Modesto Municipal Code Ch. 5 Secondhand Jewelry Dealers

It shall be unlawful for any person either as principal, agent, servant or employee to engage in, carry on, operate, manage or conduct within the City of Modesto the business of secondhand jewelry dealer unless such person or the principal or employer of such agent, servant or employee shall first have procured a license to do so as herein specified.

(Added by Ord. 2291-C.S., § 1, effective 11-8-84)

The provisions of this chapter shall not apply to any person who either as principal, agent, servant or employer is required to report the purchase, sale, trade or exchange of secondhand jewelry to the Chief of Police pursuant to the provisions of the State of California Business and Professions Code Section 21625 et seq.

(Added by Ord. 2291-C.S., § 1, effective 11-8-84)

(a) "Secondhand jewelry dealer" shall include every person who engages in or conducts the business of buying, selling or exchanging of secondhand jewelry. The term "secondhand jewelry dealer" shall include every person engaged in said business, whether as a separate business or in connection with another business or businesses.

(b) "Secondhand jewelry" shall include any amount of precious stones or used articles of gold, silver, platinum, silverware, jewelry, watches, and similar articles or pieces of property.

(Added by Ord. 2291-C.S., § 1, effective 11-8-84)

The Chief of Police shall accept an application for and grant a license permitting the licensee to engage in the business of secondhand jewelry to an applicant who has not been convicted of an attempt to receive stolen property or any other offense involving stolen property. All forms for application and licensure, and license renewal, shall be prescribed and provided by the Chief of Police.

(Added by Ord. 2291-C.S., § 1, effective 11-8-84)

(a) A license shall be renewable one (1) year from the date of issue and annually thereafter upon the filing of a renewal application.

(b) The license shall be subject to forfeiture for breach of any of the following conditions:

(1) The business shall be carried on only in the building or buildings designated in the license.

(2) The license shall be displayed on the premises where it can easily be seen.

(3) The licensee shall not engage in the business of secondhand jewelry dealer with any minor or with any person who is intoxicated or under the influence of drugs.

(4) The licensee shall not engage in any act which is a violation of this chapter.

(5) The licensee shall not be convicted of an attempt to receive stolen property or any other offense involving stolen property.

(Added by Ord. 2291-C.S., § 1, effective 11-8-84)

Every secondhand jewelry dealer licensee shall report to the Chief of Police daily, or on the first working day after receipt or purchase of secondhand jewelry, on forms either approved or provided at actual cost by the Chief of Police, all secondhand jewelry which the licensee has purchased, taken in trade, or accepted for sale or consignment. The report shall include, but not be limited to, the following information:

(a) The name and address of the intended seller of the secondhand jewelry.

(b) A complete and reasonably accurate description of the secondhand jewelry, including serial numbers or other identifying marks or symbols.

(c) A certification by the intended seller that to his or her knowledge and belief the information is true and complete.

(Added by Ord. 2291-C.S., § 1, effective 11-8-84)

(a) A licensee shall make available for inspection upon request by the Chief of Police or any member of the Modesto Police Department any reports, records, or goods regulated by this chapter. Any such inspection shall be made during normal business hours.

(b) Each and every item or article or [of] secondhand jewelry in the custody or possession of a licensee shall have attached to it a tag, or other device, containing sufficient information so that the particular item or article can be readily identified by reference to the records and reports required to be maintained by the licensee by Section 6-5.06.

(Added by Ord. 2291-C.S., § 1, effective 11-8-84)

Every licensee shall retain in his possession for a period of thirty (30) days all items of secondhand jewelry reported under the provisions of Section 6-5.06. The thirty (30) day holding period with respect to such property shall commence with the date the report of its acquisition was made to the Chief of Police by the licensee. The Chief of Police may for good cause authorize prior disposition of any such property described in a specific report provided that a licensee who disposes of any such property pursuant to such authorization shall report the sale thereof to the Chief of Police.

(Added by Ord. 2291-C.S., § 1, effective 11-8-84)