Ventura Municipal Code Ch. 6.200 Sales

A. Generally. It shall be unlawful for any person to conduct or cause or permit to be conducted a closing-out sale, or going out of business sale except as provided in the following subsections. “Closing-out sale” as used herein shall mean and include any distress or other sale wherein or whereby it is represented the business is being or will be closed or terminated at a particular location.

B. Exclusions. The provisions of this section shall not apply to judicial sales, to sales by executors or administrators, to sales of unredeemed pledges by or in behalf of licensed pawnbrokers, or to other sales as to which local regulation is preempted by law.

C. Purpose. A closing-out sale may only be used to dispose of stock on hand.

D. When Sales May Be Held. A closing-out sale of the stock on hand of a merchant or merchants shall be held on successive days, Sundays and legal holidays may be excepted, and shall not continue for more than 60 calendar days in all from the commencement of said sale. If an auction is held as part of a closing-out sale, the auction sale of the stock on hand of such merchant or merchants shall be held on successive days, Sundays and legal holidays may be excepted, and shall not continue for more than five calendar days in all from the commencement of said sale. A closing-out sale is permitted only when a merchant is in fact disposing of their stock for the purpose of ceasing business at the particular location and after issuance of a permit to hold a closing-out sale.

E. Permit. Not less than 15 nor more than 30 days previous to conducting any closing-out sale, the said merchant or merchants must make a sworn written application to the business license division for a permit so to do, specifying under oath the name and address of the applicant, the location and purpose of the sale and its expected duration and itemizing in detail the quality, quantity, kind, and grade of each item of the goods, wares and other articles to be sold.

F. Investigation. Before granting or denying such permit, the business license division may investigate the bona fide nature of the proposed sale and whether the place where it is proposed to carry on said sale is a fit and proper place, and that the goods, wares, merchandise, commodities or personal property proposed to be sold is a bona fide part of the merchant’s stock in trade and not secured, purchased or brought into said place of business for or in anticipation of said sale. (Code 1971, § 2250)

A. Definitions. The terms “auction,” “auction company,” “auction house” and “auctioneer” as used in this chapter shall have the meanings set forth in Section 5701 of the Business and Professions Code.

B. Conduct. All auctions of goods, wares, merchandise, or personal property within the city shall be conducted in accordance with this section; provided, however, that this section shall not apply to judicial sales, to sales by executors or administrators, to sales of unredeemed pledges by or in behalf of licensed pawnbrokers, or to other auctions to the extent that local regulation is preempted by law.

C. Display and Tagging of Articles in Lots Prior to Auction – Addition or Removal of Articles From Lots. For a period of at least two hours on the day of any auction sale all articles to be auctioned or offered at the sale shall be prominently displayed upon the premises and open to inspection by the public. Each lot to be offered for sale shall be numbered for identification at the time each lot is offered upon the block and the lot number shall be announced by the auctioneer. Every article in each lot to be offered on the day of the auction shall be marked with a clearly legible identification tag, identifying the articles as to lot number and as to the number within the lot. No article shall be added or removed from any lot at any time after it has been placed upon display, nor shall any lot be consolidated with all or any part of any other lot, nor may any lot be substituted for another lot unless the fact of such withdrawal, consolidation or substitution is announced to all prospective purchasers at the time the lot is offered for sale. No lot may be withdrawn from sale after two bids have been made upon it, and the bids have been accepted by the auctioneer.

D. General Requirements.

1. It shall be unlawful for any person to offer or attempt to dispose of any property at any auction sale in blind packages. All articles in any lot shall be prominently displayed while the lot is being auctioned unless the articles are so small and numerous to not make this feasible.

2. It shall be unlawful for any person to make any statements which are false in any particular, or which have a tendency to mislead, or to make any misrepresentation whatsoever with reference to any article sold or offered for sale at public auction.

3. During the course of an auction, it shall be unlawful for any person to display upon the auction block or in the person’s hand any article which is not a part of the lot then being auctioned off, or to represent in any manner that an article not a part of the lot then being auctioned off is a part of the lot.

4. It shall be unlawful for any person to make or offer, or cause to be made or offered, a false bid or any other than a bona fide bid at a public auction or to falsely pretend to buy, or to employ any person to falsely pretend to buy, any article at any auction sale, or to cause any person to do so.

5. It shall be unlawful for any person to substitute any article in lieu of the article offered to and purchased by any bidder, except with the bidder’s knowledge and consent, or to attempt to induce the purchaser of any article to accept, in lieu of the article, any other article.

6. It shall be unlawful for any person to refuse, fail or neglect to deliver complete and immediate possession of any auctioned article to the purchaser within 24 hours after the payment of the purchase price unless otherwise agreed to by the parties involved.

7. Except for purchases amounting to $2.00 or less, it shall be the duty of the auctioneer to make out an invoice containing a full and correct description of the articles sold and the price at which said articles were sold, and to give an invoice to the purchaser at the time the purchase price is paid. Duplicate copies of the invoices shall be maintained by the auctioneer for a period of at least one month after the auction.

8. Every auctioneer shall keep a record book in which there shall be entered each sale, the amount paid and the date of each sale.

E. Auction Sale of Jewelry and Furs, Conditions. Auction sales of jewelry and furs is permitted. Representation by an auctioneer as to the quality, grade, type or value of any piece of jewelry or fur being auctioned can only be made if the particular piece of jewelry or fur has had an independent appraiser’s report made to substantiate the quality, grade, type or value represented by the auctioneer. Such independent appraiser’s report shall be included for public inspection along with the particular piece of jewelry or fur and shall include the name of the independent appraiser who prepared the report.

F. Residential Sales. No auction sale of personal property shall be conducted within any residential zone of the city except when conducted pursuant to a court order. Such auction sale within a residential zone shall be conducted strictly in accordance with the provisions contained in this chapter. For the purposes of this section, the state fairgrounds are deemed not within a residential zone of the city.

G. Street Auction Sales. No auction sale shall be conducted on any public street or sidewalk of the city nor shall the conduct of any auction sale be conducted where noise from said auction can be heard from any point on the sidewalk across the street from the premises where said auction sale is being held.

H. Hours. No auction shall be conducted between the hours of 11:00 p.m. and 8:00 a.m.

I. Applicability. The provisions of this section shall not be deemed to prohibit any act which is expressly prohibited or expressly permitted pursuant to any other law of the state of California. To the extent that any provision thereof is preempted by state law, the same is not intended to apply and shall be deemed not to apply. (Code 1971, § 2251)

A. Generally. It shall be unlawful for any person to engage in, conduct, manage or carry on the business of pawnbroker, secondhand dealer, junk dealer or junk collector unless the person is the holder of an unexpired and unrevoked written permit therefor, issued in the manner hereinafter provided. This section does not apply to any recycling-related refund program involving the collection and payment of deposits for beverage containers.

B. Definitions. For the purpose of this section, the following terms are defined as follows:

“Junk collector” means any 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, paper, metal or other similar or dissimilar things commonly known as junk.

“Junk dealer” means any person having a fixed place of business in the city who engages in, conducts, manages, or carries on, the business of buying, selling, or dealing in, either at wholesale or retail, any old rags, sacks, bottles, cans, paper, metal or other similar or dissimilar things commonly known as junk.

“Pawnbroker” means any person engaged in, conducting, managing or carrying on the business of loaning money, whether for themselves 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 vendor or their assignee or assignees at prices agreed upon at or before the time of purchase.

“Pawnshop” means any room, store or place in which the business of a pawnbroker is carried on or conducted.

“Secondhand dealer” means any person who in the course of business buys, sells or deals in secondhand goods, wares or merchandise other than motor vehicles or junk as herein defined, and whether such person is engaged solely in such purchase, sale or dealing, or buys, sells or deals therein, in connection with engaging in, conducting, managing or carrying on another business similar or dissimilar; provided, that one who accepts secondhand goods, wares or merchandise in part payment, and coincidentally with the sale by them of new goods, wares or merchandise in the regular course of their business, shall not with respect to such goods, wares, or merchandise so acquired be deemed to be a secondhand dealer within the purview of this section.

C. Application for Permit.

1. Filing. Any person desiring to obtain a permit to conduct or carry on any business mentioned in subsection A of this section shall file an application in writing therefor with the police chief, specifying by street and number the place where such business is proposed to be conducted or carried on, or in the case of a junk collector who has no fixed place of business, then such application shall specify by street and number the applicant’s residence. Such application shall be verified by the applicant and shall contain their residence address and in addition to such matters shall set out such additional information in such manner and form as the police chief shall prescribe. Upon the filing of such application the police chief shall consider the same, and make such investigation as they shall deem proper, whereupon they shall issue or refuse to issue such permit.

2. Refusal. In the event the police chief shall refuse to issue such a permit, they shall, upon written request of the applicant, submit the application to the city manager who shall consider the same, shall make such investigation as they will deem proper, whereupon the city manager shall issue or refuse to issue such permit.

3. Scope of Permit. Said permit, if issued, whether by the police chief or a designee thereof, shall be permissive only as to the business and location therein designated and shall expire by limitation of time one year after its date of issuance.

4. Permit Prerequisite for License. The license tax collector shall not issue any license to a person to conduct or carry on the business of pawnbroker, secondhand dealer, junk dealer, or junk collector, until the person shall have been granted a permit therefor as herein provided, and the license tax collector at the time application is made to them may require any applicant for a license to present to them the permit.

5. Pawnbroker-Secondhand Dealers Permit, Nontransferable. Any permit issued to a person to engage in business as a pawnbroker or a secondhand dealer, together with the privileges conferred thereby, shall be nontransferable, and any attempt to transfer said permit to any other person, business, corporation, partnership or organization shall be void and of no effect.

6. Place of Business – Location Not Transferable. No permit issued authorizing a person to engage in business as a pawnbroker or secondhand dealer shall be deemed to authorize the conduct of said business at any location other than the specific location set forth on the permit and which theretofore has been approved by the chief of police or city manager. A permittee may relocate their business after receiving prior approval from the chief of police. Such location must be in accord with the zoning requirements of the city. No pawnbroker’s or secondhand dealer’s permit will be renewed for a location other than that for which the previous permit was issued without prior notification and approval of the chief of police.

7. Grounds for Denial of Permit. Any pawnbroker’s or secondhand dealer’s permit application under the provisions of this chapter may be denied by the chief of police or their designee for any of the following reasons:

a. Fraud, or material misrepresentation or material false statement contained in the application for the permit.

b. Fraud, material misrepresentation or material false statement made in the course of carrying on the business regulated by this chapter.

c. The applicant has been convicted of a misdemeanor or felony within the past three years if the misdemeanor or felony is substantially related to the qualifications, functions or duties of the pawnbroker, secondhand dealer or junk collector.

d. Any violation of any of the provisions of this chapter or of any other provisions of this code within the past five years relating to any of the business activities conducted or carried out by the pawnbroker, secondhand dealer or junk collector.

e. Any violation of the zoning requirements of the municipal code.

In all cases where a permit is denied, the chief of police shall notify the applicant in writing of the grounds for denial. Said applicant shall have the right to appeal in accordance with this code.

8. Permit, Grounds for Suspension or Revocation. Any secondhand dealer, junk collector or pawnbroker permit issued under the provisions of this chapter may be suspended or revoked for any of the following reasons:

a. Fraud, material misrepresentation or material false statement contained in the application for the permit.

b. Fraud, material misrepresentation or material false statement made in the course of carrying on the business regulated by this chapter.

c. Any violation of any of the provisions of this chapter or of any other provision of this code relating to any of the business activities conducted or carried on by the permittee.

d. Any violation of any provision of federal, state or local laws if substantially related.

e. Conviction of a felony by a holder of such permit during the period for which the permit was issued if the felony is substantially related to the qualifications, functions or duties of the pawnbroker or secondhand dealer.

f. Anything which would authorize denial of a new permit if one were applied for.

g. Falsification of pawnbroker or secondhand dealer permit or any other document required pursuant to this chapter.

Any person whose permit has been suspended or revoked shall have the right to an administrative appeal before the city manager or a designee thereof. Any unfavorable decision by the chief of police may be appealed in writing, stating the grounds therefor, within 10 days of said decision, to the city manager. Said city manager shall hold a hearing thereon within a reasonable time and the decision of said city manager shall be final. Upon written request of appellant, the city manager may issue a stay of execution of a suspension or revocation of a permit pending the hearing on appeal. Any such discretionary “stay” shall not exceed 30 days.

9. Compliance With Regulations. The permittee shall be responsible for requiring compliance with these rules and regulations by their manager, agents or employees. Any violation by a manager, agent or employee of the permit holder shall be deemed a violation by the permittee for purposes of administrative action against the permittee under this chapter.

D. Revocation of Permit.

1. Power to Revoke. The police chief or a designee thereof shall have the power to revoke any such permit upon proof to their satisfaction of a violation by the holder thereof of any provision of this code, or of the violation of any ordinance or law relating to, or regulating, the permitted business, or upon proof to their satisfaction that the continuance thereof by the permittee at the permitted location constitutes a nuisance or is contrary to the public health, morals, safety, peace or general welfare.

2. Hearing. No such permit shall be revoked until after a hearing shall be had by said police chief, or a designee thereof, notice of which and the nature of the charge being given in writing and served at least five days prior to the date of such hearing. Said service shall be upon the holder of such permit, or upon their or its manager or agent, or upon any person of suitable age and discretion in charge of or employed in the permitted place, or if no such person be there found, then at the residence of the permittee, either upon the permittee personally or by leaving such notice at the place of residence with some person of suitable age and discretion. If the holder of such permit cannot be found and service cannot be made in the manner hereinabove provided, then a copy of such notice shall be mailed, postpaid, addressed to the permittee at such place of business or residence at least five days before the date of said hearing. For the purpose of the service of such notice, the place of business or the residence of the holder shall be conclusively presumed to be at the location set out in the application filed in conformity with subsection C of this section, and it is hereby provided that each permittee may from time to time in writing notify the police chief of a change of residence address whereupon such new address shall for the purpose of this section be deemed to be the residence address set out in the application for permit. If the permit of any person to conduct or carry on any business under the provisions of this code shall be revoked, no permit shall be granted to such person to conduct or carry on any such business within three months after such revocation.

E. Reports and Records. The following reports and records shall be required:

1. Pawnbroker and Secondhand Dealers. Every pawnbroker and secondhand dealer shall keep and make identification and reporting requirements for the acquisition of taxable personal property in the ordinary course of business, as required by Sections 21628, 21630 and 21633 of the Business and Professions Code, and Section 21208 of the Financial Code.

2. Junk Dealer or Collector. Every junk dealer or junk collector shall on each day, before the hour of 11:00 a.m., make out and deliver to the chief of police, on a blank form to be obtained by the junk dealer or junk collector from the office of the said chief of police for that purpose, a full, true and complete report of all automotive parts and metals purchased or received during the day preceding the filing of such report. Such report shall show the hour of the day when each article was purchased or received, and the true name and license number only if purchased from a junk collector or junk dealer licensed by the city, but if from anyone else, the address as nearly as is known or can be ascertained by such junk dealer, or junk collector, of the person or persons by whom such article was sold or delivered, together with a description of such person or persons. The description to be given of every such person, other than of a junk collector or junk dealer licensed hereunder, shall show the height, age, sex, complexion, color of mustache, or beard, or both, where the same are worn, or if neither is worn such fact shall be noted. Such report shall also show the amount purchased and a complete description of each article purchased or received. Blanks to be obtained from the office of the chief of police, as herein provided, shall bear a caption providing blank spaces in which shall be written or printed the date of such report, the name and place of business of the person making the same, and the hour of the day when the same is received at the office of the chief of police. Such blanks shall be so printed and subdivided as to contain spaces with proper captions for the furnishing of the information required by this section. A copy of this section shall be printed upon each blank or upon the back thereof. The report herein provided to be made by a junk collector shall, in the event such junk collector does not reside in the city, be delivered to the chief of police before the articles purchased or received shall be taken out of the city and such articles shall at such time be made available to inspection by the police department.

3. Record of Receipts and Disposals. Every pawnbroker, secondhand dealer, junk dealer, and junk collector shall keep a complete record of all goods, wares, merchandise or things pledged to, or purchased, or received by them, which record shall contain all of the matters required by them to be shown in the reports referred to and described in subsections (E)(1) and (E)(5) of this section. Every such record and all goods, wares, merchandise and things pledged to or purchased or received by any such pawnbroker, secondhand dealer, junk dealer or junk collector shall be open at all times during business hours to the inspection of the chief of police or any police officer of the city.

4. Use of English Language. Every report and record required by the terms of this section to be filed or kept shall be written or printed entirely in the English language in a clear and legible manner.

5. Filing by Chief of Police. The chief of police shall file in some secure place in their office all reports received pursuant to the terms of this section, and the same shall be open to inspection only by persons charged with the enforcement of this section or upon an order of a court of competent jurisdiction.

F. Storage and Sale.

1. Unlawful to Sell Items Within 30 Days. It shall be unlawful for any pawnbroker to sell or dispose of any article or thing, except for articles listed in Section 21201 of the California Financial Code, within 30 days after such article or thing has been purchased or received by such pawnbroker. This chapter does not apply to transactions involving coins, monetized bullion, or commercial grade ingots of gold, silver, or other precious metals. It shall be unlawful for any secondhand dealer to sell or dispose of any article or thing within 30 days after such article or thing has been purchased or acquired by them other than to a person licensed under the provisions of this chapter.

2. Separation of Goods. Every junk dealer shall retain and keep on their premises, in a separate place designated for this purpose, all automotive parts and all metals such as copper, brass, or other metals purchased by the junk dealer in the manner following, to wit: The entire purchase of each day shall be put and kept in such designated separate place, and the said day’s purchase shall be kept in its original condition for a period of three working days, excluding weekends, after purchase or receipt of said automotive part(s), copper, brass or other metals and shall be at all times open to the inspection of the police department.

3. Exceptions. The 30-day provision of this subsection F shall not apply to:

a. The disposition or sale of an article by a person who received or purchases such article from one licensed under the provisions of this chapter who has made the required report to the police department and shall have held the articles for the length of time as provided in this subsection F; or

b. To the creation of a new and different piece of jewelry from one or more old pieces if such work is performed for the owner of said jewelry.

G. Conduct of Business.

1. Hours. It shall be unlawful for any person engaged in conducting, managing or carrying on the business of pawnbroker, secondhand dealer, junk dealer, or junk collector, or for any agent or employee of any such person, to accept any pledge of, or to loan any money upon personal property, or to 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. of a day and 6:00 a.m. of the following day.

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

3. Separate Businesses. If any person shall engage in, conduct, manage, or carry on at the same time more than one of the businesses defined and referred to in this section, such person shall be deemed to be engaged in, conducting, managing and carrying on such businesses separate and apart from the other such business, and such person shall comply in all respects with the provisions of this section relating to each such business, and it shall be unlawful for any such person to fail, refuse or neglect so to do.

4. Violations. It shall be unlawful for any person engaged in conducting, managing or carrying on the business of pawnbroker, secondhand dealer, junk dealer, or junk collector, or for any agent or employee of any such person to fail, refuse or neglect to file any report in the form, in the manner, at the time and in all respects in accordance with the requirements of this section, or to fail, refuse or neglect to keep the record or records in the form and in the manner required by this section, or to fail, refuse or neglect to exhibit to the chief of police or any police officer of the city immediately upon demand for the privilege of such inspection any such record or records or any goods, wares, or merchandise or things pledged to, or purchased or received by such person. Each such person shall be deemed guilty of a separate offense for every day during any portion of which any violation of any portion of this section is committed, continued or permitted by such person.

H. Stolen Property.

1. Whenever any peace officer has probable cause to believe that property in the possession of a pawnbroker or secondhand dealer is stolen, the peace officer may place a hold on the property for a period not to exceed 90 days. The peace officer shall give the pawnbroker or secondhand dealer a written notice of the time the hold is placed, describing the item or items to be held. During that period the pawnbroker or secondhand dealer shall not release or dispose of the property, except pursuant to a court order or upon receipt of a written authorization signed by any peace officer who is a member of the law enforcement agency of which the peace officer placing the hold on the property is a member. Except as specifically set forth in this section, a pawnbroker or secondhand dealer shall not be subject to civil liability for compliance with this section.

2. Whenever property that is in the possession of a pawnbroker or secondhand dealer is subject to a hold and the property is required by a peace officer in a criminal investigation, the pawnbroker or secondhand dealer, upon reasonable notice, shall produce the property at reasonable times and place upon the request of any peace officer who is a member of the law enforcement agency of which the peace officer placing the hold on the property is a member.

3. Whenever property that is in the possession of a pawnbroker or secondhand dealer is subject to a hold and the property is no longer required for the purpose of a criminal investigation, the law enforcement agency that placed the hold on the property shall undertake the following:

a. With respect to the property being held, if the law enforcement agency has no knowledge of the property on hold being reported as stolen, the hold shall be released.

b. If the law enforcement agency has knowledge that the property has been reported stolen, the law enforcement agency shall notify the person who reported the stolen property of the name and address of the pawnbroker or secondhand dealer holding the property, authorize the release of the property to that person, and advise the person that the law neither requires nor prohibits payment of a fee or any other condition in return for the surrender of the property.

The law enforcement agency that placed the property on hold shall release the hold after 30 days has elapsed following the delivery of the notice to the person who reported the property stolen.

c. If a pledgor seeks to redeem property that is subject to a hold, the pawnbroker or secondhand dealer shall advise the pledgor of the name and badge number of the peace officer who placed the hold on the property and the name of the law enforcement agency of which the officer is a member. If the property is not required to be held pursuant to a criminal prosecution the hold shall be released.

4. If property that is alleged to be stolen property is seized from a pawnbroker or secondhand dealer by a law enforcement agency, said agency should, at the written request of a pawnbroker or secondhand dealer, endeavor to notify the pawnbroker or secondhand dealer of the location of the property and status of any prosecution so that the pawnbroker or secondhand dealer may seek restitution.

I. Business and Professions Code.

1. No licensee shall engage in any act which the licensee knows to be in violation of Article 4 of Chapter 9 of Division 8 of the Business and Professions Code of the state of California (Section 21625 et seq.).

2. Adoption by Reference. Pursuant to Sections 50022.1 to 50022.8 of the California Government Code, Article 4 of Chapter 9 of Division 8 of the Business and Professions Code of the state of California (Section 21625 et seq.) is hereby adopted by reference. Three true copies of said code are on file in the office of the city clerk and are available for public inspection, as required by law. (Code 1971, § 2252)

A. Required. It shall be unlawful for any person to engage in business as a portrait photographer within the city without having first procured a license therefor as hereinafter provided from the license tax collector.

B. Application.

1. Required Information. Applicants for a license under this section must file with the license tax collector a sworn application in writing (in duplicate) on a form to be furnished by them, which shall give the following information:

a. Name of applicant.

b. Permanent home address and full local address of applicant.

c. Names, permanent home addresses, and full local addresses of each photographic solicitor, proof passer or other member of a transient or itinerant portrait photographer’s crew.

d. A brief description of the nature of applicant’s business.

e. If employed, the name and address of the employer, together with credentials establishing the exact relationship.

f. The length of time for which the right to do business is desired.

g. The address where the taking, finishing, coloring or enlarging of portrait photographs will be done, the proposed method of delivery, and the length of time within which delivery will be made.

h. A photograph of the applicant, and of each member of the applicant’s crew in case of a transient or itinerant portrait photographer, taken within 60 days immediately prior to the date of filing the application, which picture shall be two inches by two inches, showing the head and shoulders in a clear and distinguishing manner.

i. The names of at least two reliable property owners of the county of Ventura, state of California, who will certify as to the applicant’s good character and business respectability, or, in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility.

2. Filing Fee. At the time of filing the application, a fee of $10.00 shall be paid to the license tax collector to cover the cost of investigation of the facts stated therein.

3. Investigation. Upon receipt of such application, the original shall be transferred to the chief of police, who shall cause such investigation of the applicant’s business and moral character to be made as the chief of police deems necessary for the protection of the public good.

4. Denial. If, as a result of such investigation, the applicant’s character or business responsibility is found to be unsatisfactory, the chief of police shall endorse on such application their disapproval and their reasons for same, and return the said application to the license tax collector, who shall notify the applicant that their application is disapproved and that no license will be issued.

5. Issuance. If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the chief of police shall endorse their approval on the application and return the same to the license tax collector, who shall, upon the payment of the license fee herein prescribed, deliver to the applicant their license. Such license shall contain the signature of the license tax collector and shall show the name, address and photograph of said licensee, the class of license issued, the amount of fee, the date of issuance, and the length of time same shall be operative. Such license shall not be transferable.

C. Surety Bond. Every applicant for a portrait photographer’s license shall file with the license tax collector a surety bond running to the city in the amount of $1,000 with surety, acceptable to and in form approved by the attorney, conditioned that said applicant shall comply fully with all the provisions of this code and the statutes of the state of California regulating and concerning the business of portrait photographer and guaranteeing to any resident of the city that all money paid as a down payment will be accounted for and applied according to the representations of such portrait photographer or their agent, associate, or employee, and further guaranteeing to any resident of the city doing business with such portrait photographer or their agent, associate or employee that the photographs purchased or the service contracted for will be delivered or performed according to the representation of such portrait photographer, or their agent, associate, or employee.

D. Appeal. Any person aggrieved by the action of the chief of police or by the license tax collector in the denial of a license as provided in subsection (B)(4) of this section shall have the right to appeal to the license board of the city. Such appeal shall be taken by filing with the license board within 14 days after notice of the action complained of has been mailed to such person’s last known address, a written statement setting forth fully the grounds of the appeal. The license board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant by mailing notice, postage prepaid, to the appellant at their last known address at least five days prior to the date set for hearing. The decision and order of the license board on such appeal shall be final and conclusive. (Code 1971, § 2253)

A. Generally. It is hereby declared unlawful for any person, either for themselves or for any other person, to solicit custom and patronage or custom or patronage for goods, wares, merchandise, or services from any person upon any public street, sidewalk, alley, place or way.

B. Exclusions. The provisions of this section shall not affect:

1. The ordinary use of public streets, alleys, places and ways by conveyances bearing the name of a person, firm, association or corporation, or other sign, signs or advertisements.

2. The ordinary and usual transaction of a business dedicated to the public use of the transportation of persons.

3. The offering for sale or sale of current newspapers.

4. Sales or soliciting for charitable purposes after permit secured from the manager, which permit shall be issued unless such solicitation would obstruct public passage or be detrimental to public health, morals or safety. (Code 1971, § 2254)

A. Required. Every used automobile dealer must have, in addition to city license, a state license, and the number assigned by the motor vehicle department of the state of California to such dealer under the dealer’s state license must be posted and filed with the license tax collector prior to issuance of a license, and in the event the state motor vehicle department refuses to issue to any dealer a state license, the license tax collector must revoke or refuse to issue the city license, it being mandatory that a state dealer’s license is, and will be, necessary to secure a city license. Every person holding a city license as auto agency, or other license under which the person is selling or dealing in used motor vehicles, must file with the license tax collector the number assigned to such dealer under state license issued by the state motor vehicle department.

B. Definition. “Used automobile dealer” is defined to be any person engaged in or conducting or managing or carrying on the business of buying or taking in trade for the purpose of resale or offering for sale, or consigning to be sold, or otherwise dealing in used motor vehicles as the term “motor vehicle” is defined in Statutes of 1923, Chapter 266, as amended; provided, however, that no insurance company, finance company, transportation company or other persons coming into the possession of automobiles in the regular course of business, who shall sell such motor vehicles to licensed used automobile dealers exclusively, shall be deemed a used automobile dealer. Any person selling more than three used motor vehicles in any calendar year shall be deemed a used automobile dealer, and the burden of proving that such seller is not in fact operating as a used automobile dealer shall be placed upon such seller. “Used motor vehicle” is defined to be a motor vehicle which has been once sold, or registered for use on the highways, or one that has been operated by any person for a distance in excess of twice the distance necessary to transport the same from the place of business of the local distributor of such motor vehicle to the place of business of the dealer. A motor vehicle used for demonstration purposes is a used motor vehicle within the meaning of this section.

C. Records. Every used automobile dealer shall keep a record of the purchases, or consignments, or sales or exchanges of each and every motor vehicle purchased or sold, or consigned to be sold, or exchanged, by them, and said record shall at all times be open to the inspection of the council, the license tax collector, or any police officer.

D. Discontinuance of Business. Any person holding a license as used automobile dealer who discontinues business for the period of 90 days will automatically relinquish all right or interest in said license and the same shall automatically be revoked. (Code 1971, § 2255)

A. Generally. It is unlawful for any person who does not maintain or is not employed at an established place of business in the city to engage in the business of peddler, hawker, transient or itinerant merchant, solicitor, drummer or canvasser unless such person shall have first obtained a certificate of registration from the chief of police and have paid their license tax pursuant to Title 4, where applicable.

B. Definition of Peddler. “Peddler” means any person who goes from house to house or from place to place seeking to make concurrent sale and delivery of the goods, wares and merchandise in which the person deals.

C. Definition of Hawker. “Hawker” means a peddler who not only carries goods for sale, but seeks purchasers either by shouting, or by attracting notice and attention to them as goods for sale by actual exhibition or exposure of them, by placards or labels, by the sound of a horn, or by other means.

D. Definition of Transient or Itinerant Merchant. “Transient or itinerant merchant” shall include all persons, both principal and agent, who engage in a temporary or transient business in the city selling goods, wares, merchandise or service, and who, for the purpose of carrying on such business, hire, lease, or occupy any room, building, vacant lot or other facilities, or a portion thereof, including telephone solicitors for a concern other than nonprofit as defined by the collector. This definition shall not apply to commercial travelers, or selling agents, selling their goods to dealers by sample or for future delivery.

E. Definition of Solicitor, Drummer or Canvasser. “Solicitor, drummer or canvasser” means any person who goes from place to place and from house to house taking or attempting to take orders for sale of goods, wares and merchandise, or personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample, or whether the person is collecting advance payments on such sales or not.

F. Exemptions. The provisions of this chapter shall not apply to the following persons:

1. Wholesale Salesmen. Persons selling to or soliciting orders from established places of business.

2. Invitees. Persons requested or invited to call upon private residences by the owner or occupant of said private residence for purposes of peddling or soliciting.

G. Telephone Solicitation. For each business where initial contact or uninvited contacts are made with prospective customers by telephone solicitation in any form or manner, and the solicitor is not employed by a holder of a regular city license that has been issued at least 12 months prior to said telephone solicitation, each telephone solicitor shall be liable for a business license fee in the sum of $15.00 per day, $35.00 per week, $75.00 per month, $125.00 per quarter, $400.00 per year. (Code 1971, § 2256)

A. Issuance. The chief of police shall issue a certificate of registration to every person who complies with this chapter. Applicants for such certificate shall be issued a registration form at the police department. The registration form and the attached certificate of registration shall be correspondingly numbered.

B. Registration Information. Each registrant shall appear personally at the police department and furnish the following information:

1. The name and description of the registrant.

2. The permanent home address and full local address of the registrant.

3. The nature of the business to be conducted.

4. The name and address of the employer, if any.

5. A statement as to whether or not the registrant has been convicted of any felony or misdemeanor, the nature of the offense and the punishment or penalty assessed therefor.

C. Photographs and Fingerprints. Each registrant shall be photographed and fingerprinted.

D. Signature. The registration form shall be signed by the registrant.

E. Fees. A fee of $2.00 to defray the costs and expenses of registration and investigation shall be paid into the general fund of the city prior to issuance of a registration form.

F. Subsequent Registration. A certificate of registration shall be valid for the period specified in the certificate but in no event for longer than one year; provided, however, a new certificate of registration must be obtained whenever the information furnished by the registrant is no longer true.

G. Investigation. The police department is to request a report on every applicant from the Federal Bureau of Investigation or the State of California Bureau of Identification and Investigation.

H. Exhibiting Certificates. The certificate of registration shall be exhibited by the registrant whenever requested to do so by any law enforcement officer or any person with whom the registrant proposes to deal. (Code 1971, § 2257)

A. A garage sale is the sale from the residence or residential lot of a vendor of the vendor’s personal property which has been used in their home and which personal property was not purchased, acquired, or solicited by the vendor for the purpose of resale. A yard or patio sale is included within the definition of garage sale.

B. It is unlawful for any person to conduct more than one garage sale in any calendar year. It is unlawful for any person to conduct a garage sale that lasts for more than two consecutive calendar days.

C. No business license is required to be obtained by a person who conducts one garage sale, which does not exceed two consecutive calendar days in length, in any calendar year. (Code 1971, § 2258)