Inyo County Municipal Code Ch. 5.08 Junk Dealers, Foundries and Similar Businesses

The following words, as used in this chapter, shall have the signification attached to them in this section, unless otherwise clearly apparent from the context:

"Foundry"

means any place, within the county, where metal of any type or description is cast;

"Itinerant junk dealer"

means any person who goes about from house to house or place to place, gathering, receiving, collecting, buying or otherwise acquiring, selling or otherwise dealing in secondhand articles, goods, wares or merchandise of any type or description;

"Junk dealer"

means any person other than a licensed secondhand mining supply dealer, as defined in subsection E of this section, or a licensed pawnbroker, having a fixed place of business in the county, who carries on, conducts, maintains or engages in the business of buying or otherwise acquiring, or selling, or otherwise disposing of, or otherwise dealing in secondhand articles, goods, wares or merchandise of any type or description;

"Person"

means and includes both the singular and plural, and means any person, copartnership, association, firm, club, society or corporation;

"Secondhand mining supply dealer"

means any person, having a fixed place of business in the county, other than a licensed junk dealer, itinerant junk dealer, foundry or pawnbroker, who carries on, conducts, maintains or engages in the business of buying, acquiring, reconditioning, renting, selling, disposing of, or otherwise dealing in new and usable secondhand mining supplies, equipment and machinery.

(Ord. 24 § 1, 1942)

It is unlawful for any person to act as a junk dealer within the county without first making an application for and receiving from the county board of supervisors a license to act as a junk dealer. It is unlawful for any person to act as an itinerant junk dealer within the county without first making an application for and receiving from the county board of supervisors a license to act as an itinerant junk dealer. It is unlawful for any person to operate or maintain a foundry within the county without first making an application for and receiving from the board of supervisors a license to operate and maintain a foundry. It is unlawful for any person to carry on, maintain or engage in the business of a secondhand mining supply dealer within the county without first making an application for and receiving from the board of supervisors a license to act as such secondhand mining supply dealer.

(Ord. 24 § 2, 1942)

A. Any person desiring any of the licenses referred to in Section 5.08.020 shall make application to the board of supervisors upon blanks furnished therefor. If the application is made by an individual he shall make oath that the contents of the application are true, and the contents of the application shall include the name and age of the applicant, his present address or addresses, and the name under which, and the place where the applicant has conducted a similar business within twelve months immediately preceding the date of the application. If the application is made by any person other than an individual, the application for a license shall be made by the general manager thereof, or by one having the authority of a general manager. In such case the application shall state the true name of the organization, the date of its organization, its type, the location of its principal place of business, the names and addresses of its officers, or, in the case of a copartnership, the names and addresses of all the partners. The applicant, at the request of the sheriff, shall accompany such application with photographs and fingerprints of all the individuals who are to be actually engaged in the buying or otherwise acquiring of secondhand goods, wares and merchandise for the business for which the license is requested. In the event any other person, after the license has been granted, shall be engaged in the management, buying or otherwise acquiring of such goods, wares and merchandise, the licensee shall furnish to the sheriff on request the photograph and fingerprints of such person. No license shall be issued until any such demand has been complied with, and any license which has been issued shall be suspended or revoked if the licensee does not, within a reasonable time, comply with the provisions of this paragraph.

B. The license applied for shall not be issued to the applicant until the sheriff, after investigation, shall file a report upon such application designating whether or not the applicant is a proper person to be granted the license applied for. The sheriff shall be allowed sixty days from the date of the application, if he desires, within which to file such report.

(Ord. 24 § 3, 1942)

The board of supervisors may suspend for a limited period, or it may revoke, a license issued pursuant to the terms and conditions of this chapter, upon receiving legal evidence that the person holding the license has been convicted of any violation of this chapter, or of any other ordinance or law of the county or state relating to any business for which a license is required by this chapter, or has conducted his business in an unlawful manner.

Whenever a license is suspended under the terms and provisions of this section, an application may be made for reinstatement of the license after, but not before, the expiration of a period of thirty days from the date of the suspension. Whenever a license is revoked under the provisions of this section an application may be made for a license provided for by this chapter after, but not before, the expiration of a period of ninety days from and after the date of the revocation.

(Ord. 24 § 4, 1942)

A. The fee required for a license to act as a junk dealer shall be twenty dollars per year. A separate license shall be required for each place within the county.

B. The fee required for a license to act as an itinerant junk dealer shall be ten dollars for each quarter or part thereof for each truck, wagon and/or other vehicle used in the business of itinerant junk dealer.

C. The fee required for a license to operate and maintain a foundry shall be twenty dollars per year. A separate license shall be required for each foundry operated within the county.

D. The fee required for a license to act as a secondhand mining supply dealer shall be twenty dollars per year. A separate license shall be required for each place of business within the county.

E. A person to whom a license is issued under this chapter shall have the right under such license to employ one or more individuals to assist in the operation of the business for which the license is granted.

F. No license issued under the provisions of this chapter shall be transferable, and it is unlawful, except as provided in subsection E of this section, for any person to operate or conduct any business for which a license is required by this chapter.

(Ord. 24 § 5, 1942)

A. Every person acting as a junk dealer, an itinerant junk dealer or a secondhand mining supply dealer, or operating or maintaining a foundry shall mail or deliver daily to the county sheriff on the original and duplicate of the triplicate blank forms that will be obtainable from the sheriff for such purpose, a full, true and complete report, written or printed in the English language in a clear and legible manner, of all secondhand articles, goods, wares and merchandise purchased or otherwise acquired, upon any terms or conditions or for any purpose or purposes whatever, during the day preceding the mailing or delivering of such report. The report shall show with respect to each item the following particulars:

1. A complete description of the same, including the manufacturer's tradename or brand, if any, its size and color, and if the item has engraved thereon any number, word or initial, or contains any settings of any kind, the description shall include such number, word or initial and the kind of settings, if any, and the number thereof;

2. The cost of each item or, if the item is acquired on an exchange, a brief description of the item exchanged for it;

3. The true name and address, as nearly as the same is known to or can be ascertained by such licensee and if possible, the personal signature of the person or persons from whom such article was received or purchased or otherwise acquired, together with a full and complete description of such person, or persons, such as height, weight, color of eyes, color of hair, dress and occupation;

4. If the item is delivered or received from a vehicle, its license number, if any, and its type and color; provided, however, that such report shall not be required in transactions between licensees under this chapter as to property theretofore released, in accordance with Section 5.08.100.

B. Each person required to make the foregoing report shall retain the triplicate copy thereof as a permanent record at the place of business of said person, if said person has a place of business, otherwise at the residence of said person. The triplicate copies shall be open for inspection at all times during business hours to any law enforcement officer, his agent, deputy or investigator.

C. Each of said persons shall also keep a permanent record showing the following particulars relative to the disposition of all secondhand articles, goods, wares and merchandise disposed of by said person:

1. Date of disposition;

2. Place of disposition; and

3. Name and address of the person buying or otherwise acquiring it; which record shall be open for inspection at all times during business hours to any law enforcement officer or his regularly paid deputies.

D. The permanent records required by this section shall be kept and retained for a period of five years.

(Ord. 24 § 6, 1942)

It is unlawful for any person to transport out of the county any property covered by this chapter without first having the same inspected and released by the county sheriff.

(Ord. 24 § 7, 1942)

The sheriff shall file all reports delivered to him pursuant to the provisions of Section 5.08.060 in a secure place in his office, and they shall be open for inspection to any law enforcement officer, his agent, deputy or investigator.

(Ord. 24 § 8, 1942)

It is unlawful for any person to use a fictitious name or incorrect address in any report made pursuant to the provisions of this chapter.

(Ord. 24 § 9, 1942)

It is unlawful for any licensee under this chapter to sell or otherwise dispose of any secondhand articles, goods, wares or merchandise of any type or description within seven days after the report of the same is made to the sheriff pursuant to the provisions of Section 5.08.060; provided, however, that if the article, goods, wares or merchandise are fit for the use for which they were originally intended or made, it is unlawful to sell or otherwise dispose of the same within twenty-one days after the report of the same is made to the sheriff, pursuant to the provisions of Section 5.08.060. The sheriff is authorized to release any property covered by this chapter which he inspects and is satisfied that the same is in the lawful possession of such person, regardless of whether any waiting period, as provided by this chapter, has expired; and provided further that as between licensees under this chapter, such waiting period shall not apply to property heretofore released in accordance with this section.

(Ord. 24 § 10, 1942)

It is unlawful, prior to the time that any articles, goods, wares or merchandise may be lawfully disposed of, to clean, alter, repair, paint or otherwise change the appearance of the same, or to fail to expose the same to public view at all times during business hours.

(Ord. 24 § 11, 1942)

It is unlawful for any person acting as a junk dealer, itinerant junk dealer or secondhand mining supply dealer or operating or maintaining a foundry, to purchase or otherwise acquire any secondhand articles, goods, wares or merchandise of any type or description offered said person by any minor under the age of eighteen years.

(Ord. 24 § 12, 1942)

The provisions of Section 5.08.060 shall not apply to the purchase, or acquirement by other means, by persons acting as junk dealers or itinerant junk dealers, or operating or maintaining a foundry, of the following secondhand articles, goods, wares and merchandise: Rags, bottles, sacks in lots of fifty or less, barrels, cans and newspapers.

(Ord. 24 § 13, 1942)

It is unlawful for any person acting as a junk dealer, itinerant junk dealer, secondhand mining supply dealer, or operating or maintaining, a foundry, to purchase or otherwise acquire secondhand articles, goods, wares or merchandise within the county between the hours of six p.m. of one day and seven a.m. of the next succeeding day, or on Sunday or on a legal holiday.

(Ord. 24 § 14, 1942)

It is unlawful for any person acting as a junk dealer to also act as an itinerant junk dealer without obtaining a license to act as an itinerant junk dealer; provided, however, that a person acting as a junk dealer may use motor or other vehicles if incidental to his business as a junk dealer without having to obtain a license to act as an itinerant junk dealer.

(Ord. 24 § 15, 1942)

A. Each person obtaining a license to act as an itinerant junk dealer shall receive from the county tax collector, upon the payment of his fee for the license, an identification card containing the name, address, license number, description of license, the period for which the license is issued, and the words "itinerant junk dealer." This card shall be carried by said person at all times while acting as an itinerant junk dealer, and it is unlawful for any person to act as an itinerant junk dealer unless he carries such card.

B. In the event a licensee employs buyers for his business, then each of such buyers shall carry a like identification card setting forth the name, address and license number of the licensee, and the name, address and description of such buyer.

C. Each person obtaining a license to act as an itinerant junk dealer shall also receive from the county tax collector, upon the payment of his fee for the license, a circular metal license tag for each vehicle used by him in his business, containing the same number as the identification card issued to him and the period for which the license was issued, and the words "itinerant junk dealer." One of the tags shall be attached in a conspicuous place to the body of each vehicle used in the business, and it is unlawful for any person acting as an itinerant junk dealer to use any vehicle in his business unless he has such a tag attached thereto.

D. The identification cards and tags referred to in this section are not transferable and it is unlawful for any person to transfer to another his identification card or any of his tags, and it is unlawful for any person to use an identification card or tag that has not been issued to him.

(Ord. 24 § 16, 1942)

Upon the expiration of any license issued under the provisions of this chapter the holder thereof shall be entitled to a new license for the ensuing year without making an application for a new license upon the payment of the required license fee; provided the sheriff has endorsed upon the old license his approval of this issuance of a new one for the ensuing year.

(Ord. 24 § 17, 1942)

Every person violating or failing or neglecting or refusing to comply with any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in Section 1.20.010. Each such person is guilty of a separate offense for each day during any portion of which the violation of, or failure, neglect or refusal to comply with any of the provisions of this chapter is committed, continued or permitted by such person.

(Ord. 24 § 19, 1942)