Thousand Oaks Municipal Code Ch. 6 Junk Collectors, Junk, Secondhand, and Antique Dealers, and Pawnbrokers

* The title of Chapter 6, formerly entitled “Junk Collectors, Junk and Secondhand Dealers, and Pawnbrokers,” amended by Section 1, Ordinance No. 743-NS, effective April 17, 1980.

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, or machinery which has been discarded or scrapped, and 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, or machinery which has been discarded or scrapped, and 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 or antique dealer” shall mean any person who buys, sells, or deals in secondhand or previously owned goods, wares, or merchandise, other than motor vehicles or junk, including jewelry and precious and semiprecious stones and metals. 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, T.O.O.C., as added by Ord. 158, as amended by § 2, Ord. 743-NS, eff. April 17, 1980)

No person may engage in the following business without first obtaining a permit:

(a) Junk collector;

(b) Junk dealer;

(c) Pawnbroker;

(d) Secondhand dealer; and

(e) Antique dealer.

(§§ 2321, 2322, 2323, and 2324, T.O.O.C., as added by Ord. 158, as amended by § XXIV, Ord. 241-NS, eff. November 25, 1971, and § 3, Ord. 742-NS, eff. April 17, 1980)

Any person desiring to obtain a permit required by the provisions of Section 3-6.02 of this chapter shall make a written application to the Chief of Police and submit the following information:

(a) The name and 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 conducted; and

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

(§ 2325, T.O.O.C., as added by Ord. 158, as amended by § XXIV, Ord. 241-NS, eff. November 25, 1971)

If the Chief of Police finds that the application provided for in Section 3-6.03 of this chapter complies with all the requirements of this chapter, he shall approve the application.

(§ 2326, T.O.O.C., as added by Ord. 158, as amended by § XXIV, Ord. 241-NS, eff. November 25, 1971)

The fee for obtaining the permit required by the provisions of this chapter shall be as specified in the City’s Master Fee Resolution.

(§ 2328, T.O.O.C., as added by Ord. 158, as amended by § V, Ord. 241-NS, eff. November 25, 1971, and § 4, Ord. 743-NS, eff. April 17, 1980, as amended by part 1, Ord. 1434-NS, eff. July 1, 2005)

If any permit required by the provisions of this chapter is revoked after issuance, no new permit may be granted to such permittee to carry on or conduct such business within three (3) months after the date of revocation.

(§ 2327, T.O.O.C., as added by Ord. 158, as amended by § XXIV, Ord. 241-NS, eff. November 25, 1971)

If any person shall engage in more than one of the businesses regulated by the provisions of this chapter, such person shall be deemed to be engaged in each such business separate and apart from the other such business. Such person shall comply in all respects with the provisions of this chapter relating to each such business.

(§ 2336, T.O.O.C., as added by Ord. 158)

If any person shall engage in the business of junk dealer, secondhand dealer, and antique 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 shall comply in all respects with the provisions of this chapter relating to the business carried on at each separate location.

(§ 2337, T.O.O.C., as added by Ord. 158, as amended by § 5, Ord. 743-NS, eff. April 17, 1980)

On each day, before 2:00 p.m., every junk dealer, junk collector, pawnbroker, secondhand dealer, or antique dealer shall make and deliver to the Chief of Police a full, true, and complete report of all goods, wares, and merchandise purchased or received during the preceding day. The report shall contain such other information as the Chief of Police may require to carry out the intent of this chapter. The following shall be exempted from the reporting requirements of this section; purchases or receipts made at a properly licensed auction; made by the dealer, collector, or broker while outside the City limits; and made from another properly licensed dealer, collector, or broker. The blank forms for such reports shall be supplied by the office of the Chief of Police.

(§§ 2329, 2329.2, and 2329.3, T.O.O.C., as added by Ord. 158, as amended by § 6, Ord. 743-NS, eff. April 17, 1980)

The Chief of Police shall maintain a file of all the reports of purchases and receipts. The files shall be open to inspection by any peace officer or law enforcement officer within the County or 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 the same are filed.

(§ 2329.1, T.O.O.C., as added by Ord. 158)

Every junk collector, as defined in subsection (a) of Section 3-6.01 of this chapter, shall deliver his report to the Chief of Police before any articles purchased or received are removed from the City. Such articles at such time shall be made available for inspection by the Chief of Police or any of his deputies.

(§ 2329.4, T.O.O.C., as added by Ord. 158)

Every junk collector, junk dealer, pawnbroker, secondhand dealer, and antique dealer shall keep a complete record of all goods, wares, merchandise, or things purchased or received by him, which record shall contain all the matters required by him to be shown in the reports described in Section 3-6.09 of this chapter, including, for the purposes of this section, purchases or receipts made at auctions, outside the City, and from other licensed brokers, dealers, and collectors.

(§ 2330, T.O.O.C., as added by Ord. 158, as amended by § 7, Ord. 743-NS, eff. April 17, 1980)

The records required by the provisions of Section 3-6.12 of this chapter and all goods, wares, and merchandise purchased or received by any junk collector, junk dealer, pawnbroker, secondhand dealer, or antique dealer shall be open for inspection at all times during business hours to any peace officer or law enforcement officer within the County.

(§ 2331, T.O.O.C., as added by Ord. 158, as amended by § 8, Ord. 743-NS, eff. April 17, 1980)

A junk collector, junk dealer, pawnbroker, secondhand dealer or antique dealer shall retain tangible personal property for thirty (30) days as required by Section 21636 of the California Business and Professions Code, Division 8, Chapter 9, Article 4, or as amended.

(§§ 2334 and 2334.1, T.O.O.C., as added by Ord. 158, as amended by § XXIV, Ord. 241-NS, eff. November 25, 1971, § 9, Ord. 743-NS, eff. April 17, 1980, and § 5, Ord. 1250-NS, eff. January 9, 1996, as amended by part 2, Ord. 1437-NS, eff. July 7, 2005)

Statutory reference: Similar provisions, see California Business and Professions Code, Division 8, Chapter 9, Article 4

Every person required to hold a permit pursuant to the provisions of this chapter shall retain all metals purchased by him in a separate place designated for that purpose. The entire purchase of each day shall be kept in such designated separate place. Each day’s purchase shall be kept in its original condition for a period of seventy-two (72) hours after purchase or receipt.

(§ 2333, T.O.O.C., as added by Ord. 158, as amended by § 10, Ord. 743-NS, eff. April 17, 1980)

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

(§ 2332, T.O.O.C., as added by Ord. 158, as amended by § 11, Ord. 743-NS, eff. April 17, 1980)

Every junk, secondhand, and antique dealer shall maintain on his premises a sign printed in the English language. Such sign shall be of a size sufficient to be read from the street in front of the place of business and shall state that such person is a junk dealer, secondhand dealer, or antique dealer. Where the business is conducted in an office building, the sign shall be placed at the door to the office. Where the business is conducted in a department of any building, the sign shall be placed at the entrance of the department.

(§2335, T.O.O.C., as added by Ord. 158, as amended by § 12, Ord. 743-NS, eff. April 17, 1980)

If the applicant fulfills the provisions of Sections 3-6.03 and 3-6.05 of this chapter, a temporary permit may be issued. Such temporary permit shall expire thirty (30) days after the date issued. Further, the temporary permit shall be surrendered to the Finance Department at the time the regular permit is issued or the thirty (30) day time period elapses, whichever occurs first.

(§ VI, Ord. 241-NS, eff. November 25, 1971)