Article 4-35

SECONDHAND DEALER

Sections:

This Article is adopted pursuant to the authority granted to the City under Article 4 (commencing with Section 21625) of Chapter 9 of Division 8 of the Business and Professions Code of the State. All references made to "licenses" and "licensing" in the aforementioned statutes shall be in deemed to refer to "permits" and "permitting" under this Article.

All of the definitions as set forth in Article 4 of Chapter 9 of Division 8 of the Business and Professions Code are incorporated herein by reference.

(a) No person shall engage in the business of secondhand dealer without first obtaining a permit to do so pursuant to this Article.

(b) Any person desiring to engage in the business of secondhand dealer for which a permit is required under the provisions of this Article shall also apply for and obtain a business license pursuant to Article 4-05 of this Chapter and pay the license fee specified in Section 4-05.100. No such business license shall be issued unless and until the applicant has first obtained a valid permit under this Article.

(a) Application for a permit hereunder shall be made to the Community Development Director on such forms as prescribed by the State Department of Justice.

(b) The application shall be accompanied by a processing fee in such amount as established from time to time by resolution of the City Council, together with the amount of processing fee charged by the Department of Justice.

(c) Upon receipt of the application and other documents and the fees as required in subsections (a) and (b) of this Section, the Community Development Director shall conduct such investigation as he deems appropriate to determine whether a permit should be issued. In connection therewith, the Community Development Director shall forward a copy of the application to the following persons and agencies for review and approval:

(1) The State Department of Justice, in accordance with Section 21641 of the Business and Professions Code.

(2) The County Sheriff, for determination as to background of the applicant and whether the applicant has ever been convicted of a felony or misdemeanor offense involving theft, dishonesty, violence, moral turpitude or any offense involving stolen property.

(3) The Community Development Director, for determination as to whether the conduct of the business at the proposed location will be in compliance with zoning requirements and other rules, regulations and ordinances of the City.

The foregoing persons and agencies shall indicate on the application that the proposed permit is either approved or disapproved or approved subject to specified conditions, and shall return the application to the Community Development Director.

(Ord. No. 322, § 1(Exh. 1.B.8), 11-19-2014)

Editor’s note— Ord. No. 322, § 1(Exh. 1.B.8), adopted Nov. 19, 2014, amended the catchline of § 4-35.040 to read as herein set out. Said section formerly pertained to application for permit; fee; investigation by Community Services Director.

The Community Development Director shall deny issuance of a permit based upon any of the following grounds:

(a) Disapproval of the application by the Department of Justice.

(Saratoga Supp. No. 36, 5-15)

69

4-35.050

(b) Disapproval of the application by the County Sheriff.

(c) A determination that the conduct of the business at the proposed location would not be in compliance with all zoning requirements and other rules, regulations and ordinances of the City.

(Ord. No. 322, § 1(Exh. 1.B.8), 11-19-2014)

If a permit is issued by the Community Development Director, it shall be in the form as prescribed by the Department of Justice, to be effective for not more than one year from the date of issue. The permit shall be subject to all of the conditions as set forth in Section 21642 of the Business and Professions Code and such other conditions as may be imposed by the Community Development Director, the Department of Justice, or the County Sheriff.

(Ord. No. 322, § 1(Exh. 1.B.8), 11-19-2014)

Every secondhand dealer holding a permit issued pursuant to this Article shall produce, upon request by any of the persons described in Section 4-35.090, all tangible personal property, as defined in Section 21627 of the Business and Professions Code, which such secondhand dealer may have in his possession or under his custody or control.

All tangible personal property, as defined in Section 21627 of the Business and Professions Code, acquired by a secondhand dealer and subject to the reporting requirements contained in Section 21628 of the Business and Professions Code, shall be segregated and shall not be altered from its original state and appearance until after the thirty day period as specified in Section 21636 of the Business and Professions Code or until earlier release authorized by the County Sheriff in accordance with Section 21636 of the Business and Professions Code.

A permit issued under this Article may be renewed for a period not exceeding one year upon application to the Community Development Director, on such forms prescribed by the Department of Justice, accompanied by payment of a renewal fee in such amount as established from time to time by resolution of the City Council. The Community Development Director shall renew the permit if he finds that all of the requirements of this Article have been satisfied by the permittee and no conditions of the permit have been violated. (Ord. No. 322, § 1(Exh. 1.B.8), 11-19-2014)

No permit issued under this Article shall be transferable and any attempted transfer shall invalidate the permit.

Every secondhand dealer holding a permit issued pursuant to this Article shall produce upon request his business records for inspection by the following persons:

(a) The County Sheriff, or his designated representative.

(b) Any person holding a search warrant or court order authorizing him to search for tangible personal property, as defined in Section 21627 of the Business and Professions Code.

(a) Any permit issued under this Article may be suspended or revoked by the Community Development Director for any reason that would justify a refusal to issue the permit originally, or by reason of any failure by the permittee to comply with all of the provisions of this Article, or any other provisions of this Code, or any condition of such permit.

(b) The holder of the permit shall be given prompt notice of the intention to suspend or revoke his permit. Such notice shall fix a time and place, not less than five nor more than thirty days after service thereof, at which the holder of the permit may appear before the Community Development Director and be granted a hearing upon the merits of the suspension or revocation. If after such hearing the permit is ordered suspended or revoked, the holder shall have the right to appeal such action to the City Council.

(Ord. No. 322, § 1(Exh. 1.B.8), 11-19-2014)

Any decision rendered pursuant to this Article with respect to the issuance, denial, suspension or revocation of a permit, or the conditions thereof, may be appealed to the City Council by the applicant or permittee or other interested person in accordance with the procedure set forth in Section 2-05.030 of this Code.

(Saratoga Supp. No. 36, 5-15)

70

4-35.150

The holder of any permit issued pursuant to this Article shall be subject to and shall comply with the regulations and conditions as set forth in Article 4 (commencing with Section 21625) of Chapter 9 of Division 8 of the Business and Professions Code. Any failure to comply with such regulations and conditions shall constitute a violation of this Article.

The violation of any provision contained in this Article, or the violation of any condition of a permit issued hereunder, is hereby declared to be unlawful and shall constitute a misdemeanor, subject to the penalties as prescribed in Sections 21645 and 21646 of the Business and Professions Code. The enforcement of this Article pursuant to the Business and Professions Code shall be in addition to any proceedings conducted under Section 4-35.120 for revocation or suspension of the permit or any proceedings conducted under Article 4-05 of this Chapter to revoke a business license by reason of the same violation.

71

(Saratoga Supp. No. 57, 1-26)

4-40.010