Paradise Municipal Code Ch. 5.10 Junk Dealers, Pawnbrokers and Secondhand Dealers

For the purpose of this title, the following words and phrases shall have the meanings respectively ascribed to them by this section:

A. Junk means any used, cast-off, damaged, discarded, obsolete, salvaged, scrapped, unusable, worn out, or wrecked object, thing, material or substance, regardless of whether the same is being held for sale or storage. Examples of "junk" include, but are not limited to: any old wire, iron, brass, copper, tin, aluminum, lead, or any other scrap metals or alloys, and any rags, carpet, papers, bags, cardboard, lumber, pallets, barrels, bottles, cans, plastics, or any dismantled or wrecked vehicles or parts thereof, used vehicle parts, machinery, appliances and/or parts or portions thereof, and used household furniture or other household personal property or parts or portions thereof.

B. "Junk collector" means any person not having a fixed place of business in the town who goes from house to house, or place to place, within the Paradise town limits, gathering up, receiving, collecting, buying, or selling junk, as defined in this section.

C. "Junk dealer" means any person with a fixed place of business, in the town limits, who carries on, conducts, maintains or engages in the business of buying, selling, or otherwise dealing in junk as defined in this section.

D. "Junkyard" means an area containing more than two hundred square feet used for the storage of junk.

E. "Pawnbroker" means a person engaged in conducting, managing or carrying on the business of pawnbroking, or the business of lending money for himself or any other person or firm upon personal property or pledges.

F. "Pawnshop" means any room, store, building or other place, in which any person engages in, carries on or conducts the business of a pawnbroker as defined in this section.

G. "Secondhand dealer" means and includes any person, partnership, firm, or corporation whose principal business is primarily that of engaging in buying, selling, trading, accepting for sale on consignment, accepting for auctioning or auctioning secondhand tangible personal property.

1. "Secondhand dealer" also includes any person who engages in the business of buying or selling secondhand tangible personal property in excess of twenty percent of the gross sales and purchases of goods or merchandise sold or purchased in the regular course of business.

2. "Tangible personal property" includes, but is not limited to, all secondhand tangible personal property which bears a serial number or personalized initials or inscription or which, at the time it is acquired by the secondhand dealer, bears evidence of having had a serial number or personalized initials or inscription.

3. "Tangible personal property" also includes, but is not limited to, the following:

a. All tangible personal property, new or used, received in pledge as security for a loan by a pawnbroker or a secondhand dealer acting as a pawnbroker;

b. All tangible personal property that bears a serial number or personalized initials or inscription which is purchased by a secondhand dealer or a pawnbroker or which, at the time of such purchase, bears evidence of having had a serial number or personalized initials or inscription.

c. All personal property commonly sold by secondhand dealers which statistically is found through crime reports to the Attorney General of the state of California to constitute a significant class of stolen good.

4. "Tangible personal property" does not include any new goods or merchandise purchased from a bona fide manufacturer, distributor, or wholesaler of such new goods or merchandise by a secondhand dealer. For the purposes of this chapter, however, a secondhand dealer shall retain for one year from the date of purchase, and shall make available for inspection by any law enforcement officer, any receipt, invoice, bill of sale or other evidence of purchase of such new goods or merchandise.

(Ord. 216 §2, 1992: Ord. 129 §5.10.010, 1985; Ord. No. 401, § 2, 8-26-2003)

It shall be unlawful for any person to engage in the business of junk dealer, junk collector, secondhand dealer, or pawnbroker in the town of Paradise without first having obtained a business license to engage in such activity as provided in this chapter.

(Ord. 129 §5.10.020, 1985)

Original applications for special licenses under this chapter shall be submitted on a form prescribed by and filed with the administrative services department. The original application and the applicant shall be referred immediately to the police department and subsequently to the planning director or his designee.

(Ord. 216 §3, 1992: Ord. 129 §5.10.030, 1985)

The police department shall photograph and fingerprint the applicant and make an investigation concerning the character of the applicant. The police department shall report within fifteen days its findings, to the administrative services department, together with a recommendation as to whether or not the applicant should be granted a license. (Ord. 129 §5.10.040, 1985)

In addition to the requirements of Section 5.10.030, the police department shall prepare an identification card containing the photograph of the applicant, which identification card shall be laminated in plastic. This identification card shall be submitted directly to the administrative services department along with the information provided for in Section 5.10.030. (Ord. 129 §5.10.050, 1985)

The administrative services department shall not issue any special license unless and until they receive the approval of the police department and verify with the planning director or his designee that the proposed business may be conducted at the location stated pursuant to applicable town adopted zoning regulations. Once such approval and verification have been received, the administrative services department shall notify the applicant of the amount of the corporate surety bond or cash deposit which shall be required prior to issuance of the license. The amount of such bond or deposit shall be as specified by resolution of the town council. The purpose of such bond or deposit is to insure that upon termination of the proposed business all junk and secondhand goods shall be removed from the premises. Upon receipt of a corporate surety bond or cash deposit in the required amount and in a form approved by the town attorney and payment of the required license fee, the administrative services department shall issue the special license applied for. The bond shall be deposited by the administrative services department with the town clerk. (Ord. 216 §4, 1992: Ord. 129 §5.10.060, 1985)

Upon termination of a license pursuant to the provisions of this title, whether by expiration or revocation, or upon termination of business pursuant to such license, the administrative services department shall notify the town planning director or designee who shall inspect the site to determine whether or not it has been cleaned up by removing all junk and secondhand goods. The planning director or designee shall report his findings to the administrative services department. If cleanup has been accomplished, the administrative services department shall release the cleanup bond or deposit. If cleanup has not been accomplished, the administrative services department shall report the matter to the town prosecutor together with a recommendation whether or not action should be taken on the bond or deposit to effect cleanup. (Ord. 216 §5, 1992: Ord. 129 §5.10.070, 1985)

Every junk dealer, secondhand dealer and pawnbroker shall display the license issued by the administrative services department in a conspicuous place on his business premises. Every junk collector shall have his license in his possession at all times while engaging in his business as a junk collector. (Ord. 129 §5.10.080, 1985)

It shall be unlawful for any person maintaining or operating a junkyard, secondhand store or pawnshop or junk collecting business, to receive or purchase any property, article or thing, from any person who shall appear to be or who is known to be under the influence of alcohol or drugs or from any minor under the age of eighteen years; provided, however, that this prohibition shall not apply where the minor dealing with such person presents the written consent of his parent or guardian, duly signed, authorizing the particular transaction had with such person; provided further, that such written consent shall be retained by such person as long as the property procured through the transaction remains in the possession of such person; provided, that such written consent shall be exhibited upon demand to any peace officer requiring the same. (Ord. 129 §5.10.090, 1985)

Every junk dealer, secondhand dealer and pawnbroker shall hold and keep exposed to public view during business hours any junk or antique or secondhand goods, in any manner received, until the expiration of thirty days after the submission of the report required by Section 5.10.140. (Ord. 129 §5.10.100, 1985)

Every junk dealer, secondhand dealer and pawnbroker shall keep in his place of business, and every junk collector shall keep in his possession while engaged in his business as a junk collector, a bound book in which he shall keep a written record of sale or other disposition of junk and antiques or secondhand goods made in the course of his business. Entry of each transaction shall be made at the time of the transaction. This record shall be exhibited upon demand to any peace officer.

(Ord. 129 §5.10.120, 1985)

The record required shall contain a description of the property purchased or otherwise received and sold or otherwise disposed of, the date of each such transaction, the price paid, the name, address, occupation and driver's license number of the person with whom the transaction is made, a description of such person and his signature.

(Ord. 129 §5.10.130, 1985)

Any person required to be licensed under this chapter shall submit, in person or by mail, a written report, daily to the police department which report shall be as required by California Business and Professions Code Section 21628 and shall contain a description of property purchased or otherwise received in his business prior to the time of the report and subsequent to the last prior report submitted, the date of receipt, price paid, the name, address and occupation of the person from whom such property was received and where such property will be located during the thirty days following the making of such report.

(Ord. 129 §5.10.140, 1985)

The provisions of this chapter shall not apply to any charitable organization incidentally engaged in the business of junk collector, junk dealer, or secondhand dealer.

(Ord. 129 §5.10.150, 1985)

If any person shall engage in, conduct, manage or carry 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 engaging in, conducting, managing and carrying on each such business separately and apart from the other such business, and such 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 to do so.

(Ord. 129 §5.10.160, 1985)