Hawthorne Municipal Code Ch. 5.52 Pawnbrokers, Secondhand Dealers, Junk Dealers and Junk Collectors

The following words and phrases, whenever used in this code, shall be construed as defined in this section:

"Junk collector"

means and includes a person not having a fixed place of business in the city, but who, personally or by representatives, 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, metals, automobile or bicycle parts, old automobiles or bicycles which are collected, bought, sold or otherwise dealt in, after being dismantled or taken apart, or other articles commonly known as "junk."

"Junk dealer"

means and includes a person having a fixed place of business in the city, and engaged in the business of buying, selling or otherwise dealing in, either wholesale or retail, any old rags, sacks, bottles, cans, papers, metals, automobiles or bicycle parts, old automobiles or bicycles which are collected, bought, sold or otherwise dealt in, after being dismantled or taken apart, or other articles commonly known as "junk."

"Pawnbroker"

means and includes a person engaging in the business of pawnbroking, or the business of loaning money for himself or for any other person, upon personal property, personal security, jewelry 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; provided, however, that nothing in this chapter shall be deemed to apply to the loaning of money on personal property or personal security by any person authorized to engage in such business under the laws of the state or of the United States.

"Pawnshop"

means and includes any room, store or place in which a person engages in the business of a pawnbroker.

"Secondhand dealer"

means and includes a person engaging in the business of buying, selling or otherwise dealing in secondhand goods, except bicycles; provided, however, that any person who receives or sells secondhand goods which are accepted in exchange for, or as part payment on new goods, and whose principal business is the selling of new goods, shall not be deemed to be a secondhand dealer.

(Prior code § 6-800)

Every person engaging in the business of pawnbroker, secondhand dealer, junk dealer or junk collector shall pay a license fee as follows:

A. Pawnbroker—$200.00 per year, or on gross receipts basis, whichever is greater;

B. Secondhand dealer—$150.00 per year, or on gross receipts basis, whichever is greater;

C. Junk dealer—$60.00 per year, or on gross receipts basis, whichever is greater;

D. Junk collector—$60.00 per year for each vehicle used in such business, or on gross receipts basis, whichever is greater.

(Ord. 1592 § 41, 1995)

Applicants for all licenses and permits required by this chapter shall comply with Chapter 5.14 and shall be referred to the chief of police, fire chief, planning commission and city manager for approval.

(Prior code § 6-802)

Every pawnbroker, secondhand dealer, junk dealer and junk collector shall keep a complete record of all goods or things pledged to, or purchased, received, sold or disposed of by him. Such record shall contain all of the matters required to be shown by Section 5.52.060.

(Prior code § 6-803)

Every such record and all goods and things pledged to, or purchased or received by, any pawnbroker, secondhand dealer, junk dealer or junk collector, shall be open at all times during business hours to the inspection of the chief of police, fire chief or any policeman, fireman or duly authorized inspector.

(Prior code § 6-804)

A. Times of Making. Every pawnbroker, secondhand dealer, junk dealer and junk collector shall, on each Monday and Thursday, before the hour of ten a.m. of said day, make out and deliver to the police department, on a blank form to be obtained from the police department by such pawnbroker, secondhand dealer, junk dealer and junk collector, 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 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 pawnbroker, secondhand dealer, junk dealer and junk collector, 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 eighteen years. Such report shall also show the number of the pawn ticket, 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 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.

(Prior code § 6-805)

It is unlawful for any pawnbroker, secondhand dealer, junk dealer or junk collector, or person employed in such business, to fail, refuse or neglect to file any report in the form, in the manner, at the time and in all respects in accordance with the requirements of Section 5.52.060, or to fail, refuse or neglect to keep any record in the form and in the manner required by Section 5.52.040, or to fail, refuse or neglect to exhibit to the chief of police or to any police officer of the city immediately upon demand any such record or any goods or things pledged to, or purchased or received by such person.

(Prior code § 6-806)

No pawnbroker, secondhand dealer, junk dealer or junk collector, or person employed in such business, shall buy, trade, exchange or otherwise acquire any goods or things, from any person under the age of eighteen years, unless a statement is first obtained from the parent or lawful guardian of such minor, stating that such parent or guardian knows, of his own knowledge, that such minor owns or has the right to sell such goods or things, and any statement made to such purchaser by any person under the age of eighteen years that he is over the age of eighteen years shall not excuse such purchaser from any violation of this provision unless such purchaser has other information which would lead a reasonable and prudent person to believe the truth of such minor's statement.

(Prior code § 6-807)

No pawnbroker, secondhand dealer, junk dealer or junk collector shall sell or otherwise dispose of any goods or things within five days after such goods or things have been received or purchased by him.

(Prior code § 6-808)

Junk dealers and junk collectors need not keep a record of, or report or hold for five days rags, bottles, secondhand sacks, barrels, cans, shoes, lamps, stoves or household furniture (with the exception of sewing machines and musical instruments) purchased or sold by them, nor must secondhand dealers keep a record of, or report or hold for five days, household furniture (with the exception of sewing machines, musical instruments and typewriters) purchased or sold by them.

(Prior code § 6-809)

No license or permit to engage in business as a pawnbroker, secondhand dealer, junk dealer or junk collector shall be granted or issued to any person who has had such a license or permit revoked within the twelve preceding months.

(Prior code § 6-810)

A copy of this chapter shall be kept conspicuously posted in the place of business of every pawnbroker, secondhand dealer, junk dealer and junk collector.

(Prior code § 6-811)