Rialto Municipal Code Ch. 4.04 Pawnbrokers and Secondhand Dealers

The purpose of this chapter is to require reporting acquisitions of identifiable secondhand tangible personal property by persons whose principal business is the buying, selling, trading, auctioning or taking in pawn of secondhand personal property.

(Ord. 980 (part), 1986)

The persons affected by this chapter are all those covered by the term "secondhand dealer," as defined in Section 21626 (subject to the exemptions in Section 21629) of the California Business and Professions Code, including, but not limited to, pawnbrokers, secondhand dealers, coin dealers, and junk dealers.

(Ord. 1234 (part), 1995: Ord. 980 (part), 1986)

All the property and other valuable goods, wares and merchandise received on deposit or purchased shall be kept intact in their original state by every junk dealer, secondhand dealer, pawnbroker, and proprietor or owner of any office or any other place of business where money is loaned on personal property for compensation, for a period of ten calendar days from the date of such purchase, receipt or acquisition of the same, and shall be exhibited to the police chief or made available for inspection by any law enforcement officer or employee designated by the police chief. All pawnbrokers and dealers in secondhand goods shall maintain a written record of all sales and purchases of all secondhand or used goods purchased by them for cash at their place of business. As part of the written record of sales and purchases, the pawnbroker must make an impression of the customer's fingerprint on the record of sales and purchases for every person who pawns, trades, or sells personal property to a secondhand dealer or pawnbroker. Such records shall be made available and exhibited to the police chief or made available for inspection by any law enforcement officer or employee designated by the police chief upon demand being made therefor by such officer or employee.

(Ord. 1234 (part), 1995: Ord. 980 (part), 1986)

No secondhand dealer or pawnbroker shall, after the purchase or pawn of used or secondhand property, equipment or material, dispose of the same for a period of ten days. The police chief may for good cause, as specified by the department of justice, authorize prior disposition of such property described in a specific report; provided, that a secondhand dealer who disposes of tangible personal property pursuant to such authorization shall report the sale thereof to the chief of police.

(Ord. 1234 (part), 1995: Ord. 980 (part), 1986)

A. Every pawnbroker, loan broker, and every proprietor, keeper or owner of any office or other place of business where money is loaned on personal property for a compensation, shall daily, except Saturday, Sunday, or on any holiday, make and deliver to the police department, before the hour of twelve noon, on a blank form to be furnished by the police department for that purpose, a full, true and complete report of all the property and other valuable goods, wares, merchandise or other things received on deposit or purchased during the preceding twenty-four or longer consecutive hours, as the case may be, together with the following:

1. The hour of the day when received on deposit, in pawn, or purchase;

2. A description of the person or persons by whom left in pledge, or deposit, or from whom purchased; and

3. A photocopy of the customer's driver's license or other picture identification from any governmental agency attached to the form;

B. Such report shall be written in the English language, in a clear and legible manner.

(Ord. 1234 (part), 1995: Ord. 980 (part), 1986)

A. The police chief shall cause such number of blank forms to be printed as may be necessary for the reports required by the provisions of Section 4.04.050 of this chapter, which blanks shall be so printed and subdivided that there shall be spaces for writing in the following information:

1. The number of pawn tickets;

2. The amount loaned;

3. The amount purchased;

4. A description of the articles;

5. The name and residence address of the person pledging or selling the articles, showing the true name as nearly as known;

6. A description of the person pledging or selling the articles, giving the age, sex, complexion, color of mustache and/or beard when worn, the style of dress, height, and visible marks or scars;

7. Documentation of type of identification, i.e., driver's license and/or passport, or an identification card issued by any state or the United States;

8. The signature, in his own handwriting, of the person pledging or selling the articles. No purchases of secondhand merchandise will be made from any person under eighteen years of age;

9. The time when the articles were received;

10. The date of the report;

11. The hour of the day of the report;

12. A fingerprint impression taken from the intended seller or pledgor; and

13. The name and place of business of the person making the report.

B. The police chief shall cause to be printed on such blank forms a copy of the provisions of this chapter.

(Ord. 1234 (part), 1995: Ord. 980 (part), 1986)

The police chief shall, from time to time, provide the blank forms required by the provisions of Section 4.04.050 of this chapter to the person from whom the reports are required, at a charge of two dollars per book of twenty-five forms, consisting of an original and three duplicates. Such charge of two dollars shall be paid to the city, upon receipt of the blanks, by the person from whom such reports are required.

(Ord. 980 (part), 1986)

The police chief, upon receipt of such reports from any of the persons from whom the reports are required, shall cause the same to be filed in the police department records bureau. Such reports shall be open to inspection only to the police department of the city, or other duly authorized law enforcement agencies, providing such request complies with laws pertaining to information. In the absence of the foregoing circumstances, information or inspection shall require a duly authorized court order made for that purpose.

(Ord. 980 (part), 1986)

A. Every person, firm or corporation subject to this chapter shall apply for, and obtain from the chief of police, a permit which shall be kept on display in the permittee's place of business. The application for such permit shall be in such form as the chief of police shall require. It may be revoked for violation of the requirements of this chapter if, within ten days of receiving written notice of such violation, the violation has not been cured. Operation without such permit is a misdemeanor.

B. There is an annual fee of sixty dollars for such permit, payable at the same time and under the same rules as the city license provided for in Section 5.54.100 of this code. The permit required by this section is regulatory in nature and is not a substitute for the city license required by Section 5.54.020 of this code, and it is not to be deemed a franchise.

(Ord. 980 (part), 1986)

A. Any person, firm, or corporation whose application for a new permit or the renewal of an existing permit pursuant to Section 4.04.090 is denied, or whose existing permit is revoked pursuant to the terms of Section 4.04.090, may appeal the finding of the chief of police to the pawnbrokers and secondhand dealers appeals board. The appeals board shall be comprised of three members consisting of the city administrator or his or her designee and a representative from two local law enforcement agencies other than the city's police department. Any appeal taken pursuant to this section shall be filed with the city administrator in writing within five business days of the affected person's receipt of the decision of the chief of police.

B. The city administrator shall schedule an informal hearing in front of the appeals board within ten days of receiving an appeal from any person, firm or corporation pursuant to the provisions of this section. The city administrator shall notify the party appealing the decision of the chief of police in writing of such hearing at least five calendar days prior to the hearing date. The following procedures shall apply to the hearing:

1. The hearing shall be informal in nature.

2. Formal rules of evidence (California Evidence Code and/or the Federal Rules of Evidence) shall not apply.

3. If the hearing is to review the denial of an application for a new permit or the renewal of an existing permit pursuant to Section 4.04.090 of this chapter, the party whose application was denied shall have the opportunity to present information and to respond to any allegations which served as the basis for the chief of police denial of his or her application.

4. If the hearing is to review the determination to revoke an existing permit pursuant to Section 4.04.090 of this chapter, the party whose permit was revoked shall have the opportunity to respond to the allegations and present information relevant to his or her defense.

5. At the conclusion of the hearing, or within a reasonable time thereafter not to exceed ten business days, the appeals board shall, based upon the evidence presented at such hearing, determine whether to uphold or overturn the decision of the chief of police.

6. The appeals board shall notify the party requesting the appeal hearing of its ruling by written notice, delivered by certified mail return receipt requested, to the address provided by the party on their appeal application.

7. Any person aggrieved by the appeal board's decision may file a writ of administrative mandamus pursuant to Section 1094.5 of the California Code of Civil Procedure within ninety days of the date the appeals board issues its decision.

(Ord. 1306 § 1, 2000)