Santa Fe Springs Municipal Code Ch. 110 Regulation of Certain Businesses

Footnotes:

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Cross reference— Zoning provisions, see Ch. 155

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Auction. This term shall be defined as in Cal. Bus. and Prof. Code § 5701.

Auctioneer. This term shall be defined as in Cal. Bus. and Prof. Code § 5701.

Junk. Rags, sacks, bottles, cans, paper, metal or other articles commonly classified as junk. This term does not include auto salvage operation and auto salvage yards.

Junk Collector. A person not having a fixed place of business in the city who goes from house to house or from place to place gathering, collecting, buying, selling or otherwise dealing in junk.

Junk Dealer. A person having a fixed place of business in the city and conducting or managing the business of buying or selling at wholesale or retail or otherwise dealing in junk.

Pawnbroker. A person conducting or managing 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 of their assignees at prices agreed upon at or before the time of such purchase.

Pawnshop. Any room, store or place in which the business of a pawnbroker is conducted or managed.

Secondhand Dealer. This term shall be defined as in Cal. Bus. and Prof. Code §§ 21626 and 21626.5.

Tangible Personal Property. This term shall be defined as in Cal. Bus. and Prof. Code § 21627.

No person shall conduct or manage any pawnshop, secondhand or junk dealer business, or auction as defined in this chapter, without first applying for and receiving a written permit from the City Manager.

Cross reference— Penalty, see § 10.97

Any person desiring a license required by § 110.02 shall file an application for a secondhand dealer's license as provided by Cal. Bus. and Prof. Code § 21641, with the Department of Police Services specifying by street and number the place where such business is proposed to be conducted or managed, along with any other information deemed by the city to be necessary to conducting applicant investigations; junk collectors shall specify in such applications their residence by street number.

Upon receipt of the application for the license pursuant to § 110.02, the Chief of Police shall make an investigation of the business of the applicant and of the location at which the applicant proposes to engage in business. The license shall be renewable one year from the date of issue and annually thereafter upon the filing of a renewal application and the payment of a license renewal fee, as established by City Council Resolution.

The permits shall not be granted to a person who fails, refuses or neglects to comply with the laws relating to and regulating the business for which such permit is sought, or who is not of good moral character.

In addition to other appropriate action and for good cause, including the violation by the permittee of any provisions of this chapter or of any ordinance or law relating to such business or the conduct of such business in a manner detrimental to the public, the City Manager may revoke or suspend a permit.

Any person whose license is revoked or suspended, within ten days after such revocation or suspension, may appeal to the Council for a hearing thereof; or the Council of its own motion may require such hearing. The Council may approve, modify or disallow the revocation or suspension. The decision of the Council shall be final except where an action is brought against the dealer by the District Attorney or the Attorney General under Cal. Bus. and Prof. Code § 21646.

No license shall be granted to any person to conduct or manage any pawnshop, secondhand or junk business as defined in this chapter, if a previously issued permit under this chapter has been revoked, until six months after such revocation.

Licensees operating under the provisions of this chapter shall be required to secure an annual renewal of the license on the anniversary date of its issuance.

No licensee shall buy, sell or otherwise deal in tangible personal property or other similar secondhand merchandise without first applying for and receiving a secondhand dealer's license as provided by Cal. Bus. and Prof. Code § 21641. Each licensee shall comply with all of the sections of this chapter and Cal. Bus. and Prof. Code Article IV (§§ 21625 through 21652) regulating the conduct and reporting of sales for all secondhand dealers.

Cross reference— Penalty, see § 10.97

No person engaged in any business as defined in § 110.01 of this title, except the business of performing auctioneering services for a fee or salary, shall buy, sell or otherwise deal in secondhand merchandise without first applying for and receiving a secondhand dealer's license as provided by Cal. Bus. and Prof. Code § 21641. Each licensee shall comply with all of the sections in this chapter and Cal. Bus. and Prof. Code Article IV (§§ 21625 through 21652) regulating the conduct and reporting of sales for all secondhand dealers.

Cross reference— Penalty, see § 10.97

It shall be unlawful to offer for sale at auction any jewelry, precious stones, watches or similar merchandise without first contacting the Department of Police Services and allowing it to inspect these items at least 30 days prior to auction.

Cross reference— Penalty, see § 10.97

If any person shall conduct or manage at the same time more than one of the businesses defined in this chapter such person shall be deemed to be conducting or managing each such business separately and apart from the other; and such person shall comply in all respects with the provisions of this chapter relating to each such business.

All reports of secondhand tangible property shall be on forms prescribed and provided at actual cost by the California Department of Justice. Such reports shall be made out and delivered to the Department of Police Services as provided by Cal. Bus. and Prof. Code § 21628.

Cross reference— Penalty, see § 10.97

Every junk dealer or person engaged in the business of purchasing scrap metals for the purpose of reselling, smelting or refining such metal must comply with the provisions of § 110.14; except that where purchases are made from a junk collector in lieu of the description of the merchandise received the true name and city license number of such junk collector shall be sufficient.

Cross reference— Penalty, see § 10.97

The provisions of § 110.14 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 hold the articles for the length of time as provided in this chapter.

Persons defined in this chapter 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 on the reports referred to and described in § 110.14. Such records of all articles pledged, purchased or received by such persons shall be open at all times during business hours to the inspection of any member of the Department of Police Services.

Cross reference— Penalty, see § 10.97

The Chief of Police shall file in a secure place in his office all reports and records received pursuant to the terms of this chapter, and the same 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. Every report and record required by the terms of this chapter to be filed or kept shall be written or printed in a clear and legible manner entirely in the English language.

Information shown upon the records kept under this chapter may be furnished, by the Department of Police Services, to persons asserting legal title to the property forming the subject matter thereof.

Persons defined in this chapter shall maintain on the premises where the business is located a sign plainly printed in the English language of sufficient size so that the same may be easy to read from the sidewalk in front of the 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 the department.

Cross reference— Penalty, see § 10.97

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.

Cross reference— Penalty, see § 10.97

Every pawnbroker and secondhand dealer shall retain in his possession for a period of 30 days all tangible personal property reported under the provisions of § 110.14 and shall comply with Cal. Bus. and Prof. Code § 21636.

Cross reference— Penalty, see § 10.97

Junk dealers or other persons engaged in the business of purchasing scrap metals for the purpose of reselling, smelting or refining the same, 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 Department of Police Services. License application and renewal fees shall be established by City Council resolution.

Cross reference— Penalty, see § 10.97

No person conducting or managing any business defined in this chapter shall accept any pledge of, or loan money upon personal property, or purchase or receive any goods, wares, merchandise, or any article or thing during the following times:

(A) Weekdays. Between 6:00 p.m. and 8:00 a.m. on any day from Monday through Friday;

(B) Weekends. Between 7:00 p.m. Saturday and 8:00 a.m. of the following Monday;

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

Cross reference— Penalty, see § 10.97

No person conducting or managing any business defined in this chapter shall sell any goods, wares, merchandise, or other personal property or engage in or conduct any such business in any manner except between the hours of 8:00 a.m. and 9:00 p.m. on Mondays through Saturdays and between the hours of 9:00 a.m. and 3:00 p.m. on Sundays.

Cross reference— Penalty, see § 10.97

It shall be unlawful to conduct an auction on any street, sidewalk or public property of the city, or to conduct an auction in such a manner that noise from the auction can be heard from any point on the sidewalk across the street from the place where the auction is being held.

Cross reference— Penalty, see § 10.97

(A) No auction shall be conducted within a residential zone of the city, except that City Council may grant permission for auctions lasting no longer than one day to be held in residential zones, upon a showing by the applicant, and determination by Council, that:

(1) The proposed auction will not disturb the quiet enjoyment of other property in the vicinity;

(2) The proposed auction will not be detrimental or injurious to other property or improvements in the vicinity, including vehicular access and circulation; and

(3) This granting of permission will not be detrimental to the public interest, safety, health or welfare.

(B) Permission granted under this section may be conditioned to assure the purpose and protection contemplated hereunder.

Cross reference— Penalty, see § 10.97

The provisions of §§ 110.14, 110.15, and 110.22 to 110.25 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 except 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, check writing machines, comptometers or other similar equipment, or the purchase or sale of sacks, bags, or rags, other than cement sacks or bags.

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 business defined in this chapter.

None of the provisions of this chapter shall apply to auto wreckers, dealers in used motor vehicles, or to secondhand book dealers.

No person shall operate, maintain, continue or engage in any of the following enumerated businesses until a permit has been first obtained therefor upon an application in writing for such permit pursuant to this subchapter:

(A) Amusement devices attractive to children.

(B) Automobile, truck or motor vehicle dismantling or disassembling, or selling of dismantled parts of motor vehicles.

(C) Automobile, truck or motor vehicle wrecking businesses.

(D) Billiard or pool halls.

(E) Carnivals or circuses.

(F) Commercial dumps.

(G) Food vendors.

(H) Itinerant vendors or peddlers, including sidewalk vendors.

(I) Junk dealers.

(J) Junk yards.

(K) Pawnbrokers.

(L) Private or merchant patrols.

(M) Rest or convalescent homes.

(N) Sanitariums.

(O) Solicitors.

(P) Taxicab operators or taxicab drivers.

(Q) Event entertainment (commercial).

(Ord. 74, passed 7-14-58; '64 Code, § 6-20; Am. Ord. 750, passed 6-22-89; Am. Ord. 872, passed 9-24-96; Am. Ord. 1098, passed 8-13-20)

Cross reference— Business occupation tax, see §§ 35.073 and 35.095; Garbage and refuse generally, see Ch. 50; Taxicabs, see Ch. 124; Zoning provisions, see Ch. 155; Penalty, see § 10.97

(A) The application for any permit required by this subchapter shall be filed with the Department of Police Services for the city, shall be signed and verified by the applicant, and shall be accompanied by an application fee of an amount as set by City Council resolution.

(B) The application shall set forth the following information:

(1) The name and address of the applicant.

(2) The name and address of the person by whom employed, if any.

(3) The place where such business is to be conducted.

(4) A description of the nature and amount of equipment to be used in the business.

(5) Any other information deemed necessary to evaluate properly the application in accordance with standards set forth herein.

(Ord. 74, passed 7-14-58; '64 Code, § 6-21; Am. Ord. 750, passed 6-22-89; Am. Ord. 810, passed 7-9-92; Am. Ord. 856, passed 7-13-95; Am. Ord. 872, passed 9-24-96; Am. Ord. 875, passed 6-12-97)

The City Manager, or designee, shall issue the permits for a period of one year.

(Ord. 74, passed 7-14-58; '64 Code, § 6-22; Am. Ord. 287, passed 1-27-66; Am. Ord. 872, passed 9-24-96)

Cross reference— City administration generally, see Title III

(A) Any permit, if issued pursuant to this subchapter by the City Manager, or designee, shall be posted in a conspicuous place on the premises or place where the business is conducted for which such permit is issued, and shall remain so posted during the period the permit shall be in force.

(B) Violation of this section shall be deemed an infraction.

(Ord. 74, passed 7-14-58; '64 Code, § 6-23; Am. Ord. 872, passed 9-24-96)

Cross reference— Penalty, see § 10.97

No permit issued under this subchapter shall be transferable except by the express consent of the City Manager, or designee.

(Ord. 74, passed 7-14-58; '64 Code, § 6-24; Am. Ord. 872, passed 9-24-96)

Cross reference— Penalty, see § 10.97

When the City Manager, or designee, has issued any permit under the terms of this subchapter, the same may be revoked or suspended at any time thereafter by the City Manager, or designee, if the City Manager, or designee, has determined that the conduct of the business does or will in any manner endanger the public peace, health, safety, morals, or the welfare of the city or its inhabitants. The City Manager, or designee, may revoke or suspend permits issued for any business when the owner or person in charge thereof violates or permits any infraction of any law of the state, this code, or any other ordinance of the city. No permit shall be revoked or suspended until the permittee shall have first been adjudged guilty of a misdemeanor for violating this code or any other city ordinance, or unless a notice and public hearing thereof is first given the permittee.

(Ord. 74, passed 7-14-58; '64 Code, § 6-25; Am. Ord. 872, passed 9-24-96)

An appeal may be made to the City Council for any decision or determination of the City Manager, or designee, pursuant to this subchapter. The appeal shall be in writing and shall be filed with the City Clerk within ten days from the mailing to the applicant or licensee of the decision or determination of the City Manager, or designee, from which the appeal is taken. Any such appeal shall specify the decision from which the appeal is taken and the grounds of the appeal. If the City Manager, or designee, has therefor conducted a hearing with respect to the decision, the City Council may determine the appeal on the basis of the transcript of said hearing, or may hold a public hearing de novo before the City Council itself, in its sound discretion. If there has been no prior hearing before the City Manager, or designee, with respect to the decision appealed from, the City Council shall hold a public hearing on the appeal. At any such hearing, the applicant shall be entitled to be present, to be represented by an attorney, and to present witnesses and testimony in support of the appeal. The decision of the City Council with respect to any appeal shall be final.

(Ord. 872, passed 9-24-96)

Pursuant to the following referenced code sections requiring conditional use permits for certain business use types, the application and annual permit fees shall be set by City Council resolution:

Adult Businesses (See §§ 155.612 and 155.723)

Amusement Arcades (See § 155.614)

Bingo Parlors and Game Rooms (See Ch. 111)

Entertainment (See § 155.723)

Fortunetelling (See § 155.633)

Massage Parlors (See § 155.724)

Sale, Lease, Transfer of Firearms (See §§ 155.153 and 155.243)

Tattoo Parlors (See § 155.649)

Wrecking Yards (See § 155.621)

The amount of any fee and penalty imposed by the provisions of Title XI shall be deemed a debt to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the amount of any delinquent fee and penalties. In any such action, the prevailing party shall be entitled to an award of attorneys' fees in an amount to be fixed by the court.

For failure to pay a fee when due, a penalty of ten percent of such fee shall be added on the last day of each month after the due date thereof; provided, the amount of the penalty to be added shall in no event exceed 50 percent of the amount of the fee due.

The permits required by this subchapter shall be in addition to any other permits which may be required by this code or any other ordinance of the city.

(Ord. 74, passed 7-14-58; '64 Code, § 6-26)