Fresno County Municipal Code Ch. 6.24 Junk Dealers, Secondhand Dealers, Used Goods Dealers, Itinerant Dealers,…

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Editor's note— Ordinance No. 13.021, § 2, adopted Oct. 22, 2013, changed the title of Chapter 6.24 from "Junk Dealers, Secondhand Dealers, Antique Dealers, Itinerant Dealers and Flea Markets" to "Junk Dealers, Secondhand Dealers, Used Goods Dealers, Itinerant Dealers, and Flea Markets."

A. "Dismantler" means one licensed by the state pursuant to the provisions of the Vehicle Code authorizing the dismantling of automobiles.

B. "Flea market" means a market sometimes referred to as a swap meet under a single management where persons for a fee are permitted to buy and sell merchandise subject to the rules and regulations of the management.

C. "Itinerant dealer" means one who goes from place to place gathering up, receiving, collecting, buying or selling junk or secondhand goods more than six times a year and who has no fixed place of business.

D. "Junk" means material other than secondhand tangible personal property, that is unfit for use in its present form, including scrap metal valuable only for recycling.

E. "Junk dealer" means one person engaged in the business of buying and selling junk at a fixed place of business.

F. "Secondhand dealer" means any person, copartnership, 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.

G. "Secondhand goods" means secondhand tangible personal property.

H. "Tangible personal property" has the meaning given in Section 21627 of the California Business and Professions Code and includes, but is not limited to, all 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.

I. "Used goods dealer" means any person, copartnership, firm, or corporation whose business includes buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning, or auctioning used goods that are not secondhand tangible personal property or junk.

(Ord. No. 13-021, § 2, 10-22-2013; Ord. 07-015, § 2; Ord. 89-006, § 5; Ord. 598, § 4, 1978; Ord. 540-A-4, § 1, 1976; prior code, § 630)

Except as specifically provided otherwise in this chapter, it is unlawful for any person to engage in the business of junk dealer, secondhand dealer, itinerant dealer, used goods dealer, or flea market operator without first having obtained a license therefor as provided in this chapter. A person who is a dealer in any combination of junk, used goods, and secondhand goods may apply for and receive a combination license authorizing him or her to buy and sell that combination of items.

(Ord. No. 13-021, § 2, 10-22-2013; Ord. 89-006, § 5; Ord. 598, § 4, 1978; Ord. 540-A-4, § 1, 1976; prior code, § 631)

The provisions of this chapter, except for those relating to secondhand dealers, shall not apply to the following:

A. Farm implement dealers who do not buy used parts or portions of implements except from other dealers having a fixed place of business;

B. Used automobile dealers or dismantlers who do not buy loose parts or portions of automobiles except from other dealers having a fixed place of business;

C. Occasional garage sales conducted by a resident upon his own premises selling articles originating from his own home and making not more than six such sales within any one-year period;

D. Sales conducted upon the premises of a licensed flea market;

E. Sales of recapped tires or rebuilt automobile parts from a fixed place of business;

F. Auctions of farm produce and animals as defined in the Agricultural Code;

G. Collection and sales of material from along roadsides for recycling.

(Ord. No. 13-021, § 2, 10-22-2013; Ord. 598, § 4, 1978; Ord. 540-A-4, § 1, 1976; prior code, § 631.1)

Applications for licenses under this chapter shall be made in writing and filed with the license collector. Each application shall be accompanied by a fee as set forth in the County of Fresno Master Schedule of Fees, Charges and Recovered Costs. The application fee shall be to defray the cost to the county of processing the application. Applications for secondhand dealers shall also be accompanied by a fee imposed by the department of justice under Section 21642.5 of the California Business and Professions Code. Except for applications for secondhand dealer licenses, which shall be made on the form prescribed by the department of justice, the application shall contain the name of the applicant, the persons interested in the business, the business address or if the applicant is an itinerant dealer, the applicant's residence address. Except for secondhand dealer license applications, which are collected by the sheriff under section 6.04.060 A., the application shall be immediately referred to the sheriff who shall fingerprint and photograph the applicant and make an investigation concerning the character of the applicant. If the application is for other than an itinerant dealer, the application shall be immediately referred to the department of public works and planning. The sheriff shall make a report of his or her findings, together with his or her recommendation as to whether or not the application should be granted, to the license collector within ten days after the application is referred to him. The sheriff shall recommend approval unless he finds that the applicant is a person who has or who is reasonably likely to deal in stolen articles. The director of public works and planning, where applicable, shall report to the license collector within ten days after the application is referred to him whether or not the proposed place of business is appropriately zoned for the proposed use. If the application is for a secondhand dealer license, before granting the license, the license collector shall submit the application to the department of justice. If the department of justice does not comment on the application within thirty days, the license collector may grant the applicant a license.

(Ord. No. 13-021, § 2, 10-22-2013; Ord. 89-006, § 5; Ord. 0-81-002, § 5; Ord. 540-A-4, § 1, 1976; prior code, § 631.2)

The license collector shall, upon receiving the application and the report thereon from the department of public works and planning issue the license if the report is favorable thereto. If the recommendation of the public works and planning department is adverse to the issuance of the license, the license collector shall refuse to issue the license. In the event of such refusal, the applicant may within ten days after such refusal appeal to the board whose decision thereon shall be final. No license shall be issued by the license collector until the license fee required for the particular license has been paid.

(Ord. No. 13-021, § 2, 10-22-2-13; Ord. 0-81-002, § 6; Ord. 540-A-4, § 1, 1976; prior code, § 632)

The license fee for a junk dealer's license, used goods dealer's license, secondhand dealer's license, flea market operator's license, or a combination license shall be as set forth in the County of Fresno Master Schedule of Fees, Charges and Recovered Costs. Such fee shall be paid in advance to the license collector before the issuance of the license.

(Ord. No. 13-021, § 2, 10-22-2013; Ord. 89-006, § 5; Ord. 598, § 4, 1978; Ord. 540-A-4, § 1, 1976; prior code, § 632.1)

Every itinerant dealer shall pay a license fee to the license collector as well as a fee for each vehicle in excess of one used in the business. Said fee shall be as set forth in the County of Fresno Master Schedule of Fees, Charges and Recovered Costs. Such fees shall be paid in advance to the license collector for the issuance of the license.

(Ord. 89-006, § 5; Ord. 540-A-4, § 1, 1976; prior code, § 632.2)

All licenses under this chapter shall be issued to expire on June thirtieth, provided that no license, except for secondhand dealer licenses, shall be issued to expire more than one year from the date of issuance. When a license is issued during any licensing period, the license collector shall prorate the license fee as of the first of the month nearest to the date of issuance. A secondhand dealer license shall be renewable the second year from the date of issue, and every other year thereafter.

(Ord. No. 13-021, § 2, 10-22-2013; Ord. 540-A-4, § 1, 1976; prior code, § 632.3)

Upon receipt of the required license fee, the license collector shall issue one distinctive tag for each vehicle used by the applicant in his or her business. The applicant shall place and maintain the tag on the windshield of each vehicle, or if the particular vehicle has no windshield, in some conspicuous place on the vehicle. The itinerant dealer shall also receive one identification card to be worn by the applicant in his or her business. Every junk dealer, secondhand dealer, used goods dealer and flea market operator shall display the license issued by the license collector in a conspicuous place on his or her business premises, and every itinerant dealer shall have his or her license in his or her possession at all times while engaging in the business as an itinerant dealer.

(Ord. No. 13-021, § 2, 10-22-2013; Ord. 89-006, § 5; Ord. 598, § 4, 1978; Ord. 540-A-4, § 1, 1976; prior code, § 633)

Every junk dealer, secondhand dealer, used goods dealer, or holder of a combination license shall keep in his place of business, and every itinerant dealer shall keep in his possession while engaged in his business as an itinerant dealer, a written record in the English language of all purchases or other receipts of junk and secondhand goods made in the course of his business. This record shall be executed on the form approved by the sheriff.

(Ord. No. 13-021, § 2, 10-22-2013; Ord. 540-A-4, § 1, 1976; prior code, § 634)

The records required by Section 6.24.100 shall contain a description of the property purchased or otherwise received and the date of each such transaction; the name, address, and occupation; and the license number of any vehicle used by the person with whom the transaction is made; a description of said person; and his signature and driver's license number. Failure to keep such records is a misdemeanor.

(Ord. 540-A-4, § 1, 1976; prior code, § 634.1)

A. Any person required to be licensed as a junk dealer, secondhand dealer, used goods dealer, or combination thereof by this chapter, shall submit to the sheriff, or duly appointed designee, at least once a week, in person, by e-mail or by U.S. mail, a copy of all dealer's invoices, as approved by the sheriff, or duly appointed designee. A second invoice copy shall be held by the dealer in numerical or chronological order for two years from the date of transaction. The prescribed dealer's invoices will legibly document the full, true and complete information in accordance with local and state laws applicable to the licensed business. This information includes, but is not limited to:

1. The place and date of each sale or purchase made in the conduct of his or her business.

2. The full name, valid driver's license number and state of issue or California-issued identification card number, and vehicle license number, including the state of issue, of any motor vehicle and trailer used in transporting materials. If there is no plate on the vehicle, then the vehicle identification number (VIN).

3. The name and address of each person to whom materials are sold to or disposed of, and the license number of any motor vehicle used in transporting the materials from the place of business.

4. A statement indicating either that the seller of the materials is the owner of it, or the name of the person he or she obtained it from, as shown on a signed transfer document.

5. Full name and signature of person(s) authorizing transaction.

6. Clearly legible thumbprint of the seller of the material.

(Ord. No. 13-021, § 2, 10-22-2013; Ord. 07-018, § 1; Ord. 07-015, § 2; Ord. 540-A-4, § 1, 1976; prior code, § 635)

Editor's note— Ord. No. 13-021, § 2, adopted Oct. 22, 2013, repealed § 6.24.125, which pertained to the retention of materials by junk dealers for a holding period and derived from Ord. 07-025, § 1.

Every junk dealer, secondhand dealer, used goods dealer, or combination thereof shall upon the order of the sheriff hold any specific item until the expiration of five days after the order is given unless sooner released by the sheriff.

(Ord. No. 13-021, § 2, 10-22-2013; Ord. 540-A-4, § 1, 1976; prior code, § 636)

Editor's note— Ord. No. 13-021, § 2, adopted Oct. 22, 2013, repealed § 6.24.135, which pertained to the prohibition of cash transactions and derived from Ord. 07-020, § 1.

The operator of every flea market shall keep a record of the name, address, automobile license number, driver's license number, itinerant dealer's license number if any, and a description of the kind of property being offered for sale, of each person selling goods upon the premises of the market. Such records shall be open to inspection by the sheriff at all times during business hours of the market.

(Ord. No. 13-021, § 2, 10-22-2013; Ord. 540-A-4, § 1, 1976; prior code, § 637)

The board may suspend for a limited period of time or revoke any license issued pursuant to this chapter upon finding that the licensed person has violated any provision of this chapter.

(Ord.540-A-4, § 1, 1976; prior code, § 638)

Upon the expiration of any license issued pursuant t o this chapter, the same may be renewed pursuant to the provisions of Section 6.04.104.

(Ord. 598, § 4, 1978; Ord. 540-A-4, § 1, 1976; prior code, § 639)

A state-licensed dismantler who is not required to have a junk dealer's or secondhand dealer's license, or combination thereof, pursuant to this chapter and who keeps records as required by a state license is not required to keep further records pursuant to this chapter but shall make his records available for inspection by the sheriff at all business hours.

(Ord. No. 13-021, § 2, 10-22-2013; Ord. 540-A-4, § 1, 1976)

Each license issued under this chapter shall be issued to a specific person and shall in no event be transferable from one person to another.

(Ord. 540-A-4, § 1, 1976; prior code, § 641)