Fullerton Municipal Code Ch. 3.52 Secondhand Dealers, Pawnbrokers and Junk Dealers

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

PAWNBROKER. A person engaged in conducting, managing or carrying on the business of loaning money, for himself or herself or for any other person, 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 such purchase.

(Ord. 2065, passed - -1975)

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

PAWNSHOP. Any room, store or place in which any such business described in § 3.52.010 is engaged in, carried on or conducted.

(Ord. 2065, passed - -1975)

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

SECONDHAND DEALER. A person other than an auctioneer engaged in, conducting, managing or carrying on the business of buying, selling or otherwise dealing in secondhand goods, wares or merchandise, except for a person who sells only his or her own household effects at a garage sale.

(Ord. 2065, passed - -1975)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

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, paper, metal or other articles commonly known as junk.

JUNK DEALER. A person 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 commonly known as junk.

(Ord. 2065, passed - -1975)

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

RUBBISH COLLECTOR. Any person, whether or not he or she has a fixed place of business in the city, who engages in, conducts, manages or carries on the business or collecting rags, sacks, bottles, cans, papers, metal or other refuse from persons pursuant to a contract or schedule of fees with either the person from whom subscribed or collected or with the city.

(Ord. 2065, passed - -1975)

(A) Requirement; fee. No person shall engage in, conduct, manage or carry on the business of a pawnbroker, junk dealer, junk collector, rubbish collector or secondhand dealer, or deal in secondhand merchandise, either as a business or as a part of any other business, without first applying for and receiving a permit therefor from the Chief of Police. The permit shall be issued by the Chief of Police, but only after having filed an application for a permit to engage in, conduct, manage or carry on the business of a pawnbroker, junk dealer, junk collector, rubbish collector or secondhand dealer, or deal in secondhand merchandise, either as a business or as a part of any other business. The initial application shall be accompanied by a fee of $100 to be paid to the City Treasurer to cover the cost of investigation for each permit applied for pursuant to the provisions of this chapter, and a renewal fee of $25. A copy of said application shall be promptly sent by the Chief of Police to the Business Registration Division.

(B) Application form. The form on which application shall be made for a permit hereto shall require the following information:

(1) Name of the applicant and complete physical description;

(2) Residence and business address of the applicant;

(3) A statement as to whether or not the applicant holds or has held a permit from any state, municipality, governing body or licensing authority; a list of such permits and a statement of the time, place and by whom issued; a statement as to whether any state, municipality, governing body or licensing authority has ever refused to issue or to renew a permit to the applicant and if so, a full and accurate statement as to the reasons for any such revocation;

(4) A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor or violation of any municipal ordinance and if so, the nature of the offense and the punishment or penalty assessed therefor;

(5) A photograph of the applicant taken within 60 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; and

(6) Applicant shall submit to being fingerprinted and shall submit the names of at least two reliable property owners of the county, who will certify as to the applicant’s good moral character and business responsibility, or in lieu of the names of reference, any other available evidence as to the good moral character and business responsibility of the applicant, that will enable an investigator to properly evaluate such moral character and business responsibility, except that this requirement is waived with respect to an application for renewal of a permit where a person has made a previous application under this chapter and has complied with this requirement.

(Ord. 2065, passed - -1975; Ord. 2411, passed - -1982)

(A) The Chief of Police shall conduct an investigation of the applicant’s moral character and business responsibility as he or she deems necessary for the protection of the public interests.

(B) The Chief of Police shall complete the investigation herein provided for to be made within a reasonable time and shall make a written report upon completion of said investigation and shall within 15 days either grant or deny the issuance of a permit.

(Ord. 2065, passed - -1975)

A permit issued hereunder may be revoked or suspended by the Chief of Police or an application for issuance of such permit may be refused by the Chief of Police if he or she determines:

(A) The applicant or permit holder is not an individual of good moral character and business responsibility;

(B) The application of the applicant or permit holder contains any false, fraudulent or misleading material statements;

(C) The applicant or permit holder has made any false, fraudulent or misleading material statement in the course of conducting his or her business under said permit in the city;

(D) The applicant or permit holder has perpetrated a fraud upon any person whether or not such fraud was perpetrated in the conduct of his or her business in the city;

(E) The applicant or permit holder has violated any of the statutes of the state relating to the activities engaged in by the applicant;

(F) The applicant or permit holder has been convicted of any crime or misdemeanor involving moral turpitude; grand theft, embezzlement, fraud, receiving stolen property; or

(G) The applicant or permit holder has conducted his or her activity in the city in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.

(Ord. 2065, passed - -1975)

No permit to engage in, conduct, manage or carry on any business mentioned in § 3.52.060 of this chapter shall be approved by the Chief of Police if the person for whom such permit is sought has failed, refused or neglected to comply with any law or ordinance relating to or regulating the business for which such permit is sought.

(Ord. 2065, passed - -1975)

(A) No permit authorized by this chapter shall be transferable to, or used by, a person not named in the permit as the person to whom it was issued.

(B) All permits issued pursuant to this chapter expire one year from the date of issuance.

(Ord. 2065, passed - -1975; Ord. 2411, passed - -1982)

No person may apply for any permit authorized by this chapter within one year from any denial of any such permit to such person or from the revocation of any such permit issued to such person, unless the cause of the denial or revocation has been to the satisfaction of the Chief of Police or City Manager removed within such time.

(Ord. 2065, passed - -1975)

Each person to whom a permit has been issued under this chapter shall immediately surrender his or her permit to the Chief of Police upon its revocation.

(Ord. 2065, passed - -1975)

Upon any permit required by this chapter being refused, suspended or revoked by the Chief of Police, the applicant or permittee may, within 15 days after notice thereof has been sent by certified mail, addressed to him or her at his or her address shown on his or her application, or otherwise on file with the Chief of Police, file a written request, containing his or her address, with the City Manager for a hearing by him or her to review such action. He or she shall set such hearing within 30 days from his or her receipt of any such request and send by certified mail addressed to the person making such request at the address shown therein, a notice of the time and place of such hearing at least 15 days in advance thereof. Within 30 days after the date set for such hearing, the City Manager shall direct the Chief of Police to issue, continue in effect, reinstate, refuse, suspend or revoke such permit and he or she shall act as so directed. Upon the City Manager so directing any such permit to be refused, suspended or revoked, he or she shall send notice thereof by certified mail addressed to the person who requested such review at the address shown therein. Such person may, within 15 days after such mailing of such notice, file a written request, containing his or her address, with the City Clerk, for a hearing by the Council to reconsider such refusal, suspension or revocation. Upon the receipt of any such request, the City Clerk shall set such hearing within 30 days and shall send a notice of the time and place thereof by certified mail to the person making such request at the address shown therein at least 15 days in advance of such hearing. After the date set for such hearing, the Council may order the issuance, continuance in effect or reinstatement of any such permit.

(Ord. 2065, passed - -1975)

(A) Time of making. Every pawnshop, secondhand dealer, junk collector and junk dealer, shall on a daily basis, or on the first working day after receipt or purchase of such property, make out and deliver to the Police Department on a blank form to be obtained from the Police Department by such pawnshop, secondhand dealer, junk collector and junk dealer for such purpose, a full, true and complete report of all goods or things received on deposit, pledged or purchased during the period preceding the filing of such report.

(B) Contents. Such report shall be in English and shall contain the name and place of business of the person making the same and the date and hour of the day when prepared. 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 or can be ascertained by such pawnshop, secondhand dealer, junk collector and junk dealer, of the person who left such article on deposit, or pledged or sold the same, together with a description of such person and a statement as to whether such person is under the age of 18 years. Such report shall also show the 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 settings of any kind, such report shall contain such number, word or initial, and shall show the kind of settings and the number of each kind.

(C) Confidential. The Chief of Police shall cause all reports received pursuant to the terms of this section to be filed in a secure place, and the same shall be open to inspection only by members of the Police Department, or upon order of a court of competent jurisdiction.

(Ord. 2065, passed - -1975; Ord. 2784, passed - -1991)

Every pawnbroker, secondhand dealer, junk dealer and junk collector shall keep a complete record in the English language of all goods, wares, merchandise or things pledged to or purchased or received by him or her, which record shall contain all of the matters required to be shown in the reports referred to and described in § 3.52.140 of this chapter. Every such record and all goods, wares, merchandise and things pledged to or purchased or received by any such secondhand dealer, shall be open, at all times, during business hours to the inspection of the Chief of Police or any police officer of the city.

(Ord. 2065, passed - -1975)

Every pawnbroker, secondhand dealer, junk dealer or junk collector shall maintain on the premises where said business is located a sign plainly printed in the English language of sufficient size so that the same may be easily read from the sidewalk in front of said place of business, stating that he or she is a pawn- broker, or secondhand dealer, or junk dealer, or junk collector. Where said business is conducted in a department of any building, the sign shall be placed at the entrance of said department.

(Ord. 2065, passed - -1975)

No person engaged in conducting, managing or carrying on the business of a secondhand dealer or any agent or employee of any such person shall fail, refuse or neglect to file any report or keep any record in the form, in the manner, at the time and in all respects in accordance with the requirements of this chapter, or fail, refuse or neglect to exhibit to the Chief of Police or any police officer of the city immediately upon demand for the privilege of such inspection, any such record or any goods, wares or merchandise or things pledged to or purchased or received by such person.

(Ord. 2065, passed - -1975)

No secondhand dealer shall sell or otherwise dispose of any article within 30 days after such article has been purchased or received by such secondhand dealer.

(Ord. 2065, passed - -1975; Ord. 2411, passed - -1982)

No junk dealer or junk collector shall sell or otherwise dispose of any article or thing within three days, excluding Saturday, Sunday and holidays, after such article or thing has been purchased or received by such junk dealer or junk collector.

(Ord. 2065, passed - -1975)

The provisions of this chapter concerning records and reports shall not be deemed to apply to the purchase or sale by junk dealers or junk collectors of rags, bottles other than milk or cream bottles, secondhand sacks other than cement sacks, barrels, cans, shoes, lamps or scrap iron when bought or sold for scrap, stoves or household furniture (with the exception of sewing machines, musical instruments, televisions, stereos, radios, record players or any other item bearing a serial number or other identification mark) or the purchase or sale by secondhand dealers of household furniture, with the exception of sewing machines, musical instruments, televisions, stereos, radios, record players or any other item bearing a serial number or other identification mark, or to the purchase or sale of any motor vehicle, trailer or semitrailer which has been registered in the state by law.

(Ord. 2065, passed - -1975)

No person engaged in, conducting, managing or carrying on the business of pawnbroker, secondhand dealer, junk dealer or junk collector, or any agent or employee of any such person, shall accept any pledge of or loan any money upon personal property, or purchase or receive any goods, wares or merchandise or any article or thing, or in any manner whatsoever engage in or conduct any such business between the hours of 10:00 p.m. and 7:00 a.m. of the following day.

(Ord. 2065, passed - -1975)

Notwithstanding any other provisions of this chapter, every auction house manager, pawnbroker, secondhand dealer and any merchant dealing in or offering for sale any item or items of secondhand jewelry or object of art or similar merchandise which is identifiable by number, letter, phrase, mark or other means of identification commonly recognized in trade, shall file with the Police Department the report required concerning any such item received from outside the state or received from any person, who, within 30 days prior thereto, received it from outside the state or brought it into the state. Records of such articles shall be kept as required by § 3.52.150.

(Ord. 2065, passed - -1975)

(A) If any person shall engage in, conduct, manage or carry on, at the same time, more than one of the businesses defined and referred to in this chapter, such person shall be deemed to be engaged in, conducting, managing and carrying on such business separate and apart from the other such business, and such person shall comply in all respects with the provisions of this chapter relating to each business.

(B) No one doing business as a personal property broker or pawnbroker with or without a license from the State Corporation Commissioner, shall conduct such business, or any part thereof, in the same establishment or place of business used for the transacting of any other business or in any retail wholesale store. No entrance to or exit from a place of business used by any personal property broker or pawnbroker shall open from or into any other place of business, but any such entrance or exit shall open directly onto a public street or public place, except that on any floor above the street floor in an office building an entrance to or exit from such place of business shall open directly onto the public hallway.

(Ord. 2065, passed - -1975)

Whenever any section of this chapter requires a report to the Police Department, or requires a record of any secondhand article, or shall require the holding of such article for any stated period of time by any secondhand dealer or junk dealer or anyone engaging in any business in this chapter specifically referred to, it shall also include any merchant who receives for sale, attempts to sell or displays for sale any such secondhand article for another person in expectation of receiving a commission or fee or gratuity, or reward therefor, or as an agent or broker, and each and every provision of this chapter shall thereupon be applicable to such person as though he or she were in the specific business mentioned herein.

(Ord. 2065, passed - -1975)

If any word, phrase, clause, sentence or section of this chapter is for any reason invalid, such invalidity shall not impair the validity of any other part of this chapter and the Council declares that it would have enacted each and every part of this chapter without any such invalid or any other part thereof.

(Ord. 2065, passed - -1975)

Any violation of this chapter is a misdemeanor.

(Ord. 2825, passed - -1992)