Norwalk Municipal Code Ch. 5.44 Pawnbrokers, Secondhand Dealers and Junk Dealers

As used in this chapter:

"Buy-form"

means the form furnished by the Sheriff's Department to the permittee for the purpose of recording and furnishing required information relative to purchases, pledges or consignments.

"Director"

means the City Manager or designee.

"Junk collector"

means a person, other than an itinerant oil tool exchange, not having a fixed place of business in the City, who goes from house to house, or from place to place, gathering, collecting, buying, selling or otherwise dealing in any old rags, sacks, bottles, cans, papers, metal, including gold and mercury, or other articles commonly known as junk.

"Junk dealer"

means a person, other than an auto wrecker or an oil tool exchange, having a fixed place of business in the City and engaged in conducting, managing, carrying on or maintaining any place where old rags, sacks, bottles, papers, metals or other articles commonly known as junk, except gold, silver, platinum or mercury, are gathered together, stored or kept for shipment, sale or transfer.

"Pawnbroker"

means any person engaged in any one or more of the following businesses:

Pawnbroking;

Lending money for him or herself or any other person upon personal property, pawns or pledges, in the possession of the lender;

Purchasing articles of personal property, and reselling or agreeing to resell such articles, to the vendors or assignees at prices agreed upon at or before the time of such purchase.

"Pawnshop"

means any room, store, building or other place in which the business of pawnbroker is engaged in, carried on or conducted.

"Secondhand dealer"

means a person, other than a used car dealer or dealer in secondhand books or magazines, engaged in conducting, managing or carrying on the business of buying, selling or otherwise dealing in secondhand goods, wares or merchandise, including gold, silver, platinum and mercury, but shall not include a person who does not sell or offer to sell secondhand goods, wares or merchandise except such as is received by him or her as payment or part payment for a new article sold by him or her.

(Prior code § 7-14.1; Ord. 21-1722 § 2)

A. Permit Required. No person shall engage in, carry on, conduct or cause to be engaged in, carried on or conducted, any business, occupation or activity for which a permit is required by this chapter except when the required permit has been issued and is in full force and effect.

B. Application. Application for any permit required by this chapter shall be made to the Director upon a form furnished by the City. The application shall be verified under oath and shall set forth:

1. If a natural person, the name, age, business address, residence and citizenship of the applicant; or, if a corporation, its name, date and place of incorporation, address of its principal place of business and the names of its principal officers, together with their respective addresses; or, if a partnership, association or unincorporated company, the names of the partners or the persons comprising the association or company, with the place of business and residence of each such partner or person;

2. A description of the nature of the business for which the permit is requested;

3. The place where such business is to be conducted;

4. The personal description of the applicant and of each person associated with the applicant in the conduct of the business;

5. Fingerprints and thumbprints of the applicant and of any other persons associated with the applicant in the conduct of the business, together with such other evidence of the identity of the applicant and associates as the Director may require.

C. Approval. The Director may, after investigation of the application and of the business proposed to be conducted, and after consideration of the location of the proposed premises and the character of the applicant, grant or refuse to grant a permit. The Director shall not issue a permit if he or she determines that the granting of the same, or the conduct of the business as proposed in the application, will be contrary to the preservation of the public peace, health, safety, morals or welfare of the City or its inhabitants, or if he or she determines that the applicant or any person to be associated with the applicant in the conduct of the business is not of good moral character, has unreasonably failed to cooperate with law enforcement agencies while engaged or employed in the conduct of the same or any similar business within the past 10 years, or has been convicted of any crime involving moral turpitude during a period of 10 years preceding the date of such application. The Director may decline to approve a permit for any secondhand store or pawnshop to be located within 500 feet of any similar premises already established in the City, if he or she determines that such proximity would have an adverse effect upon property values in the neighborhood or would not be conducive to the public peace, health, safety, morals or welfare of the City or its inhabitants.

In granting any permit hereunder, the Director may impose such terms, conditions and restrictions upon the operation and conduct of the business as he or she may deem necessary to protect the public peace, health, safety, morals or welfare of the City or its inhabitants.

D. Term of Permit. A permit granted by this chapter shall be effective for a period of one year and shall thereafter be subject to renewal upon payment of the required annual permit fee on or before the date when such renewal permit is to become effective if the permittee and the premises occupied shall then be in full compliance with the applicable State and City laws and permit requirements relating to the conduct of such business.

E. Revocation and Suspension. Any permit issued by this chapter shall be subject to revocation or suspension by the Director, upon due notice and hearing, for a violation of any State or City law or ordinance or of any provision of the permit, or for any reason which would have been grounds for denial of the permit application. In the event of such revocation or suspension, the permit shall be forthwith surrendered to the Director, and no portion of the permit fees paid shall be refundable.

F. Appeals. Any person aggrieved by the determination of the Director may appeal to the City Council, and the City Council shall exercise the same discretion, powers and authorities as are vested in the Director upon applications in the first instance.

(Prior code § 7-14.2; Ord. 21-1722 § 2)

Every person doing business in the City as a pawnbroker shall first procure a permit issued under this chapter and a conditional use permit as required by Section 17.02.210. Such permit shall be posted and maintained in a conspicuous place on the premises where such business is conducted. A permit shall be issued to each pawnbroker after their application is approved, and shall pay an annual permit fee in an amount as established by resolution of the City Council.

(Prior code § 7-14.3; Ord. 20-1720 § 1; Ord. 21-1722 § 2)

A pawnbroker or an agent or employee of a pawnbroker shall not accept any pledge, or loan any money on personal property, or purchase or receive any goods, merchandise or other article or thing, or in any manner whatsoever engage in or conduct the business of pawnbroker between the hours of 7:00 p.m. of any day and 7:00 a.m. of the following day.

(Prior code § 7-14.4; Ord. 21-1722 § 2)

Except as otherwise provided in this Code, every person doing business in the City as a secondhand dealer shall first procure a permit and shall pay an annual permit fee in an amount as established by resolution of the City Council.

(Prior code § 7-14.5; Ord. 21-1722 § 2)

Every person doing business in the City as a junk dealer shall first procure a permit and shall pay an annual permit fee in an amount as established by resolution of the City Council.

(Prior code § 7-14.6; Ord. 21-1722 § 2)

Except as otherwise provided in this Code, every person doing business in the City as a junk collector shall first obtain a permit and shall pay an annual permit fee in an amount as established by resolution of the City Council.

(Prior code § 7-14.7; Ord. 21-1722 § 2)

Any institution or organization which is conducted, managed or carried on exclusively for the benefit of charitable purposes, from which no profit is derived either directly or indirectly by any person other than bona fide employees thereof, which files with the Director, in addition to all matters and information otherwise provided for by City laws, a certified copy of its articles of incorporation, if any, and a statement in writing, duly sworn to by one of its officers, setting forth the purposes of such institution or organization, which sworn statement includes a detailed statement as to its manner of doing business and dispensing charity, and such other information as the Director may obtain a permit, to do business as a secondhand dealer, junk dealer or junk collector, upon payment of a fee in the amount of one dollar.

(Prior code § 7-14.8; Ord. 21-1722 § 2)

Such charitable institution or organization shall furnish to each driver of every vehicle used to collect junk for such institution, and to every individual employed to assist such driver, an identification card containing the name of the charitable institution or organization and the name and complete description of the driver or individual employed to assist a driver, including age, sex, race, height, weight, complexion and color of eyes and hair.

(Prior code § 7-14.9; Ord. 21-1722 § 2)

A person engaged in conducting, managing or carrying on the business of secondhand dealer, junk dealer or junk collector or an agent or employee of any such person shall not accept any pledge or loan any money upon personal property or purchase or receive any goods, wares or merchandise or any article or thing, or in any manner whatsoever engage in or conduct any such business between the hours of 7:00 p.m. of any day and 7:00 a.m. of the following day.

(Prior code § 7-14.10; Ord. 21-1722 § 2)

Every permittee under this chapter shall, at the close of each business day, mail to the Sheriff's Department the buy-form or buy-forms made out during that day. Such buy-forms shall contain full, true and complete reports of all goods, wares, merchandise or other things received on deposit, pledged or purchased during that day, except household furniture, used tires and used batteries, which household furniture, used tires or used batteries were taken in part payment for new household furniture, tires or batteries, except merchandise originally sold new by the permittee and subsequently taken as a trade-in on other merchandise sold by the same permittee, and shall also contain such other information required by the Sheriff's Department which may assist in the detection of stolen property.

(Prior code § 7-14.11; Ord. 21-1722 § 2)

Every permittee under this chapter shall enter upon the buy-form positive identification furnished by the seller, pledgemaker or consignee, such as driver's license number, work badge number, auto or truck license number or junk collector's business license number, in addition to the individual's true name and address. In addition to such identification, the permittee shall require the seller, pledgemaker or consignee to furnish a plain impression print of his or her right index finger, or next finger in the event of amputation, upon the face side of the original sheet of the buy-form.

(Prior code § 7-14.12; Ord. 21-1722 § 2)

Every person who sells, pledges or consigns any property to any permittee in the course of business covered by a permit hereunder, except household furniture, used tires or used batteries, taken in part payment for new household furniture, tires or batteries, and except merchandise originally sold new by the permittee and subsequently taken as trade-in on other merchandise sold by the same permittee, shall furnish true, positive identification to the permittee by which such person can be located by the Sheriff's Department.

(Prior code § 7-14.13; Ord. 21-1722 § 2)

Every permittee shall preserve for a period of two years, a copy of the buy-form provided for that purpose, containing a carbon copy record of the original writing made by the permittee, agent or employee, the original of which has been furnished to the Sheriff's Department. Any such record and any property pledged, purchased or received by such permittee shall be produced for inspection upon demand by any peace officer.

(Prior code § 7-14.14; Ord. 21-1722 § 2)

The Sheriff's Department shall maintain a file of all reports received pursuant to this chapter for a period of two years, and such reports shall be open to inspection by any peace officer and the Director.

(Prior code § 7-14.15; Ord. 21-1722 § 2)

Any person, other than a used car dealer, shall not melt, destroy, sell or otherwise dispose of any article, goods, wares, merchandise or thing obtained or used in any business for the conduct of which a permit is required by this chapter, until 14 days after making a report to the Sheriff's Department as required by Section 5.44.110 that such article, goods, wares, merchandise or thing has been purchased or received by such person.

(Prior code § 7-14.16; Ord. 21-1722 § 2)

Any foundry or junk dealer shall not melt, destroy, sell or otherwise dispose of any metal purchased or received by it which is, or by economically feasible repair can be made, usable for the purpose for which it was originally designed until 21 days after making a report to the Sheriff's Department as required by Section 5.44.110 that such metal has been received by the foundry or junk dealer.

(Prior code § 7-14.17; Ord. 21-1722 § 2)

Until such time as any article, goods, wares, merchandise or thing pledged to or purchased by any permittee under this chapter is held for the time required by this chapter or released by the Sheriff's Department, the permittee shall not clean, alter, repair, paint or otherwise change the appearance of such articles, goods, wares, merchandise or things. At all times during business hours, he or she shall expose the same to public view.

(Prior code § 7-14.18; Ord. 21-1722 § 2)

The Sheriff may release any property covered by this chapter which he or she inspects, if after such inspection he or she is satisfied that such property is in the lawful possession of the permittee.

(Prior code § 7-14.19; Ord. 21-1722 § 2)

The Sheriff's Department may place a hold-order upon any property acquired by the permittee in the course of his or her business for a period of 90 days, and, upon release of such property may require the permittee to keep a true record of such property and include the true name and address of the person to whom such property was sold, or any other method of disposition.

(Prior code § 7-14.20; Ord. 21-1722 § 2)

A permittee under this chapter shall not export from this County any goods, wares, merchandise or things pledged to or received by such permittee in his or her capacity as permittee until the Sheriff's Department has inspected and released such property.

(Prior code § 7-14.21; Ord. 21-1722 § 2)

The waiting period specified in Section 5.44.170 and the preparation of buy-forms required by Section 5.44.110 shall not apply to property purchased from a permittee or licensee holding a similar City permit or County license, if, in the sale of such property, such permittee or licensee has complied with all the provisions of this chapter. This chapter shall not apply to purchases made by junk dealers from junk collectors. A junk collector's license is not similar to a junk dealer's license.

(Prior code § 7-14.22; Ord. 21-1722 § 2)

The provisions of Sections 5.44.140 and 5.44.170 shall not be deemed to apply to the purchase or the sale by junk dealers or junk collectors of rags, bottles other than milk or cream bottles, secondhand sacks other than cement sacks, barrels, cans, shoes, lamps, stoves or household furniture (with the exception of sewing machines and musical instruments), or the purchase or sale by secondhand dealers of household furniture, with the exception of sewing machines, all musical instruments and typewriters.

(Prior code § 7-14.23; Ord. 21-1722 § 2)

The waiting period specified in Section 5.44.170 shall not apply to property purchased on a bill of sale or invoice from a regularly established place of business. As used in this section, an established place of business means a business which has been dealing in the type of articles purchased at the same location for not less than two years.

(Prior code § 7-14.24; Ord. 21-1722 § 2)

A copy of this chapter shall be furnished each new permittee upon the first delivery of the buy-form by the Sheriff's Department and the permittee shall thereafter be furnished with all subsequent amendments to this chapter that affect the type of business of the permittee.

(Prior code § 7-14.25; Ord. 21-1722 § 2)