Suisun City Municipal Code Ch. 5.16 Pawnbrokers, Secondhand Dealers and Junk Dealers

For the purpose of this chapter the following words, phrases and clauses shall have the meanings ascribed and designated to and for them in this chapter:

A. "Auto wrecker" means every person who buys or receives any motor vehicle, as the term "motor vehicle" is defined in the California Vehicle Code, for the purpose of dismantling or disassembling, or who dismantles or disassembles, any such motor vehicle for the purpose of reconditioning any other vehicle, or for the purpose of selling or otherwise dealing in the materials or parts of such vehicle.

B. "Buy-form" shall be the name of and designates the forms furnished by the chief of police to a licensee for the purpose of recording and furnishing by the licensee to the chief of police of the information relative to purchases, pledges or consignments required by this chapter.

C. "Identifiable" means secondhand tangible personal property which bears a serial number or personalized initials or descriptions, and shall include secondhand tangible personal property which, at the time it is acquired by the secondhand dealer, bears evidence of having had a serial number or personalized initials or description.

D. "Junk dealer" means a person (not an auto wrecker) having a fixed place of business in the city and engaging in conducting, managing or carrying on the business of buying, selling or otherwise dealing in, either at wholesale or retail, any old rags, sacks, bottles, cans, papers, metal (including gold or mercury) or other articles known as junk.

E. "Junk collector" means 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 any old rags, sacks, bottles, cans, papers, metal (including gold or mercury), or other articles commonly known as junk.

F. "Pawnbroker" means a person engaged in conducting, managing or carrying on the business of pawnbroking, or the business of lending money for himself or any other person upon personal property, pawns or pledges, or the business of purchasing articles of personal property and reselling, or agreeing to resell such articles to the vendors or their assignees at prices agreed upon at or before the time of such purchase.

G. "Pawnshop" means any room, store, building or other place in which any business of a pawnbroker is engaged in, carried on or conducted.

H. "Secondhand dealer" means a person (other than a used car dealer or dealer in secondhand books or magazines) engaged in conducting, managing or carrying on a business of buying, selling or otherwise dealing in secondhand goods, wares or merchandise.

(Ord. 396 § 1, 1976)

A. No person shall engage in, carry on or conduct the business of a pawnbroker, secondhand dealer, junk dealer, junk collector or auto wrecker in the city without first having obtained a permit and license from the city, and complying with any and all requirements and regulations contained and set forth in this chapter.

B. The permit shall be displayed on the premises during business hours.

(Ord. 396 § 2, 1976)

A. Each person, before obtaining a permit to carry on the business of pawnbroker, secondhand dealer, junk dealer, junk collector and auto wrecker, shall make a written application to, and upon blanks furnished by, the chief of police, which application shall be signed by the applicant. In addition to any other information which may reasonably be required by the chief of police, the application shall show the true name of the applicant, his fictitious name or names, if any, his age, his present address in the city or elsewhere, the name under which the applicant conducted any similar business, if any, and the place of his residence at such time, within twelve months preceding the date of such application. The applicant shall furnish with his application a recent photograph of himself and his fingerprints to the chief of police.

B. The chief of police shall not issue such permit to such applicant unless it reasonably appears to him, after investigation, that the applicant possesses good moral character and is a proper person to conduct such business. The chief of police shall issue such permit to the applicant or deny such application within 60 days from the date thereof.

(Ord. 396 § 3, 1976)

Any license issued to carry on any of the business in this chapter defined or referred to, may be revoked by the city council upon evidence satisfactory to the council of any fraud, false advertising, unfair business practice, wilful breach of contract, or other misdealing by the licensee in the conduct of such business.

(Ord. 396 § 4, 1976)

The chief of police shall cause to be prepared from time to time such numbers of the buy-form referred to in this chapter as may be necessary in order to enable the respective licensees under the provisions of this chapter to execute and file the same, and shall furnish such forms free to such licensees for the purpose of their complying with the provisions of this chapter.

(Ord. 396 § 5(part), 1976)

A copy of this chapter, together with any amendments thereof, shall be furnished each new licensee upon the first delivery to such licensee of the buy-form referred to, and such licensee shall be furnished with a copy of any subsequent amendments to this chapter that affect the type of business of such licensee. A reasonable number of additional copies of this chapter and amendment thereof may be procured from the office of the chief of police by any licensee upon request.

(Ord. 396 § 5(A), 1976)

Every such licensee shall obtain from the chief of police and to fill out and complete in quadruplicate an appropriate buy-form covering each day's transactions of such licensee. Within three hours after the close of business of any business day, each such licensee shall mail or deliver to the chief of police the original buy-form, together with two duplicate copies thereof, covering the business transacted on such day.

(Ord. 396 § 5(B), 1979)

The buy-forms referred to in this chapter shall contain a full, true and complete report of all identifiable goods, wares and merchandise or things received on deposit, consigned, pledged or purchased during the day covered by such forms, and shall also contain such other information as may be required by the chief of police and which, in the opinion of the chief of police, considering the type of business of the licensee, may assist in the detection of stolen property. Every such licensee shall enter upon the buy-form positive identification furnished by the seller, pledge-maker or consignor, such as driver's license number, work badge number, auto or truck license number, and junk collector's business license number, in addition to the true name and address of the seller, pledge-maker or consignor. In lieu of the positive identification mentioned in this section, such licensee may require the seller, pledge-maker or consignor to furnish a plain impression print of his right index finger, or next finger in the event of amputation, upon the face side of the original sheet of the buy-form.

(Ord. 396 § 5(C), 1976)

Every such buy-form report or record made or through the licensee as required by the provisions of this chapter shall be written or printed entirely in the English language in a clear and legible manner.

(Ord. 396 § 5(D), 1976)

The chief of police shall maintain a file consisting of the originals of all buy-forms received pursuant to the provisions of this chapter for a period of at least two years after receipt thereof, and such buy-forms shall be open to inspection by any peace officer.

(Ord. 396 § 5(E), 1976)

Every licensee shall preserve for a period of at least two years the fourth, or quadruplicate, copy of the buy-form, provided for that purpose, containing a carbon copy record thereon of the original writing made by the licensee, the original of which has been furnished to the chief of police. Every such record shall be produced by the licensee for inspection by any peace officer within such two-year period, and any property pledged, purchased or received by such licensee which is described or referred to in any such buy-form shall likewise be produced by such licensee for inspection by any peace officer upon request, if such request is made within the period during which the licensee is required under this chapter to hold such property.

(Ord. 396 5(F), 1976)

Every person who sells, pledges or consigns any identifiable property to any licensee in the course of business covered by the license of such licensee, shall furnish on the buy-form, report or record, true, positive identification to the licensee by which such person can be located by the chief of police. Such person shall also sign his or her true name and write or print his or her true address upon the buy-form in the space provided for the same at the time such business is transacted.

(Ord. 396 § 5(G), 1976)

Every person making out any buy-form, report or record required by the terms of this chapter, or any copy thereof, shall sign his true name and give the true name and correct address of the licensee.

(Ord. 396 § 5(H), 1976)

No person required by this chapter to sign any paper or form shall sign a fictitious name or any other than his true name, or give any address other than his true and correct address.

(Ord. 396 § 5(I), 1976)

No person shall write or subscribe the name of any other person as a signature to any buy-form, report or record required under the provisions of this chapter, as all such buy-forms, reports and records shall bear as signatures only the true names of the persons so subscribing the same.

(Ord. 396 § 5(J), 1976)

No person shall fail, refuse or neglect to submit the buy-form to the chief of police within the time required by, and in full compliance with, the provisions of this chapter, if such forms have not been so submitted by some other person, and if such person is:

A. A person required by this chapter to obtain a license; or

B. A person in charge of the business of such person required by this chapter to obtain a license; or

C. An agent or employee of such person required by this chapter to obtain a license; and the duties of such agent or employee include the submission of such buy-forms.

(Ord. 396 § 5(K), 1976)

A. No person shall melt, destroy, sell or otherwise dispose of any identifiable article, goods, wares, merchandise or thing obtained or used in any business subject to the provisions of this chapter until at least 14 days after making the report to the chief of police, as required under the provisions of this chapter, showing that such identifiable article, goods, wares, merchandise or thing has been purchased or received by such person.

B. The chief of police may for good cause authorize prior disposition of any such property described in a specific report, or a secondhand dealer, in lieu of holding the property for the prescribed fourteen-day period, may sell or dispose of such property; provided, that he obtains the name, address and a description of the buyer and retains this information for a period of three years as a matter of record which shall be made available for inspection by any law enforcement officer.

(Ord. 396 § 6(part), 1976)

The chief of police may place a hold order upon any identifiable property acquired by the licensee in the course of any business subject to the provisions of this chapter to a period of not to exceed 90 days, and in such case, the licensee shall retain such property for the prescribed period and shall not dispose of the same in the meantime unless upon written release of the chief of police. The chief of police may also require the licensee to keep a true record of any such property and to ascertain and report therewith the true name and address of the person to whom such property was sold, transferred or otherwise disposed of.

(Ord. 396 § 6(A), 1976)

The chief of police in his discretion may in writing release any property covered by this chapter which he has inspected, either personally or through his authorized officers, if after such inspection he is satisfied that such property is in the lawful possession of the licensee.

(Ord. 396 § 6(B), 1976)

A. Except as provided in subsection A of this section, goods, wares and merchandise covered by duly executed and filed buy-forms and with respect to which any waiting periods provided for in this chapter are being observed, may be sold or conveyed by the licensee possessing the same, to any other licensee of the city engaged in the same or a similar business who is complying with the provisions of this chapter, without the necessity of executing and delivering new buy-forms therefor; provided, however, that both the seller and the buyer in such case shall notify the chief of police, in writing, of such transfer at or before the time the same is actually made, and provided that the transferee shall observe all unexpired withholding periods with reference to any such goods, wares or merchandise.

B. The exemptions provided in subsection A of this section do not apply to purchases made by junk dealers from junk collectors or to transfers of property between such dealers and collectors.

(Ord. 396 § 7, 1976)

Until any identifiable articles, goods, wares, merchandise or things pledged or consigned to or purchased by any licensee subject to the provisions of this chapter are held for the time required by this chapter or released by the chief of police, such licensee shall not clean, alter, repair, paint or otherwise change the appearance of such identifiable articles, goods, wares, merchandise or things. At all times during business hours, such licensee shall expose the same to public view.

(Ord. 396 § 8, 1976)

No pawnbroker or secondhand dealer shall purchase or take as a pledge, or otherwise, any goods offered him from any minor under the age of 18 years. Any statement made to such dealer, employee or purchaser by a person under the age of 18 years to the effect that he is over 18 years of age, shall not excuse such dealer or employee from any violation of this section.

(Ord. 396 § 9, 1976)

No person engaged in conducting, managing or carrying on any business affected by or to which this chapter relates shall fail, refuse or neglect to make or file any buy-form, statement or report required under this chapter in the form, in the manner, at the time, and in all respects as required by and in full conformity with the requirements of this chapter; or fail, refuse or neglect to keep the record or records required in this chapter in the form and in the manner required by this chapter; or fail, refuse or neglect to exhibit to the chief of police, or to any police officer of the city, or other duly authorized person, immediately upon demand for the privilege of such inspection, any such record or any goods, wares or merchandise in his possession or under his control.

(Ord. 396 § 10(part), 1976)

Whenever in this chapter any act is prohibited or made or declared to be unlawful or an offense, or the doing of any act is required, or the failure to do any act if forbidden or declared unlawful, the violation of any such provision of this chapter is an infraction. Every day any violation of this chapter continues constitutes a separate offense.

(Ord. 396 § 10(part), 1976)

(Ord. No. 808, § 5, 12-5-2023)