Lodi Municipal Code Ch. 5.20 Pawnbrokers, Junk 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:

A. "Junk collector" means a person not having a fixed place of business in the city who goes from house to house or place to place gathering, collecting, buying, selling or otherwise dealing in rags, sacks, bottles, cans, paper, metal or any other articles commonly known as junk.

B. "Junk dealer" means a person having a fixed place of business in the city and engaged in conducting, managing or carrying on the business of buying, selling or otherwise dealing in either at wholesale or retail, rags, sacks, bottles, cans, paper, metal or other articles commonly known as junk.

C. "Pawnbroker" means a person engaged in conducting, managing or carrying on the business of pawnbroking or the business of loaning money for himself or any other person upon pawns 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.

D. "Pawnshop" means any room, store or place in which any business mentioned in subsection C of this section is engaged in, carried on or conducted.

E. "Secondhand dealer" means a person engaged in conducting, managing or carrying on the business of buying, selling or otherwise dealing in secondhand goods, wares or merchandise; provided, however, that any person who is engaged in the business of selling genuine antique articles which are purchased by such person directly from a wholesale dealer in such articles, or which are imported into the United States of America by such person, shall not be a "secondhand dealer" by reason of engaging in such business.

(Prior code § 16-1)

It is unlawful for any person to engage in, conduct, manage or carry on the business of a pawnbroker, or the business of buying gold, silver or jewelry, or the business of a secondhand dealer, or the business of a junk dealer or junk collector, without first applying for and receiving a permit therefor, in writing, from the chief of police.

(Prior code § 16-2)

Any person desiring to obtain a permit required by Section 5.20.020 shall file with the chief of police an application, in writing, therefor signed by the applicant and specifying by street and number the place where such business is proposed to be conducted or carried on and the residence address of the applicant.

(Prior code § 16-3)

The fingerprints and a photograph of each applicant for a permit under this chapter shall be taken by the chief of police and affixed to the application to become a part thereof.

(Prior code § 16-4)

No permit required by this chapter shall be granted by the chief of police to any person who fails, refuses or neglects to comply with all laws and ordinances of the city relating to and regulating the business for which such permit is sought, or to any person who has been convicted of an offense involving the theft of property.

(Prior code § 16-5)

A. If any person is aggrieved by any ruling of the chief of police upon any application filed pursuant to the provisions of this chapter, he may file a petition with the city manager, setting forth the full content of the application filed with the chief of police, the action taken thereon by the chief of police and the reasons why it is believed the chief of police acted improperly or failed to act properly.

B. The city manager shall within not less than five days from the date on which such appeal is filed with him hear the appellant and his witnesses and shall determine the same. The ruling of the city manager thereon shall be final.

(Prior code § 16-6)

A copy of the permit issued by the chief of police under this chapter, to which shall be affixed a copy of the photograph referred to in Section 5.20.040, shall be kept conspicuously posted in the place of business of every pawnbroker, secondhand dealer, junk dealer and gold, silver and jewelry buyer.

(Prior code § 16-7)

In the event that any person holding a permit under this chapter violates or causes to be violated any provision of this chapter or any provision of any other ordinance of the city or of any law relating to or regulating any such business, the chief of police shall revoke the permit and, in such event, no further permit shall be granted to any such person within twelve months after such revocation. Before any permit shall be revoked, the chief of police shall direct a registered letter to the permittee at the address given on the permit, stating that the permit shall become null and void on and after the fifth day from the date on which the letter is deposited in the United States Post Office in the city. Such permit shall become null and void on the date named in accordance with the provisions of this section.

(Prior code § 16-8)

It is unlawful for any person conducting or carrying on any business named in Section 5.20.020, or for any agent or employee of any such person, to alter, deface, sell or otherwise dispose of any article or thing within twenty-one days after such article or thing has been received or purchased by such person.

(Prior code § 16-9)

All goods and articles purchased or received for pawn, pledge or deposit shall be, until sold or disposed of, kept in separate containers on the outside of which is written in ink the number corresponding to the number of the report made in accord with Section 5.20.120 and the date of purchase.

(Prior code § 16-10)

Every person required to have a permit under this chapter shall keep a complete record and description of all goods, wares, merchandise or things pledged to or purchased or received by him, which record shall contain all information required by Section 5.20.120. Such record shall be open at all times during business hours to the inspection of the chief of police or any police officer of the city.

(Prior code § 16-11)

Every person having a permit under this chapter shall comply with reporting requirements as set forth in Business and Professions Code Section 21628 as worded as of the effective date of the ordinance from which this section derives or as thereafter amended.

(Ord. 1333 § 1(4)(B), 1984: prior code § 16-12)

It is unlawful for any person holding a permit issued under this chapter to buy from or loan money to, upon a pawn or pledge, or to receive as a deposit, goods, wares or merchandise from any person under the age of twenty-one years.

(Prior code § 16-13)

A. In all cases where a claim is made to property pawned with or sold to a person holding a permit issued pursuant to this chapter, by a person claiming to be the owner of the property and asserting that the property was stolen, the chief of police shall, after a hearing upon notice, determine the validity of such claim and the immediate disposition which should be made as to the possession of the claimed property. If the chief of police determines that such property was stolen, that the claimant is the owner of the property, and that there is no collusion between the claimant and the person by whom such property was stolen, the chief of police shall direct that such property be returned forthwith to the claimant without compensation of any kind being paid therefor. In the event such direction is disobeyed, the permit may be revoked or suspended by the chief of police without further hearing.

B. The chief of police may designate any member of the police department to hear the evidence at any or all hearings that may be held under this section and to report his findings thereon to the chief of police. In all cases, the chief of police shall determine the disposition of the property.

C. If prior to the determination by the chief of police upon any claim made under this section, an action at law is brought by or against the person in possession of the property to establish the ownership of, or the right to possession of the property, the chief of police shall, upon notice thereof, suspend proceedings upon the claim.

(Prior code § 16-14)

The provisions contained in Sections 5.20.090 through 5.20.120 shall not apply to the purchase or sale by junk dealers or junk collectors of rags, bottles (other than milk or cream bottles), barrels, books, cans, shoes, secondhand sacks or bags (other than cement sacks or bags), lamps, stoves, household furniture (other than sewing machines and musical instruments), or scrap metals when bought and sold for scrap; or to the purchase or sale by secondhand dealers of household furniture (other than musical instruments) or books or to the purchase or sale of sacks, bags or rags (other than cement sacks or bags), or to the collection of such articles by religious, charitable or educational organizations; or to the purchase or sale of any motor vehicle, trailer or semitrailer which has been registered in the state as required by law.

(Prior code § 16-15)