merchandise or thing has been purchased or received by the person, except that metal products must be retained at least twenty one (21) days as required by Section 4-6-4 of this Chapter.

B. Hold Order: The Chief of Police may place a hold order upon any property acquired by the licensee in the course of any business subject to the provisions of this Chapter for a period of not to exceed ninety (90) days, and in this case the licensee shall retain the property for the prescribed period and shall not dispose of the same in the meantime unless upon written release of the Chief of Police. The Chief of Police may also require the licensee to keep a true record of property and to ascertain and report therewith the true name and address of the person to whom the property was sold, transferred, or otherwise disposed of.

C. Inspection; Release: The Chief of Police in his discretion may, in writing, release any property covered by this Chapter which he has inspected, either personally or through his authorized officers, if after the inspection he is satisfied that the property is in the lawful possession of the licensee.

D. Licensee Transfer: Goods, wares and merchandise covered by duly executed and filed buy-forms and with respect to which any waiting periods provided for herein are being observed, may be sold or conveyed by the licensee possessing the same to any other licensee in the City engaged in the same or a similar business who is complying with the provisions of this Chapter without the necessity of executing and delivering new buy-forms therefor; provided, however, that both the seller and the buyer in such case shall notify the Chief of Police, in writing, of the transfer at or before the time the same is actually made, and provided that the transferee shall observe all unexpired withholding periods with reference to any such goods, wares or merchandise. This does not apply to purchases made by junk dealers and junk collectors or to transfers of property between such dealers and collectors.

E. Exceptions To Section 4-6-4: The waiting period required by Section 4-6-4 of this Chapter does not apply to property purchased on a bill of sale or invoice from a regularly established place of business. As used in this subsection, an "established place of business" means a place of business within the County of Los Angeles which has been dealing in the type of articles purchased at the same location for not less than two (2) years.

F. Alteration: Until any articles, goods, wares, merchandise or thing pledged or consigned to, or purchased by, any licensee subject to the provisions of this Chapter are held for the time required or released by the Chief of Police, the licensee shall not clean, alter, repair, paint or otherwise change the appearance of the articles, goods, wares, merchandise or things. At all times during business hours the licensee shall expose the same to public view.

G. Inspection: A licensee subject to the provisions of this Chapter shall not export from the City any goods, wares, merchandise, or things pledged or consigned to or received by such licensee in his capacity as the licensee until the Chief of Police has inspected and released the property. (Ord. 537, 2-9-1959)

No person shall transact the business of an auto wrecker within the City for the purpose of buying or selling wrecked or used automobiles or vehicles or any parts or accessories therefor, between the hours of seven o'clock (7:00) P.M. and seven o'clock (7:00) A.M. of the following day. (Ord. 537, 2-9-1959; amd. 2000 Code)

A. Signing Fictitious Name: Every person required by this Chapter to sign any paper or form who signs a fictitious name or any other than his or her true name and every person who gives any address other than his or her true and correct address is guilty of a misdemeanor.

B. Failure To Submit Buy-Form: Every person is guilty of a misdemeanor who fails, refuses or neglects to submit the buy- forms to the Chief of Police within the time required by, and in full compliance with, the provisions of this Chapter, if the forms have not been so submitted by some other person, and if the person is:

1. A person required by this Chapter to obtain a license; or

2. A person in charge of the business of the person required by this Chapter to obtain a license; or

3. An agent or employee of the person required by this Chapter to obtain a license; and the duties of the agent or employee include the submission of the buy-form. (Ord. 537, 2-9-1959)

It is unlawful for any person engaged in conducting, managing or carrying on any business affected by, or to which this Chapter relates, to fail, refuse or neglect to make or file any buy-form, statement or report required hereunder, in the form, in the manner, at the time and in all respects as required by and in full conformity with the requirements of this Chapter; or to fail, refuse or neglect to keep the records herein required in the form and in the manner required by this Chapter; or to fail, refuse or neglect to exhibit to the Chief of Police or to any police officer of the City, or other duly authorized person immediately upon demand for the privilege of the inspection, any record or any goods, wares or merchandise in his, its, or their possession, or control. (Ord. 537, 2-9-1959)

Any license issued to carry on any of the businesses defined in Section 4-6-1 of this Chapter may be revoked by the City Council upon evidence satisfactory to the City Council of any fraud, false advertising, unfair business practice, wilful breach of contract, or other misdealing by the licensee in the conduct of the business. (Ord. 537, 2-9-1959)