Simi Valley Municipal Code Ch. 13 Junk Collectors and Dealers, Secondhand Dealers, and Pawnbrokers

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) "Junk collector" shall mean any person not having a fixed place of business in the City who goes from house to house or place to place collecting, buying, selling, or otherwise dealing in junk, such as old rags, bottles, cans, papers, metal, machinery which has been discarded or scrapped, or other similar things.

(b) "Junk dealer" shall mean any person having a fixed place of business in the City who engages in the business of buying, selling, or dealing in, either at wholesale or retail, junk, such as old rags, sacks, bottles, cans, paper, metal, machinery which has been discarded or scrapped, or other similar things.

(c) "Pawnbroker" shall mean any person who conducts or manages the business of loaning money upon personal property, pawns, or pledges or who conducts or manages the business of purchasing articles of personal property or reselling, or agreeing to resell, such articles to the vendor, or his assignee, at prices agreed upon at or before the time of purchase.

(d) "Secondhand dealer" shall mean any person who, in the course of business, buys, sells, or deals in secondhand goods, wares, or merchandise other than motor vehicles or junk. A person who accepts secondhand goods, wares, or merchandise in part payment coincidentally with the sale by him of new goods, wares, or merchandise in the regular course of his business shall not, with respect to such goods, wares, and merchandise so acquired, be deemed to be a secondhand dealer.

(§§ 2321-1, 2322-1, 2323-1, and 2324-1, S.V.M.C.)

No person, either as principal or agent, shall engage in the business of junk collector, junk dealer, secondhand dealer, or pawnbroker, without first obtaining a license therefor.

(§§ 2321 through 2324, S.V.M.C.)

Any person desiring to obtain the license required by the provisions of this chapter shall make a written application to the Chief of Police therefor, stating, in addition to the general information required by the provisions of Section 3-1.124 of Article 1 of Chapter 1 of Title 3 of this Code, the following information:

(a) The residence address of the applicant and the address of the place, if any, where such business is to be carried on;

(b) The name under which the business is to be transacted; and

(c) The names and addresses of all the owners and persons having an interest in the business.

(§ 2325, S.V.M.C.)

If the Chief of Police finds that the application provided for in Section 5-13.03 of this chapter complies with all of the requirements of this chapter, he shall approve the application.

(§ 2326, S.V.M.C.)

When any license required by the provisions of this chapter is revoked after issuance, no new license shall be granted to such person to carry on or conduct such business within three (3) months after such revocation.

(§ 2327, S.V.M.C.)

The fee for obtaining the license required by the provisions of this chapter shall be set by resolution of the Council.

(§ 2328, S.V.M.C., as amended by § 1, Ord. 570, eff. May 16, 1984)

Every junk collector, junk dealer, secondhand dealer, and pawnbroker, on each day before the hour of 2:00 p.m., shall make and deliver to the Chief of Police, on a blank form to be obtained from the office of the Chief of Police for such purpose, a full, true, and complete report of all goods, wares, and merchandise purchased or received during the day preceding the filing of such report.

(§ 2329, S.V.M.C.)

The Chief of Police shall file in his office all reports received pursuant to the provisions of Section 5-13.07 of this chapter, and such reports shall be open to inspection by any peace officer or law enforcement officer of the City and to other persons upon an order of a court of competent jurisdiction. All such reports shall be retained by the Chief of Police for a period of three (3) years after the date upon which such reports are filed.

(§ 2329-1, S.V.M.C.)

The reports required by the provisions of Section 5-13.07 of this chapter shall contain such other information as the Chief of Police may require.

(§ 2329-2, S.V.M.C.)

The blank forms for the reports required by the provisions of Section 5-13.07 of this chapter to be obtained from the office of the Chief of Police shall be so printed and subdivided as to contain spaces with proper captions for the furnishing of the information required.

(§ 2329-3, S.V.M.C.)

Every junk collector shall deliver his report to the Chief of Police before any articles purchased or received are removed from the City, and such articles shall at such time be made available for inspection by the Chief of Police or any police officer of the City.

(§ 2329-4, S.V.M.C.)

Every junk collector, junk dealer, secondhand dealer, and pawnbroker shall keep a complete record of all goods, wares, merchandise, or other things purchased or received by him, which record shall contain all the information required by him to be shown in the reports required by the provisions of Section 5-13.07 of this chapter.

(§ 2330, S.V.M.C.)

The records required by the provisions of Section 5-13.12 of this chapter and all goods, wares, and merchandise purchased or received by any junk collector, junk dealer, secondhand dealer, and pawnbroker shall be open for inspection at all times during business hours to the Chief of Police or any police officer of the City.

(§ 2331, S.V.M.C.)

It shall be unlawful for any person engaged in the business of junk collector, junk dealer, secondhand dealer, or pawnbroker, or for any agent or employee of any such person, to accept, purchase, or receive any goods, wares, merchandise, or article or thing or in any manner whatsoever engage in or conduct any such business between the hours of 10:00 p.m. and 6:00 a.m.

(§ 2332, S.V.M.C.)

Every junk dealer shall retain on his premises in a separate place designated for such purpose all metals purchased by him. The entire purchase of each day shall be kept in such designated separate place, and each day's purchase shall be kept in its original condition for a period of seventy-two (72) hours after such purchase or receipt.

(§ 2333, S.V.M.C.)

(§ 2334, S.V.M.C.; repealed by § 1, Ord. 682, eff. April 13, 1988)

The provisions of Section 5.13.16 of this chapter shall not apply to the disposition or sale of any article by a person who receives or purchases such article from a person licensed pursuant to the provisions of this chapter, and who has made the required report to the Chief of Police, and who shall have held the article for the length of time set forth in Section 5.13.16 of this chapter.

(§ 23341, S.V.M.C.)

Every junk dealer and secondhand dealer shall maintain on the premises where such business is located a sign, plainly printed in the English language and of sufficient size so that the sign may be easily read from the street in front of the place of business, stating that he is a junk dealer or secondhand dealer. Where the business is conducted in an office building, such sign shall be placed at the door to the office. Where the business is conducted in a department of any building, such sign shall be placed at the entrance to the department.

(§ 2335, S.V.M.C.)

If any person shall engage in or manage at the same time more than one of the businesses referred to in this chapter, such person shall be deemed to be engaged in each such business separate and apart from the other such business, and such person shall comply in all respects with the provisions of this chapter relating to each such business.

(§ 2336, S.V.M.C.)

If any person shall engage in the business of junk dealer and secondhand dealer, or either of such businesses, at more than one location within the City, such person shall be deemed to be engaged in a separate and distinct business at each location, and such person shall comply in all respects with the provisions of this chapter relating to the business carried on at each separate location.

(§ 2336-1, S.V.M.C.)

The requirements of this chapter shall not apply to bookstores which deal solely in books. Nothing in this section shall be deemed to affect the reports required by the State for identifiable secondhand tangible personal property as defined in Sections 21625 through 21639 of the Business and Professions Code of the State.

(§ 2, Ord. 385, eff. March 7, 1979)