Redding Municipal Code Ch. 6.30 Secondhand Vendors

It is the intent of this chapter to provide controls which will decrease the potential for traffic in and sale of stolen goods. This chapter shall not supersede or supplant the California Business and Professions Code, nor any other applicable state law.

(Ord. 1881 § 2 (part), 1989)

For the purposes of this chapter, the following definitions shall apply:

A. A secondhand dealer includes any person, copartnership, firm, or corporation whose business is buying, selling, trading, taking in pawn, or accepting for sale on consignment any secondhand personal property. For the purposes of this chapter, secondhand vendor does not include any person or other entity who participates in any annual or semi-annual fair sponsored by a nonprofit corporation or association and approved by the city council, unless such person or entity is otherwise a secondhand dealer.

B. Secondhand property for the purposes of this chapter is defined as any property which has a manufacture-applied serial number, an owner-applied identification number, or jewelry which contains precious metals or precious gems as defined in Webster's New International Dictionary, current edition.

For the purposes of this chapter, the following property is excluded from the definition of secondhand property: washing machines, clothes dryers, freezers, refrigerators, ranges, stoves, full-sized pianos and organs.

(Ord. 1881 § 2 (part), 1989)

It shall be unlawful for any person to engage in the business of a secondhand vendor in the city unless such person has been issued as provided in this chapter.

(Ord. 1881 § 2 (part), 1989)

An applicant shall submit his application for a license to the chief of police, which application shall be under oath and shall include the true names and addresses of all persons financially interested in the business. In addition, the past criminal record, if any, of all persons financially or otherwise interested in the business shall be shown on such application if such record shows that any such person has been convicted of any offense involving theft, stolen property, or fraud. The term "persons financially interested" does not include landlords or persons that do not take part in the management, operations, or control of the business. The applicant and the persons financially interested are required to be fingerprinted and to pay the cost for such fingerprinting.

(Ord. 1881 § 2 (part), 1989)

The chief of police shall make such investigation as is necessary to determine the background of the applicant and other persons financially interested. The chief of police shall issue the license unless he finds that the applicant or any person financially interested has been convicted of any theft, related offense, or any offense relating to stolen property, including, but not limited to, receiving stolen property or attempting to receive stolen property.

(Ord. 1881 § 2 (part), 1989)

A. The chief of police may deny the application for a license, suspend the license for thirty days or less, or revoke the license of any secondhand vendor if the location of the business is contrary to the provisions of this code: or if the health; welfare or safety of the community warrant such denial, suspension, or revocation; or if the applicant or licensee or any employee, agent or representative thereof has:

1. Knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a license, or in any record or report required to be filed under this chapter; or

2. Violated any provision of this chapter.

B. No suspension or revocation shall be effective until the chief of police gives ten days' written notice of the basis for the suspension or revocation, and provides the licensee with a reasonable opportunity to be heard on the suspension or revocation.

(Ord. 1881 § 2 (part), 1989)

The license issued pursuant to this chapter shall be valid for one year from the date of issuance. A license may be renewed annually if, on or before the thirtieth day prior to the expiration date of the currently valid license, the licensee applies for renewal of the license. The renewal application shall include any changes in the information contained in the original license application. The chief of police shall grant or deny the renewal on the same basis as an original application.

(Ord. 1881 § 2 (part), 1989)

At the end of each day, every vendor shall file with the chief of police, either by personal delivery or by depositing the same in the United States Post Office mail, first-class postage prepaid, addressed to the Chief of Police, Redding Police Department, 1313 California Street, Redding, California 96001, properly completed "buy-form" records for secondhand property received during such day by the vendor. Such "buy-form" records shall be on forms furnished by the vendor, which have been approved by the chief of police. The "buy-form" records shall be made in triplicate, and be written, printed or typed in a legible manner. The "buy-form" shall contain the following information:

A. The name of the person from whom the goods were purchased, together with (1) the address and description of the person from whom such goods were purchased and (2) a description of the vehicle in which the goods were delivered to the vendor or the driver's license or identification card number of the person.

B. A description of the thing or things purchased by the name of the article; the name of the manufacturer, if known; the serial number or numbers; and the initials or identifying marks or inscriptions if the article is one which is identified by such numbers, initials, marks or inscriptions.

A copy of each "buy form" record shall be kept on file at the place of business of the licensee for a period of one year, and shall be available for inspection by any member of the police department during the business hours of the vendor.

This section shall not apply to secondhand property which a vendor has acquired from another person who, under applicable state and/or local laws, shall have previously reported such secondhand property to the appropriate police agency. The vendor acquiring such property shall, upon demand by the police department, present satisfactory records of such prior reporting.

(Ord. 1881 § 2 (part), 1989)

The chief of police shall maintain a file of all records received pursuant to the terms of this chapter for a period of one year, and such records shall be open to inspection by any peace officer of this state.

(Ord. 1881 § 2 (part), 1989)

Except as otherwise provided herein:

A. Prior to any sale or disposal of secondhand personal property, every vendor shall retain said secondhand personal property in his possession for a period of thirty days (hereinafter referred to as "holding period") after acquisition by him.

B. The thirty-day holding period shall commence with the date that the "buy-form" report of its acquisition is filed with the chief of police by the vendor. Under such conditions as may be required, the chief of police or his agents may, for good cause, authorize prior disposition of any such property in lieu of holding the property for the prescribed thirty days.

C. This section shall not apply to secondhand property which a vendor has acquired from another person who, under applicable state and/or local laws, shall have previously held such secondhand property for the period prescribed by such laws. The vendor acquiring such property shall, upon demand by the chief of police or his agents, present satisfactory records that such secondhand property shall have been held for such required period.

(Ord. 1881 § 2 (part), 1989)

A secondhand vendor shall not allow any secondhand property pledged to or purchased by him to be cleaned, altered, repaired, painted, or otherwise changed in appearance until such secondhand property has been held for the time required by this chapter, or unless released by the chief of police or his agents.

(Ord. 1881 § 2 (part), 1989)

The chief of police or his agents may release any property required to be held by this chapter if, after an inspection, it is determined that such property is in the lawful possession of the secondhand vendor.

(Ord. 1881 § 2 (part), 1989)

The secondhand vendor shall make the reported property available for inspection by the police department. If there is reasonable basis to believe the property is stolen, the chief of police or his agents may place a hold order upon the property for a period of forty-five days.

The secondhand vendor shall be provided with written notice of the item to be held. This notice shall include a description of the property, the police department case number, and the name of the case officer.

(Ord. 1881 § 2 (part), 1989)

The following are excluded from the operation of this chapter:

A. Secondhand motor vehicles, the transfer of ownership of which is required to be made a matter of record with the California Department of Motor Vehicles pursuant to the Vehicle Code.

B. Receipt or sale of a secondhand article by any person that received such secondhand article as part payment of a new or used article, if such person is the authorized representative or agent of the manufacturer of or regularly deals in the new or used article sold.

C. Any person acting as a vendor for the exclusive benefit of any community chest fund, foundation, or corporation organized and operated for religious, hospital, or charitable purposes and not conducted for a profit, where no part of the gross receipts or net earnings inure to the benefit of any private shareholder or person participating in the organization or conduct of the sale or exchange.

D. A vendor who has acquired secondhand property from another person who, under applicable state and/or local laws, shall have previously reported such secondhand property to the appropriate police agency.

E. Secondhand property acquired pursuant to the provisions of Business and Professions Code Section 21629.

(Ord. 1881 § 2 (part), 1989)

Any person violating the provisions of this chapter shall be deemed guilty of a misdemeanor; and upon conviction shall be fined in an amount not to exceed five hundred dollars, or by imprisonment for a period of not more than six months in the county jail, or by both such fine and imprisonment.

(Ord. 1881 § 2 (part), 1989)