Jackson Municipal Code Ch. 5.44 Pawnbrokers and Secondhand Dealers

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Pawnbroker.

As used in this title, "pawnbroker" means and includes any person engaged in the business of receiving goods in pledge as security for a loan.

"Secondhand dealer"

shall have the meaning ascribed to it by Business and Professions Code Section 21626.

"Tangible personal property"

shall have the meaning ascribed to it by Business and Professions Code Section 21627.

(Ord. 586 §1, 1996)

A. Prior to the granting of any license to engage in any business defined in Business and Professions Code Section 21626, the applicant shall file with the chief of police a written, completed and signed application setting forth all of the information required by the State of California and such other information as the chief of police may reasonably require to enforce this chapter.

B. Every application for a license shall be accompanied by a nonrefundable application fee in the sum of seventy-five dollars.

C. This application fee shall be in addition to any other business license fee or permit fee imposed by the Jackson Municipal Code.

D. Renewal of a license is required yearly and must be accompanied by a nonrefundable application fee of twenty-five dollars. A renewal application fee is in addition to any other business license fee imposed by the Jackson Municipal Code.

(Ord. 586 §1, 1996)

A. It is unlawful for a person to conduct or operate a business such as that mentioned in this chapter except in the location specified in the permit. A business for which a permit must be obtained and maintained pursuant to this title may only be established and conducted at a location for which such use is authorized under the comprehensive zoning ordinance of the city.

B. Nothing in this title is intended to allow an applicant to operate a business for which a permit is required under this title in a location, building or structure that does not comply with the requirements of the zoning ordinance, building code, or other local, state or federal regulations or laws.

(Ord. 586 §1, 1996)

A. In addition to the information required by Section 5.44.020, the applicant and any proposed employees at the time of filing his or her application shall be fingerprinted by and his or her record filed in the police department. Upon the receipt of the application, the chief of police shall cause an investigation to be made of the criminal record, if any, and business practices of the applicant and any proposed employees. In the event the applicant or any proposed employee fails such background investigation a license shall be denied by the chief of police, subject to appeal as set forth in Section 5.44.120.

B. The duties and responsibilities imposed by this title upon the chief of police may be assigned or delegated by the chief to such employees or representatives of the police department as the chief deems necessary and appropriate.

(Ord. 586 §1, 1996)

Every secondhand dealer shall keep or cause to be kept at the place of business a well-bound book containing the secondhand dealer's copy of all completed forms upon which daily reports of transactions involving tangible personal property have been made pursuant to Business and Professions Code Section 21628 and Financial Code Section 21208.

(Ord. 586 §1, 1996)

The reporting forms required to be bound by Section 5.44.050 shall be numbered, and a tag corresponding to the number must be firmly attached to all tangible personal property taken into possession.

(Ord. 586 §1, 1996)

A. All tangible personal property shall, during the thirty-day holding period required by the Business and Professions Code Section 21636, be maintained intact in a particular location in the place of business designated for that purpose.

B. A federal licensed firearms dealer engaged as a pawnbroker or secondhand dealer is exempt from holding a firearm for the period of time stated in this section whenever the firearm is received for shipment to another person, as defined in Public Law 90-618; provided, that an accurate description of the firearm, the name and address of the person delivering the firearm to the pawnbroker or secondhand dealer, and the name and address of the person to whom the firearm is to be shipped is furnished to the police department five days prior to initiating shipment of the firearm.

(Ord. 586 §1, 1996)

All pawned articles and the records pertaining thereto shall, upon demand, be exhibited to any sheriff, police officer, constable or other peace officer, and shall not in any manner be concealed.

(Ord. 586 §1, 1996)

A. No secondhand dealer or any agent or employee thereof shall receive in pawn, purchase, exchange, or otherwise take into possession any tangible personal property from any person who shall appear to be or who is known to be intoxicated, or from any minor under the age of eighteen years.

B. Subject to the provisions of Penal Code Section 501(a) and Financial Code Section 21207, this prohibition shall not apply to a minor where the minor dealing with the secondhand dealer presents the written consent of his or her parent or guardian, duly signed, authorizing the particular transaction with the secondhand dealer. Such written consent shall be retained by the secondhand dealer dealing with such minor and shall be exhibited upon demand to any peace officer making inquiry.

(Ord. 586 §1, 1996)

No person doing business as a pawnbroker or secondhand dealer shall engage in, permit or allow any other person to engage in or permit the checking of baggage in the immediate premises occupied as the place of business of such pawnbroker or secondhand dealer. The term "immediate premises," as used in this section, shall mean and include all rooms, hallways, closets, stairways or basements having the same street number or common entrance and exit with the licensed premises.

(Ord. 586 §1, 1996)

A. Whenever it shall appear by the oath of the person claiming to be the owner that certain of his or her property has been sold by another without any authority to any person conducting any business provided for in this chapter, it shall be the duty of the chief of police to make an investigation concerning the ownership of the property and to determine that no collusion exists between the claimant and the persons who pawned or sold the article in dispute.

B. In the event the police department finds that the person who makes the claim to the property described in the complaint is the lawful owner of such property and entitled to its possession, they shall notify the person of this finding and it shall be the duty of such person to return to the owner, without charge or expense of any kind, any property received from a person not authorized to sell the property. Failure to return such property as ordered will be sufficient grounds upon which to cancel the license and revoke the permit to do business.

C. Before any license shall be canceled for the failure to return property claimed by a third person, written charges shall be preferred against the holder of the license and the matter shall be heard and determined by the city council, at which hearing all parties interested may appear and present testimony in support of their respective contentions.

(Ord. 586 §1, 1996)

A. The license of any pawnbroker or secondhand dealer shall be subject to forfeiture as provided in Business and Professions Code Section 21642. Such revocation shall become effective upon service of written notification by the chief of police that the license for such pawnbroker or secondhand dealer has been forfeited.

B. Any person aggrieved by such revocation may appeal the matter. Any such appeal shall be before a qualified neutral hearing officer appointed by the city manager under rules of procedure established by the hearing officer. The decision of the hearing officer on any such appeal shall be final.

(Ord. 586 §1, 1996)

Any person who violates any provision of this chapter is guilty of an infraction.

(Ord. 586 §1, 1996)