Fillmore Municipal Code Ch. 7.08 Pawnbrokers, Secondhand Dealers, Junk Dealers and Junk Collectors

(a) "Junk collector" means 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.

(b) "Junk dealer" means a person, firm or corporation, 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, paper, metal or other articles commonly known as junk.

(c) "Pawnbroker" means a person, firm or corporation, engaged in, conducting, managing or carrying on the business of pawnbroking, or the business of loaning money for himself, or for any other person, firm or corporation, upon personal property, personal security, 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 time of purchase. A "pawnshop" means any room, store or place in which any such business is engaged in, carried on or conducted.

(d) "Secondhand dealer" means a person, firm or corporation engaged in, conducting, managing or carrying on the business of buying, selling or otherwise dealing in secondhand goods, wares or merchandise.

(Ord. 38 § 1, 1918)

It is unlawful for any person, firm or corporation to engage in, conduct, manage, or carry on the business of pawnbroker, secondhand dealer, junk dealer or junk collector without first applying for and receiving a license therefor, in writing, from the city council in the manner provided in this chapter.

(Ord. 38 § 2, 1918)

Any person, firm or corporation desiring to obtain a license to conduct or carry on any business mentioned in Section 7.08.010 shall file an application in writing therefor with the city council specifying by street and number the place where such business is proposed to be conducted or carried on, or in the case of junk collector who has no fixed place of business, then such application shall be signed by the applicant and shall contain the address of such applicant.

(Ord. 38 § 3, 1918)

No license to conduct or carry on any business mentioned in Section 7.08.010 shall be granted by the city council to a person, firm or corporation who fails, refuses or neglects to comply with the laws and ordinances relating to and regulating the business for which such license is sought. The city clerk shall not issue any license to any person, firm or corporation to conduct or carry on the business of pawnbroker, secondhand dealer, junk dealer or junk collector until the city council has granted a license therefor, as provided in this chapter.

(Ord. 38 § 4, 1918)

The license fee to be charged each person, firm or corporation engaged in the business of conducting a secondhand store shall be twenty dollars per year, payable in advance on the first day of July of each and every year.

The license fee to be charged each person, firm, or corporation engaged in the business of conducting a pawnshop shall be twenty dollars per year, payable in advance on the first day of July of each and every year.

The license fee to be charged each person, firm, or corporation engaged in the business of junk dealing or junk collecting shall be fifty dollars per year, payable in advance on the first day of July of each and every year.

Under the provisions of this chapter a part of a day shall be deemed a day. All licenses shall be issued and written to cover and extend over the period from the day of their said issuance, to and including the last day of June thence ensuing. When such license is issued for more than nine months, or for one year, the licensee therein named shall be required to pay all of the annual rate provided in this chapter; if such license is issued for more than six months and not exceeding nine months, such licensee shall be required to pay three-fourths of the annual rate provided in this chapter; if such license is issued for more than three months and not to exceed six months, each licensee shall be required to pay one-half of the annual rate provided in this chapter; and if such license is issued for three months or less than three months; such licensee shall be required to pay one-fourth of the annual rate provided in this chapter.

(Ord. 195 § 2, 1947: Ord. 38 § 5, 1918)

In the event that any person, firm or corporation holding a license to conduct or carry on the business of pawnbroker, secondhand dealer, junk dealer or junk collector, violates or causes or permits to be violated any of the provisions of the ordinances codified in this chapter or any provision of any other ordinance or any law relating to or regulating any such business, or causes or permits such business so to be conducted, or carried on, it shall be the duty of the city council and the council shall, in addition to the other penalties provided by this chapter, revoke the permit issued for conducting or carrying on such business. If the permit of any person, firm or corporation, to conduct or carry on any business under the provisions of this chapter is revoked, no permit shall be granted to such person, firm, or corporation to conduct or carry on any such business within twenty-four months after such revocation.

No license shall be revoked until a hearing has been had by the city council in the matter of the revocation of such license, notice of which hearing shall be given, in writing, and served at least three days prior to the date of the hearing upon the holder of such license, or his manager, or agent which notice shall state the grounds of complaint against the holder of such license or against the business carried on by such holder, and shall also state the time and place where such hearing will be had. Such notice shall be served upon the holder of such license by delivering the same to such person, or to his manager, or agent, or to any person in charge of or employed in the place of business of such holder, or if such person has no place of business then at his place of residence; or by leaving such notice at the place of business or residence of such person with some person of suitable age and discretion. If the holder of such license cannot be found and service of such notice cannot be made upon him in the manner provided in this section, then a copy of such notice shall be mailed, postage fully prepaid, addressed to such person and holder of such license, at such place of business or residence, at least three days prior to the date of such hearing.

(Ord. 38 § 6, 1918)

Every pawnbroker shall make out and keep a full, true and correct report of all goods, wares, merchandise or things received on deposit, pledge or purchased during the week preceding the making out of such report. Such report shall show the hour of the day when each article was received on deposit, pledged or purchased and the true name and address as nearly as the same is known to or can be ascertained by such pawnbroker, of the person or persons by whom such articles were left on deposit, pledged or sold, together with a description of such person or persons. The description to be given of every such person shall show the style of dress, height, age, sex, complexion, color of eyes, mustache or beard. Such report shall also show the number of pawn ticket, the amount loaned, amount purchased, and a complete description of each article left on deposit, pledged or purchased. If any article so left on deposit, pledged or purchased has engraved thereon any number, word or initial, or contains any setting of any kind the description of such article in such report shall contain each number, word or initial, and shall show the kind of setting and the number of each kind.

(Ord. 38 § 7, 1918)

Every secondhand dealer, junk dealer and junk collector shall make out and keep a full, true, and complete report of all goods, wares, merchandise or things purchased or received during the week ending at midnight on Sunday next preceding the making out of such report. Such report shall show the date and the hour of the day when each article was purchased or received, and the true name and address, as nearly as the same is known to, or can be ascertained by such secondhand dealer, junk dealer, or junk collector of the person or persons by whom such article was sold or delivered, together with a description of such person or persons. The description to be given of every such person shall show the style of dress, height, age, sex, complexion, color of mustache or beard or both whenever worn, eyes and hair. Such report shall also show the amount purchased and a complete description of each article purchased or received. If any article so purchased or received has engraved thereon any number, word or initial, or contains any settings of any kind, the description of such article in such report shall contain such number, word or initial and shall show the kind of settings and the number of each kind.

Such record shall also contain a full, true and complete description of all goods, wares, merchandise or things sold or otherwise disposed of during such week, and shall also show the date and the hour of the day when each article was sold or delivered or otherwise disposed of and the true name and address, as nearly as the same is known to or can be ascertained by such secondhand dealer, junk dealer or junk peddler or collector of the person or persons by whom such article was purchased or to whom the same was delivered together with a description of such person or persons. The description to be given of every such person shall be the same as that required by this section, to be given of persons from whom goods, wares, and merchandise are purchased or received and the description of every article sold or otherwise disposed of shall be the same as that required by this section to be given of articles purchased or received.

(Ord. 38 § 8, 1918)

Every pawnbroker, secondhand dealer, junk dealer and junk collector shall keep a complete record of all goods, wares, merchandise or things pledged to or purchased or received by him, or sold or otherwise disposed of, which record shall contain all the matters required to be shown in the reports and records referred to and described in Sections 7.08.070 and 7.08.080. Every such record and all goods, wares, merchandise and things pledged to or purchased or received from any such pawnbroker, secondhand dealer, junk dealer or junk collector, shall be open at all times during business hours to the inspection of the marshal or any police officer of the city.

(Ord. 38 § 9, 1918)

Every report and record required by the terms of this chapter shall be written or printed entirely in the English language in a clear and legible manner.

(Ord. 38 § 10, 1918)

It is unlawful for any person, firm, or corporation engaged in, conducting, managing or carrying on the business of pawnbroker, secondhand dealer, junk dealer or junk collector, or for any agent or employee of any such person, firm or corporation, to fail, refuse, or neglect to make out and keep any such record or report, in the form, and in the manner and at the time, and in all respects in accordance with the requirements of this chapter, or to fail, refuse or neglect to exhibit to the marshal or any police officer of the city, immediately upon demand for the privilege of inspection, any such records or any goods, wares, merchandise or things pledged to, or purchased or received by such person, firm or corporation.

(Ord. 38 § 11, 1918)

The provisions contained in Sections 7.08.080 and 7.08.090 shall not be deemed to apply to the purchase or the sale by junk dealers or junk collectors, of rags, bottles, other than milk or cream bottles, secondhand sacks, other than cement sacks, cans, shoes, or scrap iron, when sold for scrap.

(Ord. 38 § 12, 1918)

If any person, firm or corporation engages in, conducts, manages or carries on at the same time, more than one of the businesses defined and referred to in this chapter, such person, firm or corporation shall be deemed to be engaging in, conducting, managing and carrying on each such business separate and apart from the other such business, and such person, firm or corporation shall comply in all respects with the provisions of this chapter relating to each such business, and it is unlawful for any such person, firm or corporation to fail, refuse, or neglect so to do.

(Ord. 38 § 13, 1918)