Fresno Municipal Code Art. 6 Pawnbrokers and Secondhand Dealers

(a) "Pawnbroker" is defined as a person engaged in, conducting, managing or carrying on the business of pawnbroking, or the business of loaning money, for himself or for any other person, upon personal property, or the business of purchasing articles of personal property, and reselling or agreeing to resell such articles to the vendors, or their assigns, at prices agreed upon at or before the time of such purchase.

(b) A "pawnshop" is defined to be any room, store or place in which any such business is engaged in, carried on or conducted.

(c) A "secondhand dealer" is defined as a person engaged in, conducting, managing or carrying on the business of buying, selling or otherwise dealing in secondhand goods, wares and merchandise, including radios for use in or upon automobiles, except secondhand household furniture and furnishings, as herein defined. This definition does not include secondhand or thrift stores as defined in Chapter 15.

(d) "Household furniture and furnishings" shall mean and include beds, bedding, tables, desks, chairs, stoves, ice boxes, electric refrigerators, floor coverings, crockery, glassware and kitchen and cooking utensils.

(Orig. Ord. 2600; Am. Ord. 2015-39, § 6, eff. 1-9-16).

(a) Every pawnbroker and every secondhand dealer shall, on each day, except Sundays and legal holidays, before the hour of ten o'clock in the morning, make and deliver to the Chief of Police, in writing, a full, true, and complete report in chronological order, of all dealings in secondhand goods, wares and merchandise, including radios for use in or upon automobiles, by such pawnbroker or secondhand dealer during the twenty-four hours next preceding said report, together with the time of day when purchased or received, a complete description of each article purchased or received, and a description of the person or persons from whom purchased or received, or with whom dealt, and the license number and description of any vehicle which the person or persons from whom purchased or received was or were riding in or upon, or driving, and also the true name of such person or persons as nearly as the same is known to or can be ascertained by the person making such report. If any such article purchased or received shall have engraved thereon any number, word or initial, or shall contain any setting of any kind, the description of such article shall contain such number, word or initial, and shall show the kind of setting or settings and the number of each kind.

(b) The report required herein shall be made upon a form to be furnished, upon request, free of charge by the Chief of Police. The Chief of Police shall cause blank forms to be printed, which said blank forms shall be so printed and subdivided that they shall have space for writing in the following manner, to-wit: Description of article purchased or received; amount paid for or loaned upon said property; name and residence of person or persons from whom purchased or received, showing the true name as nearly as known; age; sex; complexion; color of hair; style of dress and height of the person or persons from whom purchased or received; time of day goods purchased or received; license number, make, type and color of automobile or other vehicle driven or occupied by such person or persons; date and time of making said report; name and place of business of pawnbroker or secondhand dealer making such report.

(c) The Chief of Police, upon receipt of said report, shall file the same in his office, and said report shall be open to inspection only to members of the Police Department, or by others upon an order of a Court of competent jurisdiction made for that purpose.

(Orig. Ord. 2600).

Every pawnbroker and every secondhand dealer shall keep at his place of business a copy of every report required by Section 9-602 hereof, and such copies shall be open at all times during business hours to the inspection of the Chief of Police, or any member of the Police Department, or any officer authorized by law. Said report shall be in book form, and each transaction shall be kept in chronological order. (Orig. Ord. 2600).

Every report and record required by the provisions of this article to be filed, kept or made, shall be written or printed entirely in the English language in a clear and legible manner, and shall be made out at the time the transaction is made. (Orig. Ord. 2600).

No pawnbroker or secondhand dealer, or any agent or employee of such pawnbroker or secondhand dealer, shall fail, refuse or neglect to file a report, as required herein, in the manner, form, at the time and in all respects in accordance with the requirements of this article or shall fail, refuse or neglect to exhibit to the Chief of Police, or to any member of the Police Department, or to any officer authorized by law, immediately upon demand, any such record or report, or any goods, wares and merchandise, including radios for use in or upon automobiles, so purchased or received by such pawnbroker or secondhand dealer, or by any agent or employee of such pawnbroker or secondhand dealer. (Orig. Ord. 2600).

All goods, wares and merchandise, including radios for use in or upon automobiles, purchased or received by any pawnbroker or secondhand dealer shall be held for a period of at least fifteen days after purchase or receipt before the same shall be sold or otherwise disposed of, excepting, however, all goods, wares and merchandise, including radios for use in or upon automobiles, upon which any duly licensed pawnbroker has issued a pawn ticket in accordance with the laws of the State of California, and during said fifteen-day period all such property shall be kept separate and apart from all other goods, wares and merchandise, including radios for use in or upon automobiles, upon the premises in the possession of such pawnbroker or secondhand dealer, and all such property shall, during said fifteen-day period, be kept and exposed for police inspection during business hours. (Orig. Ord. 2600).

No person shall engage in, conduct, manage or carry on the business of pawnbroker or secondhand dealer without having a valid, existing and unrevoked permit therefor. Such permit shall be issued by the Police Chief upon application therefor. (Orig. Ord. 2600; Am. Ord. 5308, 1958; Am. Ord. 80-171, § 92, eff. 12-26-80).

If any permit holder under this article, or any agent or employee of any such person, violates or causes or permits to be violated any of the provisions of this article, the Police Chief shall, in addition to the other penalties provided by law, revoke such permit. If the permit of any person is revoked, no permit shall be granted to such person to conduct or carry on any such business within six months after such revocation. The procedures for revocation shall be those in Section 6-107, except that the only appeal shall be to the City Hearing Officer under Chapter 1, Article 4. (Orig. Ord. 2600; Am. Ord. 5311, 1958; Am. Ord. 80-171, § 93, eff. 12-26-80; Am. Ord. 81-157, § 10, eff. 12-11-81; Am. Ord. 98-65, § 3, eff. 10-1-98; Am. Ord. 2003-67, § 14, eff. 8-31-03).

No person shall engage in, conduct, manage or carry on the business of pawnbroker or secondhand dealer on Sundays and legal holidays, and between the hours of seven o'clock p.m. on each day and eight o'clock a.m. of the following morning, except that on Fridays, Saturdays and days before legal holidays and during the twenty-four days next preceding Christmas day, each such person may engage in, conduct, manage or carry on such business until the hour of nine o'clock p.m. (Orig. Ord. 2600; Rep. Ord. 6144, 1962; Added Ord. 6195, 1962).

Every person except pawnbrokers and secondhand dealers, as herein defined, having an established place of business within the city, and the servants, agents and employees of such person, who, incidentally to the principal business conducted at such established place of business, buys, sells or otherwise deals in secondhand goods, wares and merchandise, including radios for use in or upon automobiles, or in anywise participates as agent, broker or otherwise in the buying, selling or otherwise dealing in secondhand goods, wares and merchandise, including radios for use in or upon automobiles, shall, within twenty-four hours after buying, purchasing or otherwise receiving such goods, wares and merchandise, including radios for use in or upon automobiles make out and deliver to the Chief of Police, upon forms to be furnished by the Police Department, a written report of such purchase and receipt, which said report shall include the following information: Date and hour purchased or received; description of the person or persons from whom purchased or received; the true name and address as nearly as the same is known to or can be ascertained by the person or persons receiving or purchasing said property; circumstances under which purchased or received; license number and description of the vehicle driven or occupied by the person or persons from whom said goods were purchased or received; purchase price paid, if any, and a full and complete description of the goods, wares and merchandise, including radios for use in or upon automobiles, or other articles of personal property purchased or received.

(Orig. Ord. 2600).

No person, except pawnbrokers and secondhand dealers, as herein defined, having an established place of business within the city, and the servants, agents and employees of such person, shall allow, permit or encourage any person who is not licensed hereunder as a pawnbroker or secondhand dealer to buy, sell or otherwise deal in secondhand goods, wares and merchandise, including radios for use in or upon automobiles, in or about such established place of business.

(Orig. Ord. 2600).

(a) No pawnbroker or secondhand dealer of the city, as defined herein, shall engage in the business of a pawnbroker or secondhand dealer within the city, without first obtaining a permit therefor from the Chief of Police in compliance with the provisions of this section.

(b) Every such pawnbroker and secondhand dealer shall file an application for a permit signed by the applicant with the Chief of Police showing the following:

(1) Permanent home address and full local address of the applicant;

(2) A brief description of the nature of the business and the goods to be sold;

(3) A photograph of the applicant, taken within sixty days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner;

(4) The fingerprints of the applicant;

(5) A statement as to whether or not the applicant has ever been convicted of any crime or misdemeanor, and if so, the details in general of such convictions, and specifying the particular crimes or misdemeanors involved and the dates and places of such convictions.

(c) The provisions of this section shall be applicable to all pawnbrokers and secondhand dealers who shall be engaged in business in the City of Fresno on and after July 1, 1956.

(d) Any person aggrieved by the action of the Police Chief in denying a pawnbroker or secondhand dealer's permit may appeal to the Chief Administrative Officer in accordance with the provisions of Chapter 1, Article 4, of this Code. If no appeal is filed within the time prescribed, the action of the Police Chief shall be final.

(Added Ord. 4854, 1956; Am. Ord. 2003-67, § 27, eff. 8-31-03).

(a) The provisions of this article shall not apply to any person who sells or deals in secondhand goods, wares or merchandise which have been donated to said person or the organization which he represents. A donation occurs, for the purpose of this article, when a gift is made to the person or his organization for which gift no money, property or other thing or service of value is exchanged or to be received in the future.

(b) The provisions of this article shall not apply to electronic resale, general retail, and large-format retail businesses.

(Added Ord. 6144, 1962; Am. Ord. 2022-033, § 1, eff. 11-26-2022)