Los Banos Municipal Code Ch. 12 Pawnbrokers and Secondhand Dealers

For the purposes of this chapter, unless otherwise apparent from the context, "furniture and household goods" shall mean and include beds, bedding, tables, desks, chairs, stoves, floor coverings, crockery, glassware, and kitchen and cooking utensils.

(§ 5, Ord. 196, as amended by § 14, Ord. 1161, eff. February 17, 2018)

It is unlawful for any person to engage in or conduct, manage, or carry on within the City the business of pawnbroker or secondhand dealer without applying for and receiving a license from the City as set forth in Chapter 1 of this title.

(§ 1, Ord. 196, as amended by § 14, Ord. 1161, eff. February 17, 2018)

The license tax for pawnbrokers shall be as set forth in Article 2 of Chapter 1 of this title. The license tax for secondhand dealers shall be as set forth in Article 2 of Chapter 1 of this title.

(§ 1, Ord. 196, as amended by § 14, Ord. 1161, eff. February 17, 2018)

Every person dealing in secondhand goods, wares, or merchandise, or articles of any description, other than furniture and household goods, either as a pawnbroker or secondhand dealer, shall keep, or cause to be kept, at his or her place of business a well-bound book containing a record of each article pawned, purchased, exchanged, or otherwise taken into possession. Such record shall be legibly entered at the time of the transaction and shall show the hour and day when each article was so received, its exact and complete description, the amount loaned thereon or paid therefor, and the signature and description of the person, with the license number of any automobile he or she is driving, so pawning, selling, exchanging, or otherwise delivering such property. The record of each transaction shall be numbered and a tag corresponding to such number shall be firmly attached to all articles pawned, purchased, exchanged, or otherwise taken into possession.

(§ 2, Ord. 196, as amended by § 14, Ord. 1161, eff. February 17, 2018)

All articles pawned, purchased, exchanged, or otherwise taken into possession by any pawnbroker or secondhand dealer shall be held intact in a particular location in the place of business designated for that purpose for a period of 20 days from the date of receipt of such articles before such articles shall be placed on exhibition, sold, exchanged, removed from the place of business where received, delivered to any person, or otherwise disposed of.

(§ 3, Ord. 196, as amended by § 14, Ord. 1161, eff. February 17, 2018)

All articles pawned, purchased, exchanged, or otherwise taken into possession by any pawnbroker or secondhand dealer, 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.

(§ 3, Ord. 196, as amended by § 14, Ord. 1161, eff. February 17, 2018)

The provisions of this chapter shall not apply to the following:

(a) Any person who buys new or secondhand goods, wares, or merchandise from any dealer licensed under the Sales and Use Tax Law of the State to do business in the State;

(b) Dealers in secondhand automobiles; and

(c) Any person engaged in the business of selling new goods, wares, and merchandise to the general public, which person receives any secondhand articles, goods, wares, or merchandise in part payment of new goods, wares, and/or merchandise, which secondhand merchandise is in the regular course of business.

(§ 4, Ord. 196, as amended by § 14, Ord. 1161, eff. February 17, 2018)