San Rafael Municipal Code Ch. 10.20 Pawnbrokers and Secondhand Dealers

It is unlawful for any person to engage in or conduct, manage or carry on, within the city of San Rafael the business of pawnbroker or secondhand dealer, without first applying for and receiving a proper license from the city of San Rafael.

(Ord. 329).

Every person dealing in secondhand goods, wares, merchandise or articles of any description, other than furniture and household goods, either as pawnbroker or secondhand dealer, shall keep or cause to be kept at the place of business a well bound book containing a record of each article pawned, purchased, exchanged, or otherwise taken into possession. The record shall be legibly entered at the time of the transaction and shall show the hour and day when each article was so received, its exact and complete description, the amount loaned thereon or paid therefor, together with the signature and description of the person or persons so pawning, selling, exchanging, or otherwise delivering the property. The record of each transaction must be numbered and a tag corresponding to said number must be firmly attached to all articles pawned, purchased, exchanged or otherwise taken into possession.

(Ord. 329).

Every pawnbroker and secondhand dealer shall retain in his possession for a period of ten (10) days, all articles pawned, purchased, exchanged or otherwise taken into his possession. The ten-day holding period with respect to such property shall commence with the date the report of its acquisition was made to the chief of police as required by Section 10.20.050. The chief of police may for good cause, authorize prior disposition of any such property described in the report required by Section 10.20.050, or a pawnbroker or secondhand dealer, in lieu of holding the property for the prescribed ten-day period, may sell or dispose of the property; provided, he obtains the name, address, and description of the buyer and retains this information for a period of three (3) years as a matter of record which shall be made available for inspection by any law enforcement officer.

(Ord. 886 § 1; September 18, 1967: prior Ord. 329).

All articles so received and the records pertaining thereto, shall, upon demand, be exhibited to any sheriff, police officer, constable or other peace officer, and shall not, in any manner, be concealed.

(Ord. 329).

Every person dealing in secondhand goods, wares, merchandise, or articles of any description, other than furniture and household goods, either as pawnbrokers or secondhand dealer, shall, on each day before the hour of ten a.m. (10:00 a.m.) make out or cause to be made out and delivered to the chief of police, on a blank form to be obtained from the chief of police for that purpose, a full, true and complete report of all goods, wares, merchandise or articles of any description, other than furniture and household goods, pawned, purchased, exchanged or otherwise taken into possession during the day preceding the filing of the report. The report for Monday shall embrace all articles so received from and after report made on Saturday preceding. The report shall show the number of the transaction, the hour and day when each article was so received, its exact and complete description, and the amount loaned thereon or paid therefor. The report shall also show the true name and address, as nearly as the same is known to or can be ascertained by the person, of the person or persons pawning, selling, exchanging or otherwise delivering the property, together with a description of the person or persons. Blank forms provided by the chief of police shall be printed and subdivided so as to contain spaces with proper captions for the furnishing of the information required by this chapter.

(Ord. 329).

It is unlawful for any person conducting the business of pawnbroker or secondhand dealer, or any agent or employee thereof, to receive in pawn, purchase, exchange, or otherwise take into possession any property from any person who shall appear to be, or who is known to be, intoxicated, or from any minor under the age of twenty-one years; provided, however, that this prohibition shall not apply where the minor dealing with the person presents the written consent of his parent or guardian duly signed, authorizing the particular transaction had with the person; and provided, further, that the written consent shall be retained by the person and shall be exhibited upon demand to any peace officer requiring the same.

(Ord. 329).

It is unlawful for any person doing business as pawnbroker or secondhand dealer to engage in or permit or allow any other person to engage in or permit the checking of baggage in the immediate premises occupied as the place of business of the pawnbroker or secondhand dealer. The "immediate premises," as used in this chapter, means all rooms, hallways, closets, stairways, or basements having the same street number and/or common entrance and exit with the licensed premises.

(Ord. 329).

It is unlawful for any pawnbroker to open, keep or allow to be kept open, any store, shop or place for the transaction of any business of pawnbroker or to maintain, conduct, or transact the business of pawnbroker on any Sunday, or at any time except between the hours of seven a.m. and seven p.m. of the same day; provided, however, that the store, shop or place may be kept open and business conducted thereat for the additional hours of from seven p.m. to eleven p.m. of the same day during the month of December each year and also on the nights preceding all legal holidays.

(Ord. 886 § 2, 1967: Ord. 329).

When property alleged to have been stolen or embezzled comes into the custody of the San Rafael police department, the clerk or person having charge of the property section for the police department may, upon satisfactory proof of the ownership of the property held, and upon presentation of proper personal identification, deliver it to the owner. Such delivery shall be without prejudice to the city or to the person from whom custody of the property was taken or to any other person who may have a claim against the property. Prior to such delivery, such clerk or person in charge of the property section shall make and retain a complete photographic record of such property. The person to whom property is delivered shall sign under penalty of perjury a declaration of ownership, which shall be retained by the clerk or person in charge of the property section.

This section shall not apply to any property subject to forfeiture under any provision of law. This section shall not apply unless the clerk or person in charge of the property section has served upon the person from whom custody of the property was taken a notice of a claim of ownership and a copy of the satisfactory proof of ownership tendered and has allowed such person reasonable opportunity to be heard as to why such property should not be delivered to the person claiming ownership.

(Ord. 1237 § 2, 1976).

Failure to return property to the rightful owner as required by Section 10.20.090 will be sufficient grounds upon which to cancel the license to do business of the person; provided, however, that before any license shall be canceled for the failure to return property claimed by a third person, written charges shall be preferred against the holder of the license, and the matter shall be heard and determined by the city council, at which hearing all parties interested therein may appear and present testimony in support of their respective contentions.

(Ord. 329).

The term "furniture and household goods," as used in this chapter means beds, bedding, tables, desks, chairs, stoves, floor coverings, crockery, glassware, kitchen and cooking utensils.

(Ord. 329).