San Marcos Municipal Code Ch. 5.28 Secondhand Dealers/Pawnbrokers

The City Council finds that secondhand/pawnbroker businesses provide a means of disposing of stolen goods. Investigations by law enforcement agencies reveal that new, used and stolen property is acquired and sold by secondhand/pawnbroker businesses. Because secondhand/pawnbroker businesses can be vehicles for the disposal of stolen goods, such businesses should be subject to controls to minimize the potential traffic of stolen goods.

(Ord. No. 2013-1378, 4-23-13)

The California Business and Professions Code, and California Financial Code contain provisions enacted by the State of California for the uniform regulation of secondhand goods, to curtail the dissemination of stolen property and to facilitate the recovery of stolen

property. It is the intent of this chapter to preclude secondhand/pawnbroker businesses from being depositories for stolen goods by providing regulations consistent with State law.

(Ord. No. 2013-1378, 4-23-13)

The provisions of Article 4 (Tangible Personal Property), Sections 21625—21647 of the California Business and Professions Code, and Division 8 (Pawnbrokers), Sections 21000—21307 of the California Financial Code, are applicable within the jurisdictional boundaries of the City of San Marcos as may be amended from time to time.

(Ord. No. 2013-1378, 4-23-13)

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

(a)

Issuing Authority means the San Diego County Sheriff's Department.

(b)

Issuing Officer of the City of San Marcos means the City Manager of the City of San Marcos or his designee.

(c)

Pawnbroker has the same definition as the term "pawnbroker" in Financial Code Section 21000.

(d)

Secondhand dealer has the same definition as the term "secondhand dealer" in Business and Professions Code Sections 21626 and 21626.5.

(e)

State Secondhand Dealer/Pawnbroker Regulations means California Business and Professions Code, Article 4 (Tangible Personal Property), Sections 21625—21647, and California Financial Code, Division 8 (Pawnbrokers), Sections 21000—21307.

(f)

Tangible personal property has the same definition as the term "tangible personal property" in Business and Professions Code Section 21627.

(Ord. No. 2013-1378, 4-23-13)

No person shall conduct business as a pawnbroker or secondhand dealer within the City of San Marcos without first obtaining a State secondhand dealer or pawnbroker license from the Issuing Authority, pursuant to the requirements and procedures set forth in the State Secondhand Dealer/Pawnbroker Regulations.

No person shall conduct business as a pawnbroker or secondhand dealer within the City of San Marcos without first obtaining a business license. A copy of the State secondhand dealer or pawnbroker license must be provided, together with any other documentation that the Issuing Officer of the City of San Marcos may require, prior to issuance of a City business license.

(Ord. No. 2013-1378, 4-23-13)

A secondhand dealer or pawnbroker shall not allow any second-hand property pledge 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 Sheriff's Department. Such secondhand property shall be available for public view during business hours for the duration of the holding period or until released by the Sheriff's Department.

(Ord. No. 2013-1378, 4-23-13)

No secondhand or pawnbroker businesses may be carried on where prohibited by the zoning ordinance or within a structure which does not comply with applicable building code regulations.

(Ord. No. 2013-1378; 4-23-13)

5.28.080—5.28.140 - Reserved.

(Repealed by Ord. No. 2013-1378, 4-23-13)