La Mesa Municipal Code Ch. 10.95 Secondhand Dealers

The city council of La Mesa finds that secondhand businesses provide a means of disposing of stolen goods. Investigation by police agencies reveals that new, used and stolen property are acquired and sold by secondhand businesses. Because secondhand businesses can be ready vehicles for the disposal of stolen goods, such businesses should be subject to controls which will decrease the potential traffic in such stolen goods.

(Ord. 2265; June 25, 1981)

It is the intent of this chapter to preclude secondhand businesses from being depositories for stolen goods by providing control over the goods purchased and sold by secondhand businesses, especially such goods that are subject to theft and subsequent disposal by way of sale.

(Ord. 2265; June 25, 1981)

For the purposes of this chapter, the following definitions shall apply:

A. A secondhand dealer, as defined, includes any person, copartnership, firm, or corporation whose business is buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning or auctioning secondhand personal property. Any person owning 10 percent or more of the stock in a corporation engaged in the secondhand dealer business is considered to be a secondhand dealer and must be named in the application.

B. Secondhand property means personal property of which prior use has been made and also includes, but is not limited to, the following:

(1) All secondhand tangible personal property which bears a serial number or personalized initials or inscriptions or which at the time it is acquired by the secondhand dealer, bears evidence of having had a serial number or personalized initials or inscription.

(2) All personal properties commonly sold by secondhand dealers which statistically is found through crime reports to the Attorney General to constitute a significant class of stolen goods. A list of such personal property shall be supplied by the Attorney General to all local law enforcement agencies. Such list shall be reviewed periodically by the Attorney General to insure that it addresses current problems with stolen goods.

C. "Doing business" means engaging in the business of a secondhand dealer in the city of La Mesa, County of San Diego.

(Ord. 2265; June 25, 1981)

The procedure to follow, except as otherwise provided herein, in obtaining a license is that set forth in Title 6, Chapter 6.05, La Mesa Municipal Code. No additional fee shall be charged for this license.

(Ord. 2265; June 25, 1981)

At the end of each day every dealer shall file with the chief of police properly completed "buy form" records for all property received during such day by such dealer. Such "buy form" records shall be on forms furnished by the dealer. The "buy form" records shall be made in four parts, written, printed or typed in a legible manner. The "buy form" shall contain the following information:

(a) The name of the person from whom the goods were purchased, together with the address, and description of the person from whom such goods were purchased and the license number and description of the vehicle in which the goods were delivered to the dealer.

(b) A description of the thing or things purchased by the name of the article, the name of the manufacturer, if known, and serial number or numbers, and initials or identifying marks or inscriptions if the article is one which is identified by such numbers, initials, marks or inscriptions.

(c) A copy of each "buy form" record shall be kept on file at the place of business of the licensee for a period of thirty (30) days.

(Ord. 2265; June 25, 1981)

The chief of police shall maintain a file of all records received pursuant to the terms of this chapter for a period of two years and such records shall be open to inspections by any peace officer of this State.

(Ord. 2265; June 25, 1981)

Except as otherwise provided herein:

(a) Every dealer shall retain in his possession for a period of thirty (30) days after acquisition by him all secondhand personal property prior to any sale or disposal.

(b) The thirty day holding period shall commence with the date that the "buy form" report of its acquisition is filed with the Chief of Police by the dealer. Under such conditions as he may require, the Chief of Police or his agents may for good cause authorize prior disposition of any such property in lieu of holding the property for the prescribed thirty days.

(c) This section shall not apply to antiques or secondhand property which a dealer has acquired from another person who, under applicable state and/or local laws, shall have previously held such antiques or secondhand property for the period prescribed by such laws. The dealer acquiring such property shall, upon demand by the Chief of Police or his agents, present satisfactory records that such antiques or secondhand property shall have been held for such required period.

(Ord. 2265; June 25, 1981)

A secondhand dealer shall not allow any secondhand property pledged to or purchased by him to be cleaned, altered, repaired, painted or otherwise changed in appearance until such secondhand property has been held for the time required by this chapter or unless released by the Chief of Police or his agents.

(Ord. 2265; June 25, 1981)

The Chief of Police or his agents may release any property required to be held by this chapter, if after an inspection he is satisfied that such property is in the lawful possession of the secondhand dealer.

(Ord. 2265; June 25, 1981)

The Chief of Police or his agents may place a hold-order for a period of thirty days upon any property acquired by the secondhand dealer in the course of his business and upon release of such property the Chief of Police or his agents may require the secondhand dealer to 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 a record of any other method of disposition. The secondhand dealer shall keep for two years any record required under this section.

(Ord. 2265; June 25, 1981)

A secondhand dealer shall not export from this County any secondhand property pledged to or received by such secondhand dealer in his capacity as secondhand dealer until the Chief of Police or his agents have inspected and released such property.

(Ord. 2265; June 25, 1981)

The following are excluded from the operation of this chapter:

(a) Secondhand motor vehicles the transfer of ownership of which is required to be made a matter of record with the California Motor Vehicle Department pursuant to the Vehicle Code, except that the records of dealers of purchases and sales of such articles made within the County shall be open to the inspection of the Chief of Police or his agents.

(b) Receipt or sale of a secondhand article by any person that received such secondhand article as part payment of a new article, if such person is the authorized representative or agent of the manufacturer of or regularly deals in the new article sold.

(c) Any person acting as a dealer for the exclusive benefit of any community chest fund, foundation, or corporation organized and operated for religious, hospital, or charitable purposes and not conducted for a profit, where no part of the gross receipts or net earnings inure to the benefit of any private shareholder or person participating in the organization or conduct of the sale or exchange, is exempted from the provisions of this law.

(d) This section shall not apply to antiques or secondhand property which a dealer has acquired from another person who, under applicable state and/or local laws, shall have previously reported such antiques or secondhand property to the appropriate police agency. The dealer acquiring such property shall, upon demand by the Chief of Police, or his agents, present satisfactory records of such prior reporting.

(e) Tangible personal property acquired pursuant to provisions of Business and Professions Code Section 21629.

(Ord. 2265; June 25, 1981)

Any person violating the provisions of this Chapter shall be deemed guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed Five Hundred Dollars ($500) or by imprisonment for a period of not more than six (6) months in the County Jail or by both such fine and imprisonment.

(Ord. 2265; June 25, 1981)