Lompoc Municipal Code Art. I In General

For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them in this Section unless it shall be apparent from their context that a different meaning is intended:

"Automobile wrecking establishments"

means any establishment, building or other place where the business is carried on of wrecking old or used automobiles or other motor vehicles and adding or employing the accessories and parts thereof in equipping, repairing, or rebuilding motor vehicles or storing, selling or otherwise disposing of such accessories or parts.

"Junk collector"

means any person who goes from place to place for the purpose of engaging in or carrying on the business of collecting, buying or selling, either at wholesale or retail, any old rags, bottles, sacks, cans, papers, metals or any other worn out or discarded material.

"Junk dealer"

means any person having a fixed place of business and who is engaged in carrying on the business of buying or selling, either at wholesale or retail, any old rags, bottles, sacks, cans, papers, metals or any other worn out or discarded material.

"Pawnbroker"

means any person who keeps a loan or pawn office or engages in or carries on the business of receiving jewelry, precious stones, valuables, firearms, clothing or personal property of any other article or articles in pledge for or as security or in pawn for its repayment of monies and exacts an interest for such loans. The term "pawnbroker" shall not include banks, trust companies or bond brokers who may otherwise be regulated by law and authorized to deal in commercial papers, shares of stock, bonds and other certificates of value.

"Secondhand dealer"

means any person who engages in selling or exchanging, whether as a separate business or in connection with used articles or things, including but not limited to typewriters, adding or calculating machines, scales, clothing, tools, surgical, dental or drawing instruments, furniture, house-hold furnishings, motorcycles or automobile accessories, bicycles, bicycle accessories, firearms and musical instruments. The term "secondhand dealer" shall not include secondhand jewelry, secondhand automobile dealers, junk collectors and junk dealers and automobile wrecking establishments.

"Secondhand jewelry dealer"

means any person who engages in or conducts the business of buying, selling or exchanging secondhand jewelry, old gold, old silver, platinum or articles of platinum, silverware or other precious metals or stones.

(Prior code § 2301)

It shall be unlawful for any person to engage in or carry on or conduct or to permit to be carried on, engaged in or conducted within the City the business of any pawnbroker, secondhand dealer, secondhand jewelry dealer, automobile wrecking establishment, or junk dealer, whether as a separate business or in connection with any other business, unless there exists a valid permit therefor as provided herein.

(Prior code § 2302)

A. The application for such permit shall set forth the location and exact nature of the business to be carried on and shall contain the names and addresses of all members of the firm or partnership and such further information as the investigating official may require. The application shall be accompanied by a ten dollar application fee.

B. The investigating official referred to in the section to whom the application shall be referred shall be the Chief of Police unless otherwise specifically provided.

C. At the time of filing such application, the applicant and any persons directly or indirectly interested in the permit, including all members of any firm or partnership, shall be fingerprinted by the Police Department. If any such person is found to have a prior criminal record of committing any felony, theft, obtaining money or property by false pretenses, embezzlement or violating any of the provisions of this Chapter or any other law regarding such business, the application for such permit may be denied.

(Prior code § 2303)

No permit shall be issued for any business enumerated in Section 5.32.020 if the applicant therefor is under the age of 21 years or, if the applicant is a firm partnership or corporation, any member of the firm, partnership or corporation is under the age of 21 years.

(Prior code § 2304)

Any permit granted pursuant to the provisions of this Chapter may be revoked or suspended by the Chief of Police at his or her discretion for any reason for which a granting of such permit might be lawfully denied or for any other reason hereinafter in this Chapter specifically provided. Such revocation or suspension shall be made only upon a hearing granted to the holder of the permit so revoked or suspended, held before the Chief of Police after five days' written notice to such permit holder, stating generally the grounds of complaining against him or her and stating the time and place where such hearing will be held.

(Prior code § 2305)

Any person objecting to any denial, suspension or revocation of a permit applied for or held by him or her pursuant to the provisions of this Chapter or to any action taken by any official of the City concerning such permit may appeal in writing to the City Council by filing a notice of appeal in accordance with the requirements of Chapter 1.32 of this Code.

(Prior code § 2306; Ord. 1673(20) § 16)

A. Any investigation, inquiry or hearing which the Chief of Police has power to undertake or to hold may be held by such member of the Chief of Police's staff as he or she may designate and to whom the matter is assigned. The person to whom a matter is assigned shall be deemed a "hearing officer." In any matter so assigned, the hearing officer conducting the investigation, inquiry or hearing shall report within 30 days after the conclusion of the investigation, inquiry or hearing, his or her findings and recommendations to the Chief of Police.

B. Within 30 days after the filing of the findings and recommendations of the hearing officer, the Chief of Police shall confirm, adopt, modify or set aside the findings of the hearing officer, enter his or her order upon the record in the case and notify in writing the parties concerned of such decision.

(Prior code § 2307)