Mendota Municipal Code Ch. 5.16 Bicycle Establishments

The term "bicycle establishment" means a business operated by a person, partnership, association or corporation, wherein new or used bicycles or bicycle parts are purchased, sold, exchanged, bartered, repaired, remodeled, dismantled or junked.

(Prior code § 8.10.001)

No person or persons in the city shall establish, carry on or operate a bicycle establishment, except as authorized by this chapter, and without first obtaining a license as provided in this title and a permit from the chief of police.

(Prior code § 8.10.002)

A. The application for such permit shall be in the applicant's handwriting, and shall set forth the following information: the name, age and residence address of the applicant, if a natural person or if a corporation, its name, date and place of incorporation, address of its principal place of business and the names of all of its officers with their respective residence address, or if a partnership, association or unincorporated company, the names of the partners or persons comprising the partnership, association or company with their respective residence addresses.

B. The application shall be made in duplicate to the chief of police who shall be responsible for investigating the applicant's character.

(Prior code § 8.10.003)

No person having a bicycle establishment permit under the provisions of this chapter shall transfer, sell, assign, loan or permit any person to have or use his permit.

(Prior code § 8.10.004)

All persons operating a bicycle establishment are required to make a daily report to the chief of police upon forms provided for that purpose by the chief of police giving the true name and address of the person for whom each bicycle or bicycle part is purchased; description of each bicycle, its frame number and the number of the metallic license plate found thereon, if any. If the bicycle does not have a license plate, the buyer shall require the seller to obtain the approval of the chief of police to complete such sale or exchange. This report shall be known as the second-hand buy report, and shall be made in triplicate. The original shall be mailed or delivered to the chief of police on date of purchase with the metallic license plate, the duplicate shall be given to the seller and the triplicate shall remain with the dealer. It shall be the duty of the dealer to mail or deliver to the chief of police all reports and license plates daily at the close of each day's business. This section shall not apply to new bicycles or bicycle parts purchased wholesale.

(Prior code § 8.10.005)

All persons operating a bicycle establishment shall make to the chief of police upon forms provided for that purpose by the chief of police, a daily report of all sales made, including the name and address of each person to whom a bicycle is sold, together with the make, frame number and license number attached thereto. These reports shall be known as the sales report, and shall be made in triplicate, the original forwarded daily to the chief of police, the duplicate given to the purchaser and the triplicate retained by the dealer.

(Prior code § 8.10.006)

Upon receipt of the reports set forth in Sections 5.16.050 and 5.16.060 of this chapter, the chief of police shall check them to determine if the purchase or sale is recorded at the police department, and that the sale or purchase is approved, and make proper record of such transfer of ownership. Should the new owner fail to apply for registration or license, the chief of police shall notify the new owner to do so.

(Prior code § 8.10.007)

No person operating a bicycle establishment shall purchase from any person a bicycle unless at the time of purchase, such person surrenders to the bicycle establishment operator his license plate and registration card for the year in which he is offering such bicycle for sale. If such bicycle does not have a Mendota license, the approval of the chief of police of the city must be obtained before said purchase or sale can be made.

(Prior code § 8.10.008)

No person operating a bicycle establishment shall take in exchange or receive any goods, articles, bicycle parts or bicycles from any person under the age of eighteen (18) years, or from any person under the influence of intoxicating liquor.

(Prior code § 8.10.009)

No person operating a bicycle establishment shall alter, repair or dispose of any bicycle or bicycle part purchased or taken in exchange, as a secondhand bicycle or bicycle part thereof until after the expiration of thirty (30) days from the date of purchase or exchange and during those thirty (30) days, the bicycle or bicycle part so obtained shall remain without alteration on the premises of such bicycle establishment, and be kept separate from bicycles or bicycle parts previously purchased, and shall be subject to inspection at any time during business hours by the chief of police, or any police officer, or other person designated by the chief of police.

(Prior code § 8.10.010)

A. The chief of police shall furnish free of charge to every person operating a bicycle establishment, a book known as the bicycle register, in which shall be entered in plain and legible handwriting a record of all bicycles or bicycle parts purchased or taken in exchange. The entry must be made at the time of purchase or immediately thereafter and shall include, in addition to the date and hour of purchase, a full description of the bicycle or bicycle part, the price paid therefor and the name, address, age, height, weight and complexion of the seller. In entering the description of the bicycle, the name of the manufacturer and the factory serial number thereof shall in every case be recorded if known, or if it can be ascertained.

B. This section shall not apply to new bicycles or bicycle parts purchased at wholesale.

(Prior code § 8.10.011)

The operator of a bicycle establishment shall also keep in the bicycle register a record showing the disposition of each bicycle purchased, indicating whether such bicycle was resold or dismantled.

(Prior code § 8.10.012)

The operator of a bicycle establishment shall keep the bicycle register in a safe place, and see that it is not mutilated or destroyed. The bicycle register shall remain the property of the city and shall at all times be open to inspection by the chief of police or any police officer, and it may be taken by such police officer from the possession of the operator of a bicycle establishment, if deemed necessary.

(Prior code § 8.10.013)

Bicycle establishment licenses issued pursuant to this chapter may be revoked by the chief of police of the city after notice and hearing for any of the following reasons:

A. Fraud, misrepresentation or any false statement contained in the application for a permit;

B. Any violation of any provision of this chapter, or any provisions of any other chapter or law relating to and regulating the bicycle establishment;

C. Conviction of the permit holder of any felony or crime involving moral turpitude;

D. Conducting the business in an unlawful manner or in such manner as to constitute a breach of the peace; or to be a menace to the health, safety or general welfare of the people of the city.

(Prior code § 8.10.014)

Notice of the hearing for revocation of a permit shall be given in writing stating the grounds of the complaint and the time and place of hearing. Such notice shall be mailed postage prepaid to the permit holder at the address given on the application for the permit at least five days prior to the date set for the hearing.

(Prior code § 8.10.015)

Any person aggrieved by the decision of the chief of police shall have the right to appeal to the city council. Such appeal shall be taken by filing with the city clerk a written statement of the grounds for the appeal within fourteen (14) days after receiving notice of the decision of the chief of police.

(Prior code § 8.10.016)

The council shall set the time and place for hearing such appeal and notice of such time and place shall be given by the city clerk in the manner provided in this chapter for notice of hearing for revocation by the chief of police.

(Prior code § 8.10.017)

No permit to operate bicycle establishments shall be issued to any person who has had such a permit revoked pursuant to this chapter, except upon the applicant's applying to the city council and the council authorizing the issue of the permit.

(Prior code § 8.10.018)