Chapter 4-9 — SECONDHAND DEALERS—JUNK DEALERS—PAWNBROKERS

Article 1 Definitions—General Provisions(Legislative History: Ordinance No. 81-072, 10/19/81)

The following words and phrases, whenever used in this Chapter, shall be construed as defined in this section:

"Junk" means any and all secondhand and used machinery and scrap metal, including tools, implements or parts or portions thereof, and any and all secondhand and used furniture or other personal property, other than livestock, or parts or portions thereof.

"Junk Dealer" includes any person engaged in the business of buying, selling and dealing in junk, any person purchasing, gathering, collecting, soliciting or traveling about from place to place procuring junk, and any person operating, carrying on, conducting or maintaining a junk yard or place where junk is gathered together and stored or kept for shipment, sale or transfer.

"Junk Yard" includes any yard, plot, space, enclosure, building or any other place where junk is collected, stored, gathered together and kept.

"Secondhand Dealer" means and includes any person, whose principal business is primarily that of engaging in buying, selling, exchanging, trading, accepting for sale or consignment, accepting for auctioning or auctioning secondhand personal property of whatever kind or description. "Secondhand Dealer" shall not include any person operating an automobile wrecking establishment or secondhand automobile business.

"Pawnbroker" means and includes any person, other than banks, trust companies, or bond brokers, who may otherwise be regulated by laws authorized to deal in commercial paper, shares of stock, bonds or other certificates of value, who is engaged in the business of receiving goods in pledge as security for a loan.

"Person" includes any individual or organization, any trustee, receiver, assignee, agent or other representative.

"Organization" includes any partnership, corporation, joint venture, association, or other entity, however organized.

Any violation of the provisions of this chapter shall be punishable as a misdemeanor.

Article 2

Permit Required(Legislative History: Ordinance No. 81-072, 10/19/81)

It shall be unlawful for any person to engage in, carry on, or conduct the business of junk dealer, secondhand dealer or pawnbroker without a valid permit issued under the provisions of this chapter.

All applications for permits shall be filed with the Chief of Police on such forms as he or she may prescribe and shall contain such information as the Chief of Police shall reasonably deem necessary for the proper processing of the application.

The Chief of Police shall issue a permit unless he or she finds:

(a) That the applicant has been convicted of an attempt to receive stolen property or any other offenses involving stolen property;

(b) That the conduct of the business or activity at the location for which application is made, will violate any city, state or federal law or regulation, or is likely to constitute a public nuisance;

(c) That the applicant has made any material statement or concealment in the application; or

(d) That the applicant is under 18 years of age.

The Chief of Police shall cause such investigation of the application to be made as he or she deems necessary and shall grant or deny the permit within 45 days after application.

Any permit may be suspended or revoked by the Chief of Police when it shall appear to him or her that the activity authorized by such permit is conducted, maintained or carried out in a manner contrary to or in violation of any law of the state, county, city or federal government, or any provision of this Chapter. In addition, the Chief of Police may suspend or revoke the permit upon any grounds which would justify a denial to issue a permit.

No permit shall be revoked or suspended until a hearing shall have been held by the Chief of Police. Written notice of the time and place of such hearing shall be served upon the person to whom the permit was granted at least five working days prior to the date set for such hearing. Such notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending such permit. Notice may be given either by personal delivery thereof to the person to be notified or by depositing the same in the U.S. mail in a sealed envelope postage paid, addressed to such person to be notified at his or her address as it appears in his or her application for a permit.

Any person aggrieved by the decision of the Chief of Police, relating to the denial of a permit, revocation or suspension, may, within 10 days after the decision is communicated to the applicant in writing by the Chief of Police, appeal such decision to the City Council by filing a written notice, thereof with the City Clerk. If such notice is not filed within 10 days, the decision of the Chief of Police shall be final.

The City Council shall hold a public hearing to hear the appeal within 30 days from the date of filing such notice of appeal, and shall, conditionally or otherwise, grant, deny, reinstate or refuse to reinstate such permit.

Every application for a permit shall be accompanied by a non-refundable application fee, the amount of which shall be established by the City Council from time to time by resolution upon recommendation of the City Manager or designee. This application fee shall be in addition to any other business license fee or permit fee imposed by the San Leandro Municipal Code.

Article 3

Records(Legislative History: Ordinance No. 81-072, 10/19/81)

Any person engaged in, carrying on or conducting the business of junk dealer, secondhand dealer, or pawnbroker shall keep, or cause to be kept, at place of business, a bound book containing the following information, in English:

(a) An exact description of all personal property purchased, sold, exchanged, traded, accepted on consignment, accepted for auction, pledged, pawned, or otherwise transferred, which description shall include any serial number and all particular or prominent marks of identification that may be found on such property.

(b) The name, signature, address, date of birth, sex and description of the person with whom the junk dealer, secondhand dealer or pawnbroker transacts the business referred to in subparagraph (a) above.

(c) The amount of money paid or received in such transaction and the rate of interest to be charged, if any;

(d) The date and hour of the transaction;

(e) The name of the junk dealer's, secondhand dealer's or pawnbroker's employee or agent who transacted the business, if other than the junk dealer, secondhand dealer or pawnbroker him or herself; and

(f) The license number of the vehicle, if any, in which the personal property was transported to the junk dealer's place of business.

All persons engaged in carrying on or conducting the business of junk dealer, secondhand dealer or pawnbroker shall provide the Chief of Police with copies of the records specified in Section 4-9-300. Such records shall be transmitted to the Chief of Police daily on the day after the transaction, or on the first working day after the transaction.

The records specified in Section 4-9-300, shall be open for inspection by any San Leandro Police Officer at any time during regular business hours. Any San Leandro Police Officer shall also have the right to inspect the junk dealer's, secondhand dealer's or pawnbroker's premises to search for lost or stolen property, or to compare the entries kept in one record book with the personal property located on such premises.

It shall be a misdemeanor to alter any records required to be kept under Section 4-9-300.

Article 4

Retention of Personal Property(Legislative History: Ordinance No. 81-072, 10/19/81)

Every junk dealer, secondhand dealer and pawnbroker shall retain in his or her possession for a period of 30 days, all personal property reported under the provisions of Section 4-9-300 and Section 4-9-305. The 30 day holding period shall commence with the date the copy of the records required to be kept was received by the Chief of Police.

For good cause the Chief of Police may authorize, in writing, the disposition of any personal property prior to the end of the 30 day holding period.

The Chief of Police may place a hold-order upon any personal property, except tangible personal property as defined in Business & Professions Code §21627, for a period of 60 days in addition to the 30 day holding period specified in Section 4-9-400. Such additional hold-order may require the junk-dealer, secondhand dealer or pawnbroker to keep a record of the disposition of such property.

Article 5

Posting

A copy of this ordinance shall be posted in a conspicuous place in the place of business of all junk dealers, secondhand dealers and pawnbrokers. In the alternative, a summary of the salient provisions of this ordinance, approved by the Chief of Police, may be so posted.

A copy of Section 4-1-830 of this Code shall be posted in a conspicuous place in the place of business of all junk dealers, secondhand dealers and pawnbrokers.