Chapter 5.56 — PAWNBROKERS, JUNK AND SECONDHAND DEALERS

A.

For the purpose of this chapter "junk collector" means a person not having a fixed place of business in the city, who gathers, collects, buys, sells or otherwise deals in any old rags, sacks, bottles, cans, paper, metal or other articles commonly known as junk.

B.

For the purpose of this chapter "junk dealer" means 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 at wholesale or retail, any old rags, sacks, bottles, cans, paper, metal or other articles commonly known as junk.

C.

For the purpose of this chapter "pawnbroker" means a person, firm or corporation engaged in conducting, managing or carrying on the business of pawnbroking, or the business of loaning money for himself, or any other person, firm or corporation upon 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. "Pawnshop" means any room, store or place in which any such business is engaged in, carried on or conducted.

D.

For the purpose of this chapter "secondhand dealer" means:

A person, as herein defined, engaged in, conducting, managing or carrying on the business of buying, selling or otherwise dealing in secondhand goods, wares or merchandise; or

A person, as herein defined, engaged in, conducting, managing or carrying on the business of buying, selling or otherwise dealing in secondhand jewelry, precious and semiprecious stones and metals and imitations thereof, watches, rings, bracelets or other similar goods, wares and merchandise.

The term "secondhand dealer" does not include any person, firm or corporation who or which engages in the business of selling genuine antique articles which are purchased by such person directly from a wholesale dealer in such articles, or which are imported into the United States of America by such person.

(Ord. 5485 § 1, 1980; Ord. 3579 § 1, 1941; Ord. 3312 § 1, 1936; Ord. 3151 § 1, 1934: Ord. 1585 § 1, 1916)

It is unlawful for any person, firm or corporation to engage in, conduct, manage or carry on the business of pawnbroker, secondhand dealer, junk dealer or junk collector without a license certificate therefor issued as herein provided.

(Ord. 1945 § 1, 1921: Ord. 1620 § 1, 1916: Ord. 1585 § 2, 1916)

Any person, firm or corporation desiring a license to conduct the business of pawnbroker or secondhand dealer shall file an application in writing therefor, specifying by street and number the place or places where such business is proposed to be conducted. The application shall be signed by the applicant and shall contain his or its business and residence addresses. Upon filing of an application for a license to act as a secondhand dealer, complying with the requirements of this section, and upon the payment of $10.00 for each separate establishment or place of business conducted within the city, the city assessor, tax and license collector shall issue a license certificate authorizing the holder to engage in the business of secondhand dealer for a period of one year from the date of the license certificate. Upon filing of an application for a license to act as a pawnbroker, complying with the requirements of this section, and upon the payment of $50.00 for each separate establishment or place of business conducted within the city, the city assessor, tax and license collector shall issue a license certificate authorizing the holder to engage in the business of pawnbroker for a period of 1 year from the date of the license certificate.

The fees required by this section are in addition to any business license tax required by Chapters 5.04 through 5.16.

(Ord. 6113 § 24, 1985: Ord. 3383 § 1 (part), 1937; Ord. 3151 § 2 (part), 1934: Ord. 1945 § 2 (part), 1921: Ord. 1657 § 1 (part), 1917: Ord. 1620 § 2 (part), 1916: Ord. 1585 § 3(a), 1916)

A.

Any person, firm or corporation desiring to obtain a license to conduct or carry on the business of junk dealer or junk collector shall file an application therefor in writing with the city assessor, tax and license collector, specifying by street and number the place or places where the business is proposed to be conducted or carried on, or in case of one who has no fixed place of business in the city, specifying his or its residence address by street and number and town or city. The application shall contain a statement of the number of vehicles to be used in such business, and shall be signed by the applicant.

B.

At the time of filing an application for a license to act as a junk dealer, the applicant shall pay a fee of $100.00 for each separate establishment or place of business within the city, plus the following additional fee for each vehicle used in the conduct of the business:

Number of Vehicles Used in Business Additional Fee for Each Vehicle

1 vehicle ..... No additional fee

2 to 4 vehicles ..... $100.00 for each vehicle

5 or more vehicle ..... s $50.00 for each vehicle

These fees are in addition to any business license tax required by Chapters 5.04 through 5.16.

C.

Upon filing of such application for a license to act as a junk collector and payment of the fees specified in subsection B of this section, the city license collector shall issue a license certificate authorizing the holder to engage in the business of junk collecting for a period of one year from the date of the license certificate.

(Ord. 6113 § 25, 1985: Ord. 4692 § 1, 1965: Ord. 3383 § 1 (part), 1937: Ord. 3242 § 1, 1935: Ord. 3151 § 2 (part), 1934: Ord. 1945 § 2 (part), 1921: Ord. 1657 § 1 (part), 1917: Ord. 1620 § 2 (part), 1916: Ord. 1585 § 3(b), 1916)

Notwithstanding any provisions of this chapter to the contrary, any religious, charitable or educational society or institution engaging in, conducting, managing or carrying on the business of secondhand dealer, junk dealer or junk collector shall not be required to make payment of any of the fees herein prescribed, provided that the proceeds, compensation and earnings obtained from such business are devoted to the religious, charitable and educational purposes, respectively, of such religious, charitable or educational society or institution.

(Ord. 3151 § 2 (part), 1934: Ord. 1945 § 2 (part), 1921: Ord. 1657 § 1 (part), 1917: Ord. 1620 § 2 (part), 1916: Ord. 1585 § 3(c), 1916)

In the event that any person, firm or corporation holding a permit or license to conduct or carry on the business of pawnbroker, secondhand dealer, junk dealer or junk collector violates or causes or permits to be violated any of the provisions of this chapter, or any provision of any other ordinance or of any law relating to or regulating any such business, or shall conduct or carry on such business so to be conducted or carried on, the commission shall, in addition to other penalties provided by this chapter, revoke the permit or license issued for conducting or carrying on such business. If the permit or license of any person, firm or corporation to conduct or carry on any business under the provisions of this chapter shall be revoked, no permit or license shall be granted to the person, firm or corporation to conduct or carry on any such business within 12 months after the revocation.

(Ord. 1620 § 4 (part), 1916; Ord. 1585 § 5 (part), 1916)

No permit or license shall be revoked until a hearing has been had by the commission in the matter of the revocation of such permit or license, notice of which hearing shall be given in writing and served at least 3 days prior to the date of hearing upon the holder of such permit or license, or his manager or agent, which notice shall state the ground of complaint against the holder of the permit or license or against the business carried on by the holder, and shall also state the time when and place where the hearing will be had. Such notice shall be served upon the holder of such permit or license by delivering the same to such person, or to his manager or agent, or to any person in charge of or employed in the place of business of the

holder, or if the person has no place of business, then at his place of residence, or by leaving the notice at the place of business or residence of the person with some person of suitable age and discretion. If the holder of the permit or license cannot be found and service of the notice cannot be made upon him in the manner herein provided, then a copy of the notice shall be mailed, postage fully prepaid, addressed to the holder of the permit or license at such place of business or residence, at least 3 days prior to the date of the hearing.

(Ord. 1620 § 4 (part), 1916; Ord. 1585 § 5 (part), 1916)

Every pawnbroker, secondhand dealer and junk dealer shall on each Monday and Thursday before the hour of 10 in the morning, make out and deliver or cause to be delivered to the chief of police, or his clerk, on a blank form to be obtained by such pawnbroker, secondhand dealer and junk dealer from the office of the police department for that purpose, a full, true and complete report of all goods, wares, merchandise or things received on deposit, pledged or purchased during the period preceding the filing of the report. The report shall show the hour of the day when each article was received on deposit, pledged or purchased, and the true name and address, as nearly as the same is known or can be ascertained by such pawnbroker, secondhand dealer and junk dealer, 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. The report shall show the number of the pawn ticket, amount loaned, amount purchased and a complete description of each 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 the report shall contain such number, 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 police department as herein provided shall bear a caption providing blank spaces in which shall be written or printed the date of the report, the name and place of business of the person, firm or corporation making the same, and the hour of the day when the same is received at the office of the police department. Such blanks shall be so printed and subdivided as to contain spaces with the proper captions for the furnishing of the information required by this chapter. A copy of the ordinance codified herein to be furnished by the city clerk shall be kept conspicuously posted in the place of business of every such pawnbroker, secondhand dealer and junk dealer.

(Ord. 1585 § 6 (part), 1916)

It is unlawful for any person to sign or give a fictitious name or address upon the deposit, sale or pledge of any goods, wares, merchandise or thing of value, or for use in the report form required to be made by the provisions of Section 5.56.080, or for use in the register required to be kept by the provisions of Section 339 of the Penal Code.

(Ord. 3242 § 2, 1935: Ord. 1585 § 6 (part), 1916)

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, or sold or otherwise disposed of, which record shall contain all the matters required to be shown in the reports referred to and described in Sections 5.56.080 and 5.56.090. 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 open at all times during business hours to the inspection of the chief of police or any police officer of the city.

(Ord. 1585 § 7, 1916)

The chief of police shall file in some secure place in his office all reports received pursuant to the terms of this chapter, and the same shall be open to inspection only by members of the police department of the city, or upon an order of a court of competent jurisdiction made for that purpose.

(Ord. 1585 § 8, 1916)

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

(Ord. 1585 § 9, 1916)

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 the chief of police or to any police officer of the city 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.

(Ord. 1585 § 10, 1916)

It is unlawful for any pawnbroker, secondhand dealer, junk dealer or junk collector to sell or otherwise dispose of any article, merchandise or thing within 15 days after the same has been received or purchased or to fail to keep such article, merchandise or thing unaltered, as pledged or purchased, in lots separate and apart from other articles, merchandise, or things in the place of business of such pawnbroker, secondhand dealer, junk dealer or junk collector for a period of 15 days from the date of pledge or purchase thereof.

(Ord. 3242 § 3, 1935: Ord. 1585 § 11, 1916)

The provisions contained in Sections 5.56.100 and 5.56.140 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, or to the purchase or sale of any motor vehicle, trailer or semitrailer which has been registered in California as required by law.

(Ord. 3242 § 4, 1935; Ord. 1585 § 12, 1916)

If any person, firm or corporation engages in, conducts, manages or carries on, at the same time, more than 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 such business separate and apart from the other such business, and the 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 so to do.

(Ord. 1585 § 15, 1916)

Any person who or which engages in, conducts, manages or carries on any business activity which is subject to the provisions of this chapter shall comply with all of the requirements set forth herein to the extent that the business activity is included in the definitions set forth in Section 5.56.010.

(Ord. 5485 § 2, 1980).

Any person, firm or corporation violating any of the provisions of this chapter is deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not to exceed $500.00 or by imprisonment in the city jail for a period of not to exceed 6 months. Each such person, firm or corporation is deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided by this chapter.

(Ord. 1585 § 16, 1916).