San Fernando Municipal Code Art. II Pawnbrokers, Junk and Secondhand Dealers

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Junk collector means a person not having a fixed place of business in this 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, paper, metal or other articles commonly known as junk.

Junk dealer means a person having a fixed place of business in this city and engaging 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.

Pawnbroker means a person engaged in, conducting, managing or carrying on the business of pawnbroking, or the business of loaning money for himself or for any other person upon personal property, 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 the business of a pawnbroker is carried on or conducted.

Secondhand dealer means a person engaging in, conducting, managing or carrying on the business of buying, selling or otherwise dealing in secondhand goods, wares or merchandise.

(Code 1957, § 17.1)

Cross reference— Definitions generally, § 1-2.

(a) Generally. Persons defined in section 66-26 of this article shall secure blank report forms from the chief of police. Such reports shall be made out and delivered to the chief of police each day before 10:00 a.m. and shall contain the following data:

(1) A full, true and complete report of all goods, wares, merchandise or things received on deposit, pledged, purchased or received during the day preceding the filing of such report.

(2) The hour of the day such article was received, pledged or purchased.

(3) The true name and address of the party making the sale, delivery or pledge as nearly as such is known to or can be ascertained by such person together with a description of such party, which shall include his height, age, sex, complexion, style of dress, color of mustache, if any, and, if lacking, such fact shall be noted.

(4) The number of the pawn ticket if a pledge is involved, and the amount loaned or pledged.

(5) A description of each article pledged, received or purchased. If such article is engraved or contains any settings, the description thereof shall include such number, figure, word or initial engraved thereon and shall show the kind and number of settings.

Where a junk dealer or person engaged in the business of purchasing scrap metals for the purpose of reselling, smelting or refining such metal makes purchases from a junk collector, in lieu of the description required in subsection (a)(3) of this section, the true name and city license number of such junk collector shall be sufficient.

(b) Contents. The blank report forms referred to in subsection (a) of this section shall bear a caption providing blank spaces in which shall be written or printed the date of such report, the name and place of business of the person making the report and the hour of the day when the report is received by the chief of police. Such forms shall be so printed and subdivided as to contain spaces with proper captions for the information required by this article. A copy of this subsection and subsection (a) of this section shall be printed upon the back of each such blank form.

(c) Legibility in English language. The report required by subsection (a) of this section shall be written or printed in a clear and legible manner entirely in the English language.

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

(Code 1957, §§ 17.2—17.5)

(a) Required; contents. Persons defined in section 66-26 of this article shall keep a complete record of all goods, wares, merchandise and all things pledged to or purchased or received by them, which record shall contain all of the matters required to be shown in the reports referred to and described in subsections 66-27(a) and (b) of this article and which shall be written or printed in a clear and legible manner entirely in the English language.

(b) Inspection. The records referred to in subsection (a) of this section shall be open at all times during business hours to the inspection of any member of the police department.

(Code 1957, §§ 17.6, 17.7)

Persons defined in section 66-26 of this article shall maintain on the premises where the business is located a sign plainly printed in the English language of sufficient size so that the sign may be easy to read from the sidewalk in front of such place of business. Such sign shall state the business in which such person is engaged. If the business is located in an office building, the sign shall be placed on the door of the office. If the business is located in a department of any building, the sign shall be placed at the entrance to such department.

(Code 1957, § 17.8)

(a) Pawnbrokers and secondhand dealers. Pawnbrokers and secondhand dealers shall not sell or otherwise dispose of any article or thing within 21 days after such article or thing has been purchased or received by such pawnbroker or secondhand dealer.

(b) Junk dealers and collectors generally. Junk dealers or junk collectors shall not sell or otherwise dispose of any article or thing within three days after such article or thing has been purchased or received by such junk dealer or junk collector.

(c) Persons purchasing scrap metals. Junk dealers or other persons engaged in the business of purchasing scrap metals for the purpose of reselling, smelting or refining the scrap metals shall retain and keep in a separate place on their premises the entire purchase of each day. Each day's purchase shall be kept in such place in its original condition for a period of three days after the purchase or receipt thereof and shall at all times be open to the inspection of the police department.

(Code 1957, §§ 17.9—17.11)

No person operating, managing or carrying on any business defined in section 66-26 of this article shall accept any pledge or loan money upon personal property or purchase or receive any article or carry on or transact such business in any manner during the hours or days specified in this section, nor shall any person carry on or transact any business of whatever character or buy or sell any articles, new or used, at any place of business for which a junk dealer's permit, a pawnbroker's or pawnshop permit, or a secondhand dealer's permit is issued, during any of the following hours or days:

(1) Between 6:00 p.m. and 8:00 a.m. on any day from Monday to Friday, inclusive.

(2) Between 7:00 p.m. Saturday and 8:00 a.m. of the following Monday. However, any such place of business may be kept open between 7:00 p.m. and 9:00 p.m. on Saturdays, provided that the only business done therein during such overtime hours is that of selling goods, wares and merchandise or other personal property.

(3) On any of the following holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas.

However, from December 14 to December 24, inclusive, excluding Sundays, any such place of business may be kept open until 10:00 p.m., provided the only business done therein during such overtime hours is that of selling goods, wares and merchandise, or other personal property.

(Code 1957, § 17.12)

If any person shall engage in, conduct, manage or carry on at the same time more than one of the businesses defined in section 66-26 of this article, such person shall be deemed to be engaging in, conducting, and carrying on each such business separately and apart from the other such business. Such person shall comply in all respects with the sections of this article relating to each such business, and no person shall fail, refuse or neglect otherwise to do so.

(Code 1957, § 17.13)

Claims to possession of stolen property shall be handled in accordance with Financial Code § 21206.8.

(Code 1957, § 17.14)

(a) Subsection 66-27(a) of this article shall not apply to the receipt or sale of a secondhand article by any person who receives or purchases such article from any other person when such other person has made the required report to the chief of police and shall have held the article for the length of time required by this article.

(b) Subsections 66-27(a) and 66-28(a) and section 66-30 of this article shall not apply to the purchase or sale by junk dealers or junk collectors of any rags, bottles other than milk or cream bottles, secondhand sacks or bags other than cement sacks or bags, barrels, cans, shoes, lamps, stoves or household furniture, with the exception of musical instruments or scrap iron when bought and sold for scrap, or to the purchase or sale by secondhand dealers of household furniture with the exception of all musical instruments, typewriters, accounting machines, adding machines, checkwriting machines, comptometers or other similar equipment, or to the purchase or sale of sacks, bags or rags other than cement sacks or bags.

(c) None of the sections of this article shall apply to auto wreckers, dealers in used motor vehicles or to secondhand book dealers.

(d) The acceptance, sale or disposal of used automobile tires or automobile batteries taken in part payment for new tires or batteries shall not be deemed to constitute the doing of any of the businesses set forth in section 66-26 of this article.

(Code 1957, § 17.15)