Hawaiian Gardens Municipal Code Ch. 5.34 Secondhand Dealers, Auctioneers, Pawnbrokers and Cash for Gold Businesses

No owner, or agent or employee of an owner, shall accept any pledge, or loan any money on personal property, or purchase or receive goods, wares, merchandise, gold or other precious metals, or any article or thing whatsoever, or in any manner whatsoever engage in or conduct business of secondhand sales, pawnbroker or cash for gold between 7:00 p.m. of any day and 7:00 a.m. of the following day.

(Ord. 547 § 1, 2013; Ord. 412 § 3, 1993)

In addition to other provisions of this business license law, secondhand dealers, auctioneers, junk dealers, pawnbrokers, cash for gold, and operators or owners of every swap meet shall be subject to the following provisions and none of the foregoing shall violate the same:

A. Each of the foregoing shall at the close of each day mail to the Law Enforcement Agency of the City a "buy-form" or other form as required by said Law Enforcement Agency for the purpose of recording and furnishing by said person to said Law Enforcement Agency required information relative to purchases, pledges or consignments. Such forms shall contain a full, true and complete report of all goods, wares, merchandise, gold or other precious metals, or other things received on deposit, pledged or purchased during that day, except household furniture, used tires, used batteries, where the foregoing accepted items were taken in part payment for new items thereof, and except merchandise originally sold new by said person and subsequently taken as at trade-in on other merchandise sold by the same person, and shall also contain other information which the Law Enforcement Agency may reasonably require where the same will assist said Agency in the detection of stolen property.

B. Every such person shall enter upon the "buy-form" positive identification furnished by the seller, pledgemaker or consignee, such as a driver's license number, work badge number, auto or truck license number, junk collector's business license number, in addition to the individual's true name and address. In lieu of the positive identification, the licensee shall require the seller, pledgemaker or consignee to furnish a plain impression print of his/her right index finger, or next finger in the event of amputation, upon the face side of the original sheet of the "buy-form."

C. Every person who sells, pledges or consigns any property to a secondhand dealer, auctioneer, junk dealer, pawnbroker, cash for gold, or owner or operator of a swap meet in the course of said business, except household furniture, used tires or used batteries taken in part payment for new tires or new batteries and except merchandise originally sold new by the aforementioned business licensees and subsequently taken as a trade-in on other merchandise sold by the same business licensee, shall furnish true, positive identification to the business licensee by which such person can be located by the Law Enforcement Agency of the City.

D. Every such business licensee as aforementioned shall preserve for a period of at least two years a copy of said form which shall be a carbon copy, facsimile or photo static record of the original writing furnished to the Law Enforcement Agency.

(Ord. 547 § 1, 2013; Ord. 412 § 3, 1993)

A. Secondhand dealers, auctioneers, junk dealers, pawnbrokers, cash for gold, and owners and operators of swap meets shall not melt, destroy, sell or otherwise dispose of any article, goods, wares, merchandise, gold or other precious metal, or thing obtained or used in said business where a report of the acquisition of the same has been required until 30 days after making a report to the Law Enforcement Agency as required in this chapter and until said time has so elapsed, said business licensee shall not clean, alter, repair, paint or otherwise change the appearance of said articles.

B. The Law Enforcement Agency may release any property held during said period if satisfied that such property is in the lawful possession of said business licensee. In addition, the Law Enforcement Agency may place a "hold-order" upon any such property so held during said period by such a business licensee where the said property may be stolen, which said hold-order shall not exceed a period of 90 days and upon release of such hold-order the business licensee shall keep a true record of such property and include therewith the true name and address of the person to whom such property was sold or any other method of disposition. No person shall sell, destroy or otherwise dispose of any property while subject to such a hold-order.

(Ord. 547 § 1, 2013; Ord. 412 § 3, 1993)

The aforementioned provisions in respect to the destruction, sale or disposal of property shall not apply to the following:

A. Property purchased from a business licensee holding a similar City license, if in the sale of such property the business licensee had complied with all of the provisions of this chapter, except in the case of purchases made by junk dealers from junk collectors;

B. Property purchased on a bill of sale or invoice from a regularly established place of business which has been dealing in that type of article for not less than two years;

C. Purchases 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, stoves, or household furniture (with the exception of sewing machines and musical instruments) or the purchase or sale by secondhand dealers of household furniture, with the exception of sewing machines, all musical instruments and typewriters. This exemption shall also exempt the foregoing from the provisions of Section 5.34.020(D).

(Ord. 547 § 1, 2013; Ord. 412 § 3, 1993)