Chapter 5.20 — PAWNBROKERS, SECONDHAND DEALERS AND JUNK DEALERS

It is unlawful for any person, firm or corporation to engage in, conduct, manage or carry on the business of pawnbroker, second-hand dealer, junk dealer or junk collector, without first having procured a license to do so and having paid the fee for such license as in this chapter provided.

(Prior code § 7500)

A license must be procured immediately before the continuance hereunder or the commencement of any business or occupation liable to license fees as provided in this chapter, from the treasurer of this city which license shall authorize the party obtaining same to transact the business described in such license for the period named therein. A separate license must be obtained for each branch, establishment or separate house or place of business located within the city.

(Prior code § 7501)

Any person, firm or corporation desiring to obtain a license under provisions of this chapter shall file an application in writing therefor with the city council, filing a duplicate copy of such application with the chief of police, specifying by street and number the place where such business is proposed to be carried on; or, in the case of a junk collector who has no fixed place of business, such application shall specify street and number and town or city of such collector's residence.

(Prior code § 7506)

A.

No license to conduct or carry on any business mentioned in this chapter shall be granted or issued except upon order of the city council, written notice of which shall be given to the treasurer by the clerk of the city

council.

B.

All sums of money for license fees provided for by this chapter are due and payable in advance at the office of the city treasurer and all licenses herein provided for shall be issued quarterly in advance, except wherein it is herein otherwise expressly provided. Each license shall state the person to whom, and the kind of business and the location for which, the same is issued, and the date of issuance, the license period for which issued, and the amount received therefor, and shall refer to this chapter and be signed by the treasurer.

(Prior code §§ 7502, 7507)

It shall be the duty of the treasurer to collect the license fees under this chapter, and to perform such other duties as are prescribed in this chapter.

(Prior code § 7503)

A.

Pawnbroker. Every pawnbroker shall pay a license fee of twenty-five dollars ($25.00) per quarter. For the purpose of this chapter, a "pawnbroker" is defined to be a person, firm or corporation engaged in conducting, managing or carrying on the business of "pawnbroking," or the business of lending money for himself or any other person, firm or corporation upon personal property, pawns or pledges; or the business of purchasing articles of personal property and reselling, or agreeing to resell such articles to the vendors or their assignees at prices agreed upon at or before the time of such purchase. A "pawnshop" is defined to be any room, store, building or other place in which any such business is engaged in, carried on or conducted;

B.

Secondhand Dealer. Except as hereinafter in this section provided, every secondhand dealer shall pay a license fee of six dollars and twenty-five cents ($6.25) per quarter. For the purpose of this chapter, a "secondhand dealer" is defined to be a person, firm or corporation engaged in conducting, managing or carrying on the business of buying, selling or otherwise dealing in secondhand goods, wares or merchandise;

C.

Junk Dealer. Except as hereinafter in this section provided, every junk dealer shall pay a license fee of six dollars and twenty-five cents ($6.25) per quarter. For the purpose of this chapter, a "junk dealer" is defined to be a person, firm or corporation having a fixed place of business in the city and engaged in conducting, managing or carrying on a business of buying, selling or otherwise dealing in, either at wholesale or retail, any old rags, sacks, bottles, cans, papers, metal, scrap metals, scrap materials, or other articles commonly known as junk, or the dismantling or wrecking of automobiles or other vehicles or machinery;

D.

Junk Collector. Except as hereinafter in this section provided, every junk collector shall pay a license fee of twelve dollars and fifty cents ($12.50) per quarter, for each wagon, vehicle or part used by him in his business as such junk collector. For the purpose of this chapter, a "junk collector" is defined to be a person, firm or corporation 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 or other articles commonly known as junk;

E.

Provided, however, that 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 individual, firm or corporation, other than bona fide employees thereof, engaged in or carrying on the business of secondhand dealer or junk dealer, shall pay a license fee of one dollar ($1.00) per year, and any such charitable institution or organization engaged in or carrying on the business of junk collector shall pay a license fee of one dollar ($1.00) per year for each wagon, vehicle or cart used by it in such business; and

F.

Further provided, that any such charitable institution or organization claiming to come under the provisions of this section shall furnish to the city council a statement in writing, duly sworn to, setting forth the purposes of such institution or organization, including such competent information with respect to such institution or organization as the city council may prescribe.

(Prior code § 7505)

A.

Every license granted under this chapter or any section hereof is granted and accepted by all parties receiving such license with the express understanding that the city council may revoke the same at any time when it appears that any state of facts exists upon which they would be authorized to deny an application for such license, or that the person, firm or corporation to whom such license was issued, or any of his or its agents, servants or employees, has violated or been convicted of violating any of the terms of this chapter, or of any other section of this code, or of any law of the state, now or hereafter, in force regulating the occupation or business for which such license was issued, or that the license was obtained by fraudulent representations, or that the holder of the license is an unfit person to be intrusted with the privileges granted by such license, or has conducted his business in an immoral or disorderly manner; provided, however, that no license shall be revoked without giving the holder thereof an opportunity to appear before the city council in his own behalf. On the revocation of the license no part of the money in the hands of the treasurer shall be returned, but such license fee shall be forfeited to the city. Notice of such revocation shall be given to the treasurer by the clerk. When a license of any person, firm or corporation is revoked for any cause, no new or other license shall be granted to the same person, firm or corporation within six months after such revocation.

B.

The city council may refuse to grant a license upon the same grounds as specified herein as causes for revocation.

(Prior code § 7508)

Every person, firm or corporation having a license under the provisions of this chapter, and conducting, managing or carrying on a business or occupation at a fixed place of business, shall keep such license posted and exhibited while in force in some conspicuous part of such place of business. Every person having such license and not having a fixed place of business shall carry such license with him at all times while carrying on the business or occupation for which the same was granted. Every person, firm or corporation having a license under the provisions of this chapter shall produce and exhibit the same whenever requested to do so by any officer authorized to issue, inspect or collect licenses.

(Prior code § 7509)

A.

No person, firm or corporation shall hereafter establish a junkyard within the incorporated area of the city unless and until a permit therefor shall first have been secured from the city council, and no junkyard shall be maintained or operated except in conformance with the terms and conditions of such permit.

B.

For the purposes of this section the term "junkyard" is defined to be a land area of four hundred (400) square feet or more, located within two hundred (200) feet of any public road or street, which is used for the storage or keeping of junk, including scrap metals or other scrap material, and/or for the dismantling or wrecking of automobiles or other vehicles or machinery.

C.

Application for a junkyard permit shall be made in writing and submitted to the city council, and shall be accompanied by a description of the proposed location, a plot plan and statement describing the proposed operation. Applications may be approved, conditionally approved or disapproved, and permits approved shall be issued for a term of one year, renewable at the discretion of the city council. Conditions to approval may include requirements for additional fences than are herein otherwise prescribed in this chapter, or screen planting, setbacks, driveway and access widths and locations, control of advertising, sanitation, health and safety controls, and any other controls to safeguard the public health, safety and general welfare.

(Prior code § 7521)

Every pawnbroker, secondhand dealer, junk dealer and junk collector shall, once a week, on each Saturday, or sooner, before the hour of ten a.m. make out and mail to the chief of police on a blank form to be obtained by such pawnbroker, secondhand dealer, junk dealer and junk collector from the chief of police for that purpose, a full, true and complete report of all goods, wares, merchandise or things received on deposit, pledged or purchased during the week preceding the filing of such report. Such report shall show the hour of the day when such article was received on deposit, pledged or purchased, and the true name and address, as nearly as the same is known to, or can be ascertained of the person or persons by whom such article was left on deposit, pledged or sold, together with a description of such person or persons. Such report shall further designate the make and license number of any automobile operated by such person or persons together with his operator's license number. The description to be given of every such person shall show style of dress, height, age, sex, complexion, color of mustache or beard, or both, where the same are worn, and if neither is worn, such fact shall be noted. Such report shall show the number of pawn ticket, amount loaned, quantity purchased and complete description of such article left on deposit, pledged or purchased. If any article so left on deposit, pledged or purchased has engraved thereon any number, word or initial, or contains any settings of any kind, the description of such article in such report shall contain such numbers, word or initial and shall show the kind of settings and the number of each kind. Blanks to be obtained from the office of the chief of police, shall be so printed and subdivided as to contain spaces with the proper captions for the furnishing of the information required by this chapter.

(Prior code § 7510)

Chief of police shall file, in some secure place in police's office, all reports received pursuant to terms herein, and same shall be open to inspection only to duly authorized peace officers, or upon an order of a court of competent jurisdiction made for that purpose.

(Prior code § 7512)

Every pawnbroker, secondhand dealer, junk dealer and junk collector shall keep a complete record of all goods, wares, merchandise or things pledged to or purchased or received by him, which record shall contain all the matters required to be shown in the reports referred to and described in Section 5.20.100. Every such record and all goods, wares, merchandise and things pledged to or purchased or received by any such pawnbroker, secondhand dealer, junk dealer or junk collector, shall be produced for inspection to any duly authorized peace officer.

(Prior code § 7511)

Every report and record required herein to be filed or kept shall be written or printed entirely in the English language, in a clear and legible manner.

(Prior code § 7513)

It is unlawful for any person, firm or corporation engaged in, conducting, managing or carrying on the business of pawnbroker, secondhand dealer, junk dealer or junk collector, or for any agent or employee of any such person, firm or corporation to fail, refuse or neglect to file any report 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 keep any record or records in the form and in the manner required by this chapter, or to fail, refuse or neglect to exhibit to any officer or person referred to in Section 5.20.120, immediately upon demand for the privilege of such inspection, any such record or any goods, wares, merchandise or things pledged to or purchased or received by such person, firm or corporation.

(Prior code § 7514)

No owner or keeper of a junk shop or junkyard shall receive any personal property by way of pledge or pawn, nor shall any owner or keeper of a junk shop or junkyard engage in the business of pawnbroking on the same premises wherein a junk shop or junkyard is located.

(Prior code § 7516)

The provisions of Sections 5.20.100 through 5.20.150 shall not apply to the receipt or sale of a secondhand article by any person, firm or corporation that receives such secondhand article as part payment of a new article, if such person, firm or corporation is the authorized representative or agent of the manufacturer of the new article sold.

(Prior code § 7518)

Except upon the prior written permission of the chief of police, it is unlawful for any pawnbroker, secondhand dealer or junk collector to sell or otherwise dispose of any article or thing within one week after making a report to the chief of police as required in Section 5.20.100 that such article or thing has been purchased or received by such pawnbroker, secondhand dealer, junk dealer or junk collector; provided, however, that the provisions of this section shall not apply to motor vehicles duly and regularly cleared for transfer by the state of California, Division of Motor Vehicles.

(Prior code § 7515)

It is unlawful for any person, firm or corporation, maintaining or operating a junk shop or junkyard, to receive or purchase any property, article or thing, from any person who shall appear to be, or who is known to be intoxicated, or from any minor under the age of twenty-one (21) years; provided, however, that this prohibition shall not apply where the minor dealing with such person, firm or corporation, presents the written consent of his parent or guardian, duly signed, authorizing the particular transaction had with such person, firm or corporation; and provided, further, that such written consent be retained by such person, firm or corporation, as long as the property procured through such transaction remains in the possession of

such person, firm or corporation, and provided that the written consent shall be exhibited, upon demand, to any peace officer requiring the same.

(Prior code § 7517)

It is unlawful for any person, firm or corporation engaged in, conducting, managing or carrying on the business of pawnbroker, junk dealer or junk collector or for any agent or employee of any such person, firm or corporation, to accept any pledge or to loan any money upon personal property or to receive or purchase any goods, wares or merchandise or any article or thing or in any manner whatsoever engage in or conduct any such business between the hour of seven p.m. of any day and the hour of seven a.m. of the following day.

(Prior code § 7519)

A.

If any business or establishment referred to in Section 5.20.010 shall be located in whole or in part in any yard, enclosure, lot or open area, such premises shall be completely surrounded and enclosed by a wall, fence or barrier constructed of wood or other solid impervious material, and so constructed as to be a continuous barrier, except for necessary openings, sufficient to prevent the ingress or egress of rats, mice or other rodents. Such wall, fence or barrier shall be continuously kept and maintained in the condition required by this section. Such wall, fence or barrier shall extend above the ground for at least six feet and shall extend to the level of the ground. Any and all necessary openings in such fence, wall or barrier shall be provided with suitable gates or door constructed of the same material and in the same manner of construction as is authorized by this chapter as suitable and sufficient for a fence, wall or barrier under this section. No such opening shall in any single instance exceed twelve (12) feet in width. Such gate or door shall be closed at all times except when in actual use for the purpose of ingress and egress.

It is unlawful for any person to permit any such business or establishment referred to and described in this chapter to be established, conducted, carried on or maintained unless the premises shall have been rendered rodentproof in the manner prescribed in this section and continuously maintained in such condition. Each day's violation of the requirements declared and established by this provision shall be and constitute a separate and distinct violation and offense.

B.

If any business or establishment referred to in Section 5.20.010 of this chapter shall be located in whole or in part in a yard, enclosure, lot or open area, such premises and area shall be kept clean and free from rubbish and similar loose material that might serve as a harborage for rats, mice or other rodents, and all loose metal, or parts or accessories of automobiles, and all other material kept, stored or accumulated in such place, shall be neatly and carefully piled, in such manner as to minimize and prevent as far as possible the harboring of such rodents, and shall be suitably protected from water and the elements so that there can be no accumulation of water in any article or thing located on such premises.

(Prior code §§ 7520, 7522)

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

(Prior code § 7523)