Monrovia Municipal Code Ch. 5.56 Junk and Secondhand Dealers

JUNK DEALER. A person, firm or corporation 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 wholesale or retail any old rags, sacks, bottles, cans, paper, metal or other articles commonly known as junk.

SECONDHAND DEALER. Any person, copartnership, firm or corporation whose principal business is primarily that of engaging in buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand, tangible personal property. A SECONDHAND DEALER also includes any person who engages in the business of buying or selling secondhand tangible personal property in excess of 20% of the gross sales and purchases of goods or merchandise sold or purchased in the regular course of business. A SECONDHAND DEALER, as used in this chapter, shall not include any person who performs the services of auctioneer for a fee or salary.

TANGIBLE PERSONAL PROPERTY. Shall be defined as provided in Cal. Business and Professions Code § 21627.

(`83 Code, § 5.56.010) (Ord. 82-56 § 1, 1982)

It shall be unlawful for any person to engage in, conduct, manager or carry on the business or secondhand dealer or junk dealer without first applying for and receiving a permit therefor in writing from the City Council in the manner provided in this chapter.

(`83 Code, § 5.56.020)

Any person desiring to obtain a permit to conduct or carry on the business of a secondhand dealer or junk dealer shall file an application in writing therefor with the City Council. In addition to any other information required on the form, the applicant shall specify by street and number the place where such business is proposed to be conducted or carried on and said application shall be signed by the applicant and shall contain the residence address of the applicant. In addition to the application required in this chapter, the applicant shall also be required to complete any such additional forms as prescribed and provided by the Department of Justice.

(`83 Code, § 5.56.030) (Ord. 82-56 § 2, 1982)

(A) No permit to conduct or to carry on the business of a secondhand dealer or junk dealer shall be granted to any person unless the person shall first have made an application in writing for a permit on forms required by the city and as prescribed and provided by the Department of Justice. No person shall be issued a permit by the City Council to carry on the business of a secondhand dealer or junk dealer if that person has been convicted of an attempt to receive stolen property or any other offense involving stolen property. Prior to the granting of a permit under this chapter, the application for said permit shall be submitted to the Department of Justice in accordance with the procedure set forth in Cal. Business and Professions Code § 21641.

(B) The City Clerk shall not issue any business license to any person to conduct or carry on the business of a secondhand dealer or junk dealer until the City Council shall have granted a permit therefor as provided in this chapter. Permits granted under this chapter shall be renewable one year from the date of issue and annually thereafter upon the filing of a renewal application and the payment of appropriate fees as provided in this code and subject to the requirements provided in Cal. Business and Professions Code § 21642.

(`83 Code, § 5.56.040) (Ord. 82-56 § 3, 1982)

(A) In the event that any person holding a permit to conduct or carry on the business of secondhand dealer or junk dealer shall violate, cause or permit to be violated any of the provisions of this chapter or any provision of any ordinance or any law relating to or regulating any such business or shall conduct or carry on such business in an unlawful manner or shall cause or permit such business to be conducted or carried on in an unlawful manner, it shall be the duty of the City Council, in addition to the other penalties provided by this chapter, to revoke the permit for conducting or carrying on such business, and after the permit of any person to conduct or carry on any business under the provisions of this chapter shall be revoked, no permit shall be granted to such person to conduct or carry on any such business within six months after such revocation.

(B) No permit shall be revoked until a hearing has been had by the Council in the matter of the revocation of such permit, notice of which hearing shall be given in writing and served at least three days prior to the date of such hearing upon the holder of such permit or his or her manager or agent, which notice shall state the grounds of complaint against the business carried on by such holder and shall also state the time when and the place where such hearing will be held.

(C) Such notice shall be served upon the holder of such permit by delivering the same to such person or to his or her manager or agent or to any person in charge of or employed in the place of business of the holder or by leaving such notice at the residence of such holder with some person of suitable age and discretion.

(D) If the holder of such permit cannot be found and service of such notice cannot be made upon him in the manner provided in this chapter, then a copy of such notice shall be mailed, postage fully prepaid, addressed to such holder of such permit at such place of business or residence at least three days prior to the date of such hearing.

(`83 Code, § 5.56.050)

(A) Every secondhand dealer or junk dealer shall keep a full, true and complete record of all goods, wares, merchandise or things purchased or received by the secondhand dealer or junk dealer.

(B) Such record shall show the date when each article was purchased or received, the true name and address as nearly as the same is known to or can be ascertained by such secondhand dealer or junk dealer of the person from whom such article was purchased and the person from whom such article was received.

(C) Such record shall also show the amount purchased and an itemized list of the articles purchased or received, and if any articles so purchased and received have engraved thereon any number, word or initial or contain any settings of any kind, the description of such article in such record shall contain such number, word or initial and shall show the kind of settings and the number of each kind.

(D) Such record shall also contain a full, true and complete description of all goods, wares, merchandise or things sold or otherwise disposed of by such secondhand dealer or junk dealer and shall also show the date when each article was sold or otherwise disposed of and the true name and address as nearly as same is known to or can be ascertained by such secondhand dealer or junk dealer or the person or persons by whom such article was purchased or to whom the same was delivered.

(E) The record referred to in this chapter shall be entered immediately after any transaction referred to in this section has taken place, and such record shall be kept as a permanent record in the place of business of such secondhand dealer or junk dealer and shall be open at all times during business hours to the inspection of the Chief of Police or any police officer of the city.

(F) Every record required by the terms of this chapter to be kept shall be written or printed entirely in the English language and in a clear and legible manner.

(`83 Code, § 5.56.060)

It shall be unlawful for any persons engaged in conducting or carrying on the business of secondhand dealer or junk dealer or for any agent or employee of any such person to fail, refuse or neglect to keep such record in the form, in the manner, at the time and in all respects in accordance with the requirements of this chapter, or to fail, refuse or neglect to exhibit to the Chief of Police or any police officer of the city immediately upon demand the privilege of the inspection of any such record or records in this chapter that are required to be kept.

(`83 Code, § 5.56.070)

(A) Every secondhand or junk dealer shall retain in his or her possession for a period of 30 days, all tangible personal property reported under the provisions of this chapter. The 30-day holding period with respect to such tangible personal property shall commence with the date the report of its acquisition was made to the Chief of Police by the secondhand dealer or junk dealer. The Chief of Police may for good cause, as specified by the Department of Justice, authorize prior disposition of any such property described in a specific report; provided that a secondhand dealer or junk dealer who disposes of tangible personal property pursuant to such authorization, shall report the sale thereof to the Chief of Police.

(B) Every secondhand dealer or junk dealer shall report daily, or on the first working day after receipt for purchase of tangible personal property, on forms prescribed or provided by the Department of Justice, all tangible personal property which he or she has purchased, taken in trade, taken in pawn, accepted for sale on consignment, or accepted for auctioning, to the Chief of Police in accordance with the provisions of this chapter and the provisions of Cal. Business and Professions Code § 21628.

(`83 Code, § 5.56.080) (Ord. 82-56 § 4, 1982)

If any person shall engage in conducting, managing or carrying on at the same time more than one of the businesses defined and referred to in this chapter, such person shall be deemed to be engaged in conducting, managing and carrying on such business separate and apart from such other business, and the person shall comply in all respects with the provisions of this chapter relating to each such business, and it shall be unlawful for any such person to fail, refuse or neglect so to do.

(`83 Code, § 5.56.090)

(A) The violation of any of the provisions of this chapter, not otherwise punishable under Cal. Business and Professions Code § 21645 is a misdemeanor and upon conviction thereof, any person found in violation of this code shall be punishable by a fine or imprisonment, or by both as provided elsewhere in this code.

(B) Each person shall be deemed guilty of a separate offense for every day during a portion of which any violation of any provision of this chapter, not otherwise punishable under Cal. Business and Professions Code § 21645 is committed, continued or permitted by such person, and shall be punishable therefor as provided elsewhere in this code.

(`83 Code, § 5.56.100) (Ord. 82-56 § 5, 1982)