Walnut Municipal Code Art. II Businesses Requiring Permits

Advertising by Sound Trucks. Any person operating, driving or parking or causing to be operated, driven or parked upon any street, alley, parkway, sidewalk or public property within the City, any advertising vehicle, sound truck or commercial vehicle with sound amplifying equipment in operation or with any sound or signaling device in operation for the purpose of attracting or calling the attention to such vehicle and where the same is not used for noncommercial purposes, as determined by the City Clerk in his or her discretion, shall be required to obtain a permit in accordance with the terms and provisions of this chapter. Such permit shall specify the date, time and places of operation.

Amusements; circus; menageries; tent shows; theatricals; vaudeville.

Auction sale; auctioneer; auction house.

Bankrupt sales, closeout sales, etc.

Dance hall. Teen-age dances shall require neither a license nor a permit; provided that the person or organization sponsoring or conducting the teenage dance shall deliver to the City Clerk either personally or by first class mail the time and place of such dance at least five days in advance of such dance.

Refuse collection. The fee for such permit shall be $250.00.

Taxicab operator.

No proprietor of a restaurant, hotel, café, coffee house, cabaret, club, barroom, beer hall, beer garden or public dance hall, or the employee thereof, or anyone, shall conduct, permit or assist in conducting or permitting any entertainment to be shown, staged, performed, exhibited or produced in any restaurant, hotel, café, coffee house, cabaret, club, barroom, beer hall, beer garden or public dance hall or burlesque show, burlesque revue or burlesque theater unless a permit has been issued therefor in accordance with the terms and provisions of this chapter.

A. Entertainment as used herein means and includes any activity planned, engaged in, or permitted to occur for the purpose of or resulting in the pleasing, entertaining, attracting or retaining patrons or customers, and shall specifically include, but not be limited to, the playing of any musical instrument by any human being, the playing of records, tapes or other musical reproduction devices or performing the functions of a disc jockey. Entertainment as used herein does not include:

1. Public dances for which a permit has been issued.

2. Teenage dances for which a permit has been issued.

3. Theaters, but entertainment does include burlesque shows or revues conducted in halls or theaters as the sole or primary attraction.

B. No entertainment as defined in this chapter shall be conducted between the hours of 2:00 a.m. and 6:00 a.m. unless authorized by the permit to do so.

C. A person under the age of 18 shall not enter, be or remain on or in any premises where entertainment is being conducted as herein provided except when such person is accompanied by a spouse of legal age, or his or her parent or guardian or except where authorized by the permit. A permittee shall not permit or allow any such person to enter or to be in or on any premises contrary to the provisions of this section.

D. No entertainment shall be permitted in any such establishment requiring a permit hereunder which does not provide unlocked doors for free and easy ingress and egress while patrons are in the establishment.

E. The City Council, in granting or denying a permit under this section, in addition to the standards specified in Section 4.12.150, shall take into consideration in addition the following factors in determining any conditions to be imposed in respect to the granting of said permit or in determining that the permit should be denied, in the protection of the public peace, health, safety, morals or welfare:

1. Proximity to surrounding residential area, schools, churches, parks and public buildings.

2. Building standards for public assemblage.

3. Moral character of proprietor and entertainer and employee participating in entertainment.

4. Noise, traffic and other factors interfering with the quiet and peaceful enjoyment of the neighborhood.

5. Increased policing, if any, necessitated by the activity for which the permit is requested.

6. Any other factor created by the type of entertainment proposed to be supplied by the permit which would interfere with or endanger the public health, safety, morals or welfare.

F. In granting any such permit, the City Council may in the application of the aforementioned standards and in order to protect the public peace, health, safety, morals and welfare, impose any reasonable conditions or regulations pertaining to the conducting of such entertainment and, in addition, but not limited thereby, impose additional limitations over and above those contained in this section in order to protect the public health, safety, morals and welfare and may in that regard, but not limited thereby, further limit the hours of operation, the age of persons who may attend such place of entertainment, and require all necessary adult or police supervision, including the presence of a uniformed officer.

G. The City Council has intended by this section to provide a regulation pertaining to the place of and the personnel involved in providing entertainment in certain public places consisting of restaurants, hotels, cafés, coffee shops, cabarets, clubs, barrooms, beer halls, beer gardens, public dance halls, burlesque shows, burlesque revues or burlesque theaters, and it is not the intention of the City Council to prohibit any such entertainment where under reasonable conditions the public peace, health, safety, morals and welfare can be protected or where under the application of the standards set forth in this chapter and in subsection E of this section the public peace, health, safety, morals and welfare will be protected. The doing of entertainment business, as defined in this section, without an entertainment business license or permit, or the doing of any entertainment business in violation of the terms and provisions of such license or permit, or the performing or engaging in the act of entertaining as defined in this section without a permit therefor or in violation of any of the provisions or terms of such a permit, or the doing of any of the foregoing, after suspensions or terms of such a permit, or the doing of any of the foregoing, after suspension or revocation of license or permit, are hereby prohibited and are made a misdemeanor and are punishable by imprisonment and penalty as provided in this code. The City Council hereby declares that the conducting of an entertainment business, as defined in this section, or the engaging in or performing of entertainment, as defined in this section, without a license or a permit therefor, or in violation of the terms and provisions of any license or permit, or after the suspension or revocation of any such license or permit, is a public nuisance and, in addition to the enforcement provisions of this code, shall be abated as a public nuisance as provided by law.

A. Every person not having a regularly established place of business or permanent residence in the City engaged in the business of selling, peddling or soliciting orders for the sale of any goods, wares or merchandise, magazines, papers, periodicals or other form of occupation or business involving peddling, canvassing and soliciting from house to house or place to place, or upon the streets and public places within the City, including charitable solicitations, and any similar business, shall, before engaging in such activity, make application for a permit to the City Manager or designee. Such application shall contain the following information:

1. Name of the applicant;

2. The entity status of the applicant or the organization he or she represents;

3. The age of the applicant;

4. The permanent address of the applicant;

5. A general description of the activities to be engaged in by the applicant;

6. If the applicant is not an individual, the names, addresses and telephone numbers of the applicant’s principal officers and managers and a copy of the resolution, if any, authorizing such solicitation;

7. The purpose for which the solicitation is to be made, the total amount of funds proposed to be raised thereby, and the charitable use or disposition to be made of any receipts therefrom;

8. The names, addresses, telephone numbers and signatures of the persons to be directly engaged in the proposed soliciting, peddling or canvassing, and the names of all promoters connected, or to be connected with the proposed soliciting, peddling or canvassing;

9. The time period when such soliciting, peddling or canvassing shall be done, giving the proposed dates for the beginning and ending of the activity;

10. A full statement of the character and extent of the charitable work being done by the applicant within the City;

11. A statement to the effect that if a permit is granted, it will not be used or represented in any way as an endorsement by the City, or by any department or officer of the City;

12. Such other information as may be reasonably required by the City Manager in order for her/him to determine the kind and character of the proposed soliciting, peddling or canvassing.

B. If the City Council approves the application, the City Manager or designee shall issue the applicant a certificate showing that the applicant has complied with the provisions of this section. The applicant shall thereafter retain such certificate and have the same visibly displayed upon his or her person at all times while engaged in any of the activities mentioned in this section, and it shall be the duty of such person to display the certificate to any party of whom he or she solicits any business upon request therefor. This subsection shall not apply to any person who engages in solicitation solely as an incident to the conduct of any regular retail route. Upon good cause shown by application to the City Council, the City Council may waive the provisions of this subsection, or any permit fees, for organizations, groups or individuals described in Section 4.04.260. The City Council may approve a list of charitable institutions, organizations, groups or individuals which have previously been approved for waiver under Section 4.04.260. Organizations on this list may be approved for waiver of those fees and provisions administratively by the City Manager or designee.

C. No person, firm or corporation shall sell, peddle, solicit or canvass or offer to do any of the foregoing, upon or adjacent to or within 1,000 feet of any public building of the City, county or state, or the public grounds thereof, or any public or private school building or the grounds thereof, any public library or the grounds thereof, or the grounds of any park or recreation building.

D. It is unlawful for any person within the City to engage in the activity of peddling, soliciting, or canvassing unless such person has a valid permit to do so issued by the City Manager in accordance with the terms and provisions of this chapter.

E. It is unlawful for any person to engage in the activity of soliciting, peddling or canvassing within the City between the hours of 8:00 p.m. and 9:00 a.m. of any day, unless the person has first been requested or invited to do so by the party being solicited.

F. It is unlawful for any person to go upon any property in the City which has been conspicuously posted with a sign stating no soliciting, no peddling, no canvassing, or any similar prohibition, for the purpose of soliciting, peddling or canvassing.

G. The City Council specifically finds that the practice of going in and upon any property in the City by such solicitors, peddlers or canvassers between the hours of 8:00 p.m. and 9:00 a.m. without the permission or request of the occupier of such property endangers the public health, safety and welfare, and is a nuisance.

A. The application for a fortunetelling permit shall include:

1. Name, address and telephone number of the applicant.

2. Address of the proposed location for the conduct of the proposed profession, art or business.

3. Record of conviction for violations of the law, excluding minor traffic violations.

4. Two copies of a photograph, one inch by one inch in size, taken within two years of the application for submission to the law enforcement agency.

5. The fingerprints of the applicant on a suitable form to be provided by the law enforcement agency.

6. Address, city and state, and approximate dates when this applicant practiced a similar business, either alone or in conjunction with others.

7. A nonrefundable application fee of $100.00.

8. Such other and further information as the City Clerk may find necessary to process the application.

B. If the application is approved by the City Council, the City Clerk shall issue the permit only when:

1. The required annual license tax, and application fee is paid, and

2. There shall have been posted with the City Clerk a surety bond showing the applicant as principal in the principal sum of $15,000.00 executed by a good and sufficient corporate surety authorized to do a surety business in this state. The City Attorney shall approve the form of the bond. The bond shall be given to insure good faith and fair dealing on the part of the applicant and as a guarantee of indemnity for any and all loss, damage, injury, theft, or other unfair dealing suffered by any patron of the applicant within the City during the term of the permit.

C. Every natural person actively carrying on, conducting or engaging in the business of fortunetelling for which a license and/or permit is required shall file a separate application, separate photograph and fingerprints, and pay a separate license and permit fee as required by the provisions of this chapter. Such person shall also post a separate bond as required herein for each person conducting the business of fortunetelling.

D. The liability on any bond deposited with the City may be terminated upon the filing with the City Clerk by the surety on the bond a written notice to the City that the surety intends to terminate the liability upon the bond, said termination to become effective 30 days from and after the day upon which the notice of intention to terminate liability is filed with the City Clerk; provided, however, that in no case shall the termination of liability by the surety on any bond affect any liability incurred prior to the date of termination thereof.

E. In addition to the provisions of this chapter pertaining to the revocation or suspension of a license or permit, the license or permit of any person hereunder may be revoked or suspended upon such person being convicted in a court of competent jurisdiction by a final judgment of an offense involving the performance of fortunetelling.

Vending on any public street, highway, road, alley or sidewalk within the City is subject to the following regulations:

A. "Streets," as used in this section, includes roads, streets, highways and alleys publicly maintained and open to the use of the public, and privately owned and maintained roads and streets generally held open to the public use.

B. "Sidewalk" includes that portion of a street, other than a roadway for vehicular traffic, set apart by curbs, barriers, markings or other delineation for pedestrian travel, other than crosswalks.

C. "Vending," as used in this section, includes sales, solicitation of sales, peddling, hocking, delivery, gift, barter or exchange of property, goods, wares, merchandise, foodstuffs, edibles, liquids, ice cream, confectionaries or other products, including books, handbills, newspapers, magazines and pamphlets, all of which are performed from a motor vehicle.

D. No vending shall occur within 1,000 feet of any school building or the grounds thereof, any public library or the grounds thereof, or any park or recreation facility or the grounds thereof.

E. Vending shall not occur within 100 feet of the intersection of any street with another street.

F. Vending shall not occur on any street with a speed limit in excess of 30 miles per hour.

G. Vending conducted upon the sidewalks or the curb or parkway of any street is prohibited, except nothing contained in this section shall prohibit the selling, vending or distribution of periodicals, newspapers, magazines, pamphlets, books or handbills, whether commercial or noncommercial, upon the sidewalks or the curb or parkway of any street to a person, customer or purchaser willing to or desiring to purchase or receive the material.

H. All vending shall occur only in response to a request made by a bona fide resident or occupant of a residential, commercial or other structure or area designed for human use.

I. A vendor shall not remain standing or parked at the request of a resident or occupant at one location more than 15 minutes.

Filming on public/private property for the purpose of producing, taking or making any motion picture, television, commercial, video taping or still photography.

A. The City Manager or designee shall accept, process, review, approve or deny application for filing permits in accordance with this subsection and rules and regulations adopted by resolution of the City Council.

B. Permittees shall be subject to the provisions of this section, rules and regulations adopted by resolution of the City Council, and the code of conduct adopted by resolution of the City Council.

C. Exemption from Permit Requirements. Permits shall not be required for the following:

1. The filming, video taping or production of current news which includes reporters, photographers and cameramen employed by a newspaper, news service, broadcasting station or similar entity when actually engaged in news events.

2. Photography, filming or video taping solely for one’s personal or family use.

D. Fees Required. The following nonrefundable fees shall be paid by the applicant:

1. Permit fee: determined by resolution.

2. City property fee: determined by resolution.

3. Personnel and equipment charges including law enforcement, fire department and similar services shall be charged in accordance with actual costs incurred.

E. Deposit. Any applicant shall pay all charges through cash or cashier’s check in the amount of not less than $500.00.

F. Permit Application Fee Waiver. There shall be no fee charged for the following:

1. Public access and local origination programs for cable television systems franchised within the City.

2. Photographic evidence for use in a criminal investigation or civil proceeding.

3. Filming, video taping and still photography by students, educational institutions; other governmental agencies and charitable institutions shall be exempt from permit fees only.

G. Definitions. For the purpose of this section, the following definitions shall apply:

News.

Regularly scheduled news programs (but not magazine or documentary programs), and special news programs which are not preplanned and are broadcast within 24 hours after the event.

Charitable Institutions.

A nonprofit organization, which qualifies under Section 501(c)(3) of the Internal Revenue Code or Section 23701 of the California Revenue and Taxation Code as a charitable organization. No person, directly or indirectly, shall receive a profit from the marketing or production or showing of the films, tapes or photos.

Student.

An applicant who has submitted a letter written on school letterhead by a school administrator or instructor stating that the applicant is currently enrolled in a recognized U.S. educational institution and that the film is not for commercial release and who agrees, in writing, to pay the City all waived fees in the event the film is ever used for commercial purposes.

H. Violation. If an applicant violates any provision of a film permit or the implementing regulations, the City Manager may cancel the permit.

I. A vendor shall not remain standing or parked at the request of a resident or occupant at one location more than 15 minutes.

A. Individuals. It is unlawful for any individual to conduct, engage in, carry on, participate in, or practice healing arts, massage, acupressure, acupuncture, or body treatment related services or cause the same to be done for compensation unless that individual is certified by the State of California.

B. Businesses. It is unlawful for any business to conduct, engage in, carry on, participate in, or practice healing arts, massage, acupressure, acupuncture, or body treatment related services for compensation within the City of Walnut unless, all individuals employed by the business to perform such services, whether as an employee, independent contractor, or sole proprietorship are certified by the State of California, and said business has obtained a valid City business license as provided by this chapter.

C. Definitions. For the purpose of this section, the following definitions shall apply:

Acupressure.

The stimulation or sedation of specific meridian points and trigger points near the surface of the body by the use of pressure applied by the acupressurist in order to prevent or modify the perception of pain or to normalize physiological functions, including pain control, in the treatment of certain diseases or dysfunctions of the body.

Acupressurist.

A person who administers acupressure and is a registered physical therapist or acupuncturist provided each manager and employee has a current license from the State of California.

Acupuncture.

Acupuncture shall have the same meaning as defined in California Business and Professions Code Section 4927(e).

Acupuncturist.

A person who administers acupuncture.

Body Treatment.

Shall include, but is not limited to, the following uses: acupuncture, acupressure, and massage.

Business.

Shall include, but not limited to, everything about which a person can be employed, and means that which occupies the time, attention, and labor of men and women for the purpose of producing a livelihood or profit, and connotes the efforts of men and women by varied and diverse methods of dealing with each other, to improve their individual economic conditions, and for the purposes of this section shall include, without limitation, the advertising and soliciting of body treatment related services.

California Massage Therapy Council (CAMTC).

The massage therapy organization formed pursuant to Business and Professions Code Section 4600.5.

Chiropractic.

A system of therapeutic treatment for various diseases, through the adjusting of articulations of the human body, particularly those of the spine, with the object of relieving pressure or tension upon nerve filaments. The operations are performed with the hands, with no drugs being administered. This definition shall include the definition of chiropractic as contained in Business and Professions Code Section 1000-7 and 16 California Administrative Code Section 302. A chiropractor is a person who administers chiropractic.

Client.

The customer or patron who pays for or receives body treatment related services.

Compensation.

The payment, loan, advance, donation, contribution, deposit, exchange or gift of money or anything of value.

Employee.

Any person employed by a body treatment related business who may render any service to the business, and who receives any form of compensation from the business.

Establishment.

A place where services are performed for acupuncture, acupressure, massage, or other related services.

Massage or Massage Services.

Includes any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, manipulation, or stimulating the external parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or similar preparations. Such services shall include any bath, fomentations massage, electric or magnetic treatment, shiatsu, alcohol rubs, and Russian, Swedish or Turkish baths and other related actions. At no time will these treatments include the rubbing, stroking, kneading or otherwise touching the genital or anal areas of the human body.

Operator or business operator.

Any and all owners of a body treatment related business.

Owner.

Any of the following persons:

Any person who is a general partner of a general or limited partnership that owns a body treatment related business.

Any person who has any type of ownership interest in a corporation that owns a body treatment related business.

Any person who is a member of a limited liability company that owns a body treatment related business.

Any person who has any type of ownership interest in any other type of business association that owns a body treatment related business.

Person.

Any individual, firm, association, partnership, corporation, joint venture, limited liability company, or combination of individuals.

Registration.

The submittal of an application(s) required by this section to operate a business in the City of Walnut.

School.

Any school or institution of learning that is recognized as an approved school pursuant to Business and Profession Code Division 2, Chapter 10.5, as currently drafted or as may be amended.

Services.

The action of helping or doing work for someone for compensation.

Solicit.

To request, ask, demand, or otherwise arrange for the provision of services.

Technician or Therapist.

Any person engaged in the practice of massage, acupressure, or acupuncture, or other body treatment related occupation in any form of consideration for compensation, and is certified by the California Massage Therapy Council pursuant to California Business and Professions Code Section 4600 et seq.

D. Business Registration.

1. The registration application for a City business license shall include all of the following:

a. Legal name of the business.

b. Address and telephone number of the business.

c. Legal name(s) of all owners of the business.

d. A list of all the business’s employees and independent contractors who are performing body treatment related services and their State of California certification.

e. Residence address and telephone number of all owners of the business.

f. Business address and telephone number of all owners of the business.

g. The form of business under which the business will be operating (i.e. corporation, general or limited partnership, limited liability company, or other form).

h. Any other information deemed necessary by the City Manager or designee.

2. Every business shall provide a professional prepared plot plan and floor plan in conjunction with the business license application showing the following information:

a. Plot plans shall be drawn at least one-eighth inch scale, showing all property boundary lines, building location(s), and off-street parking.

b. Floor plans shall include the location of all counters, equipment, partitions, sinks, plumbing, walls, electrical and any other alteration or improvement necessary for the operation of said business. The plans shall specify the type of all door lock devices.

3. For all owners, a valid and current driver’s license and/or identification issued by a state or federal governmental agency or other photographic identification bearing a bona fide seal by a foreign government.

4. For all owners, a signed statement that all of the information contained in the application is true and correct; that all owners shall be responsible for the conduct of the business’s employees or independent contractors providing; and acknowledging that failure to comply with the California Business and Professions Code Sections 4600 et seq., and local, state, or federal law, or the provisions of this chapter may result in revocation of the business’s City business license.

5. Upon provision by the business of the foregoing documentation, the City of Walnut shall issue the business a City business license, which shall be valid from the date of issuance until the end of each fiscal year (June 30). No reapplication will be accepted within one year after an application or renewal is denied or a license is revoked. City business licenses shall not be issued to a business seeking to operate at a particular location if:

a. Another business is or was operating at that particular location and that the business is currently serving a suspension or revocation, during the pendency of the suspension or one year following revocation.

b. Another business is or was operating at that particular location and that business has received a notice of suspension, revocation, or fine issued, during the 10-day period following receipt of the notice or while any appeal of a suspension, revocation or fine is pending.

c. Another business is or was operating at that particular location and that business has outstanding fines issued that have not been paid.

6. A business shall apply to the City to amend its City business license within 30 days after any change in the registration information, including, but not limited to, the hiring or termination of technicians, the change of the business’s address, or changes in the owner’s addresses and/or telephone numbers.

7. A business shall apply to the City to renew its City business license at least 30 days prior to the expiration of said City business license. If an application for renewal of a City business license and all required information is not timely received and the business license expires, no right or privilege to provide services shall exist.

8. A business is required to pay any and/or all applicable fees to obtain a City business license as set forth in this chapter.

9. A City business license shall not be transferred except with the prior written approval of the City of Walnut. A written request for such transfer shall contain the same information for the new ownership as is required for applications for registration pursuant to this section. In the event of denial, notification of the denial and reasons therefor shall be provided in writing and shall be provided to the applicant by personal delivery or by registered or certified mail. A City business license may not be transferred during any period of suspension or one year following revocation, during the 10-day period following a business’s receipt of a notice of suspension, revocation or fine issued, or while any appeal of a suspension, revocation or fine is pending. Further, a City business license may not be transferred until all outstanding fines issued have been paid.

E. Operating Requirements. No person or business shall engage in, conduct, carry on, or permit body treatment related services within the City of Walnut unless all of the following requirements are met:

1. Services shall be provided or given only between the hours of 7:00 a.m. and 9:00 p.m. No business shall be open and no services shall be provided between 9:00 p.m. and 7:00 a.m. All services commenced prior to 9:00 p.m. shall nevertheless terminate at 9:00 p.m., and, in the case of a body treatment business, all clients shall exit the premises at that time. It is the obligation of the business to inform clients of the requirement that services must cease at 9:00 p.m.

2. A list of the services available and the cost of such services shall be posted in the reception area within the premises, and shall be described in readily understandable language. No owner, manager, operator, or responsible managing employee shall permit, and no technician shall offer or perform, any service other than those posted or listed as required herein, nor shall an operator or a technician request or charge a fee for any service other than those on the list of services available and posted in the reception area or provided to the client in advance of any outcall services.

3. A copy of the State certificate and City business license of each and every technician employed in the business shall be displayed in the reception area or similar open public place on the premises. State certificates or business licenses of former employees and/or contractors shall be removed as soon as those technicians are no longer employed by or offering services through the business. Each technician shall have on the premises at all times, a valid California Department of Motor Vehicles (DMV) identification to be shown to any City official immediately upon request.

4. For each service provided, every business shall keep a complete and legible written record of the following information: the date and hour that service was provided; the service received; the name or initials of the employee entering the information; and the name of the technician administering the service. Such records shall be open to inspection and copying by public safety personnel, City officials, and may not be provided to other parties by the technician or operator unless otherwise required by law. Such records shall be retained on the premises of the business for a period of two years and be immediately available for inspection during business hours.

5. Businesses shall at all times be equipped with an adequate supply of clean sanitary towels, coverings and linens. Clean towels, coverings, and linens shall be stored in enclosed cabinets. Towels and linens shall not be used on more than one client, unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one client. Soiled linens and paper towels shall be deposited in separate, approved receptacles.

6. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bath rooms, tanning booths, whirlpool baths and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the Health Officer. Bathtubs shall be thoroughly cleaned after each use with a disinfectant approved by the Health Officer. All walls, ceilings, floors, and other physical facilities for the business must be in good repair, and maintained in a clean and sanitary condition.

7. Instruments utilized in performing massage shall not be used on more than one client unless they have been sterilized, using approved sterilization methods.

8. All business operators and their employees, shall wear clean, non-transparent outer garments. Said garments shall not expose genitals, buttocks, or female breast, and shall not be worn in such manner as to expose such areas. For the purposes of this section, outer garments means a garment worn over other garments and does not include garments like underwear, bras, lingerie or swimsuits.

9. No person shall enter, be, or remain in any part of a business while in possession of an open container of alcohol, or consuming or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs. The owner, operator, responsible managing employee, or manager shall not permit any such person to enter or remain upon such premises.

10. No business shall operate as a school of massage, acupressure, acupuncture or, use the same facilities as that of a school of massage, acupressure, or acupuncture.

11. No services shall be given unless the client’s genitals are, at all times, fully covered. A technician shall not, in the course of administering any services, make physical contact with the genitals of any other person regardless whether the contact is over or under the person’s clothing.

12. Where the business has a staff person available to assure security for when clients and technicians are behind closed doors, the entry to the reception area of the massage business shall remain unlocked during business hours when the business is open for business or when clients are present. The foregoing provision shall not apply if the business is a business entity owned by one individual with one or no employees or independent contractors.

13. No business located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall, during business hours, block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises. For the purpose of this subsection, there is an irrefutable presumption that the visibility is impermissibly blocked if more than 10% of the interior reception and waiting area is not visible from the exterior window.

14. A recognized and readable sign shall be posted at the main entrance of the proposed establishment which identifies it as a body treatment or other similar establishment. Such sign shall comply with all requirements of all City ordinances.

15. Provide at least one artificial light of not less than 60 watt bulb, or equivalent light, in accordance with the building code, to be hung from the ceiling directly above any work table or booth where services are being performed on a patron and in all areas where clients are present.

16. Ventilation shall be provided in accordance with applicable building codes and regulations.

17. Hot and cold running water shall be provided at all times.

18. Adequate dressing, locker and toilet facilities shall be provided for clients.

19. A minimum of one wash basin for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing of body treatment services. Sanitary towels shall also be provided at each basin.

20. All businesses shall comply with all state and federal laws and regulations for persons with disabilities.

21. A technician shall operate only under the name specified in his or her State certificate. A body treatment business shall operate only under the name specified in its City business license.

22. No massage business shall allow any person to reside within the massage business or in attached structures owned, leased or controlled by the massage business.

23. Other than custodial or maintenance staff, no persons shall be permitted within the premises of a body treatment business between the hours of 11:00 p.m. and 6:00 a.m.

F. Prohibited Designs and Improvements. No body treatment related establishment shall install, modify, or change any building, suite, or portion thereof with the following improvements:

1. Tinted or one way glass in any room or office.

2. No services shall be given in a business or premises licensed pursuant to this section within any cubicle, room, booth, or other area which is fitted with a door capable of being locked. This shall not apply to establishments owned or operated by one individual with one or no employees or independent contractors present. The premises’ exterior doors and any doors separating the waiting or reception area from the remainder of the premises shall remain unlocked during business hours. Electronic locking devices shall not be used.

3. No establishment or part thereof where services are being conducted shall be equipped with any device used, or capable of being used, for recording or videotaping, for monitoring the activities, conversation, or other sounds in the treatment room or room used by the patrons.

G. Location of Service. No body treatment services pursuant to this section may be performed in any location other than that location specified on the City business license.

H. Notification of Personnel Changes. Every business shall within 24 hours notify the City Manager or designee in writing of every change in personnel of technicians.

I. Premises—Inspection. A person operating a body treatment related business shall be responsible for and shall provide that all areas of the premises shall be readily accessible at all times. The entire premises shall be maintained in clean and sanitary condition and in good repair and shall be open to view in its entirety for inspection by any City official or any law enforcement officer.

J. Regulations to be Posted. A person operating a body treatment related business shall post and continuously keep posted a copy of this section along with any conditions of operation in a conspicuous place inside the premises.

K. Alcohol or Drugs Prohibited. A permittee, manager, or supervisory employee shall not permit any person to enter or remain in any part of a body treatment establishment while in the possession of, consuming or using any alcoholic beverage or controlled substance.

L. Certain Contact and Exposure Prohibited. No body treatment related service may include the rubbing, stroking, kneading or otherwise touching the genital or anal area of any patron at any time. In addition, the genitalia and female breast of any person shall be covered at all times while participating in any of the activities which a body treatment related establishment offers for hire.

M. Exemption. This section shall not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions:

1. Physicians, surgeons, chiropractors, acupuncturists, or osteopaths who are duly licensed to practice their respective professions in the State of California, while performing activities encompassed by such professional licenses.

2. Nurses or physical therapists that are duly licensed to practice their professions in the State of California, while performing activities encompassed by such professional licenses.

3. Exemptions from the requirements of this section provided to individuals holding certain occupational licenses from the State of California described in this subsection are not extended to employees, contractors, or any other personnel conducting massage or massage therapy, acupressure, and acupuncture unless they also possess occupational licenses exempt from the requirements of this chapter, or where otherwise specifically exempted under Section 4.12.090.

4. Manicurists, pedicurists, beauticians, cosmetologists, or aestheticians who are duly licensed by the State of California only when administering manicures or pedicures to seated customers or clients. Exempts massage of the hands or feet of a seated customer or client when conducted solely for the purposes of administering manicures or pedicures.

5. Barbers, hairdressers, beauticians, or cosmetologists who are duly licensed by the State of California only when administering hair cutting services, hair styling services, facial hair removal services, or applying facial make-up (non-permanent). Exempts massage above the neck of a seated customer or client when conducted solely for the purposes of administering hair cutting, hair styling, facial hair removal, or non-permanent make-up application to the face.

N. Existing Businesses. Any existing body treatment related business lawfully operating at the time of the effective date of the ordinance codified in this section shall be immediately subject to compliance with the provisions of this section. Such existing businesses shall be allowed a grace period of 180 days to reach full compliance with the provisions of this section.

O. Noncertified Individuals or Businesses. Each owner, operator, or technician of the business who is not state certified shall submit an application for a background check including, but not limited to, the following:

1. A nonrefundable application fee of $500.00 for each owner or manager, and $250.00 for each technician.

2. A certificate from a medical doctor stating that the applicant and each technician have, within 30 days immediately prior thereto, been examined and found to be free of any contagious or communicable disease.

3. A clear copy of a valid California Department of Motor Vehicle (DMV) driver’s license or identification card.

4. Any other information deemed necessary by the City Manager or designee.

P. Public Nuisance. It is unlawful and a public nuisance for a body treatment business to be operated, conducted, or maintained contrary to the provisions of this section. The City may exercise its discretion, in addition to or in lieu of prosecuting a criminal action, to commence proceedings for the abatement, removal, and enjoinment of that business in any manner provided by law.

Every person conducting, managing or carrying on any escort bureau shall first procure a permit and pay a nonrefundable application fee of $500.00. In addition, each individual escort shall complete a background investigation under the operating permit and pay a nonrefundable application fee of $200.00.

A. "Escort bureau," as used in this section, shall mean any business or premises or agency which, for a fee, commission, hire, reward, gratuity or profit, furnishes or offers to furnish escorts. An "escort" means any person who accompanies others to social affairs, entertainment, places of amusement, places of public resort or within any private quarters.

B. Permit Application. Every person who actively conducts, engages in, carries on or practices the business of an escort bureau shall file a separate, complete verified application, under penalty of perjury, for a permit with the City Manager. The application shall contain:

1. The name, home and business address, and home and business telephone number of the applicant and each escort;

2. The record of any conviction of the applicant and each escort (including a guilty plea) of any crime as a result of an arrest, citation or criminal complaint within a period of 10 years prior to the making of an application for a permit;

3. The fingerprints of the applicant and each escort in the manner prescribed by the Sheriff’s Department ;

4. Business, occupation or employment of the applicant and each escort for the 10 years immediately preceding the date of the application including the address, city and state, and the approximate dates where and when the applicant practiced a similar business, either alone or in conjunction with others, as well as whether any of these licenses have been revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation;

5. A certificate from a medical doctor stating that the applicant and each escort have, within 30 days immediately prior thereto, been examined and found to be free of any contagious or communicable disease;

6. A clear copy of a valid California Department of Motor Vehicle (DMV) identification card;

7. Any other information deemed necessary by the City Manager.

C. Plans Required. Every escort bureau shall provide a professionally prepared plot plan and floor plan in conjunction with the permit application showing the following information:

1. Plot plans shall be drawn to at least a one-eighth inch scale, showing all property boundary lines, building location(s), and off-street parking.

2. Floor plans shall include the location of all counters, equipment, partitions, sinks, plumbing, walls, electrical and any other alteration or improvement necessary for the operation of said business. The plans shall specify the type of all door lock devices.

D. Business Under Fictitious Names. The business may be carried on under a fictitious name in the manner provided by law if the name is recorded pursuant to the provisions of Section 17910 of the California Business and Professions Code.

E. Investigation. Upon the filing of the application, it shall be referred to the Los Angeles County Sheriff’s Department for an investigation, report, and recommendation. The investigation shall be conducted to verify the facts contained in the application and any supporting data. The report shall contain the recommendation of the Sheriff’s Department as to whether the applicant for a permit to conduct an escort bureau is of good moral character and reputation, the business is to be conducted at a suitable place, and whether the business is calculated or intended to be operated as a subterfuge for the conduct of an unlawful or immoral business and practice. The investigation shall be completed and a report and recommendation made in writing to the City Manager within 90 days after the filing of a complete application, unless the applicant requests or consents to an extension of the time period. If the report recommends denial of the permit to the applicant, the grounds for the recommended denial shall be set forth therein.

F. Notification of Personnel Changes. Every escort bureau shall within 24 hours notify the City Manager in writing of every change in personnel of escorts.

G. Employment of Persons Under 18 Years of Age Prohibited. A person conducting an escort bureau shall not employ as an escort any person under 18 years of age.

H. Restriction Concerning Customers Under Age 18. A person conducting an escort bureau shall not furnish any escort to or accept employment from, any patron, customer or person to be escorted who is under 18 years of age, except at the special instance and written request of the parent, guardian or other person in lawful custody of the person upon whose behalf the escort service is engaged.

I. Services—Sign Requirements. Every escort bureau shall post in a place clearly visible to a person entering the establishment, and in lettering not less than one-quarter inch, a sign containing the following information:

1. A description of each service available;

2. The price charged for each service;

3. The following language:

"Any person who disrobes and shows his or her genitals or any female who disrobes and exposes her breasts while participating in any of the activities which this establishment offers for hire violates the Walnut Municipal Code Section 4.12.100."

J. Records of Transactions—Requirements. Every person managing an escort bureau shall keep a record of every transaction showing:

1. The name of each escort employed, furnished or arranged for;

2. The name, address and telephone number of the patron or customer.

3. Such other information as the sheriff requires.

K. Records of Transactions—Availability. The records required by subsection J of this section shall be kept available by the permittee for a minimum of three years, open to the inspection of the sheriff, any one of his or her deputies, and of any police officer. The permittee shall deliver it to the sheriff upon his or her written request.

L. Manager—Permit Required. All escort bureaus shall have a responsible person on the premises to act as manager at all times during which the escort bureau is open. Such manager, if not the permittee, shall first procure a permit pursuant to this section as such manager. A person other than the permittee shall not be employed as or act as such manager until he or she has obtained the permit required by this section. All managers must be familiar with all regulations of this section, must cooperate with all City investigations, and be able to clearly communicate with any City official.

M. Regulations to be Posted. A person operating an escort bureau shall post and continuously keep posted a copy of this section along with any conditions of operation in a conspicuous place inside the premises.

N. Premises—Visibility. A person operating an escort bureau shall not permit conditions to exist, wherein the interior of the said escort bureau shall be visible from the outside of the premises. Any exterior modifications shall be subject to City approval.

O. Premises—Inspection. A person operating an escort bureau shall be responsible for and shall provide that all areas of the premises shall be readily accessible at all times. The entire premises shall be maintained in clean and sanitary condition and in good repair and shall be open to view in its entirety for inspection by any City official or any law enforcement officer.

P. Employee List. A person operating an escort bureau shall maintain a current file of all escorts employed by him or her or using the premises. This file shall contain true name and aliases used by the escort, age, birth date, height, weight, color of hair and eyes, home address, phone numbers, a copy of their Social Security card, a clear copy of a valid California Department of Motor Vehicles identification card, and the date of employment and termination. Inactive cards shall be maintained on the premises for the period of three years following termination. Such persons shall make all records available immediately upon demand of any City official.

Q. Display of Permit. A permittee shall display a permit issued pursuant to this section in a conspicuous location that is clearly visible from the front entrance. Each escort shall have, on the premises at all times, a valid California Department of Motor Vehicles (DMV) identification to be shown to any City official immediately upon request.

R. Alcohol or Drugs Prohibited. A permittee, manager, or supervisory employee shall not permit any person to enter or remain in any part of an escort bureau establishment while in the possession of, consuming or using any alcoholic beverage or drugs.

S. Permit Not Transferable. Any permit issued pursuant to this section may not be transferred. A new application is required.

T. Certain Contact and Exposure Prohibited. No escort service may include the rubbing, stroking, kneading or otherwise touching the genital area of any patron at any time. In addition, any person who disrobes and shows his or her private parts or any female who disrobes and exposes her breasts while participating in any of the activities which an escort bureau offers for hire violates Walnut Municipal Code Section 4.12.100.

U. Existing Escort Bureau Businesses. Any escort bureau business lawfully operating at the time of the effective date of this chapter shall be immediately subject to compliance with the provisions of this section. Such existing businesses shall be allowed a grace period of 120 days to reach full compliance with the provisions of this section.

Every person conducting, managing or carrying on any model studio shall first procure a permit and pay a nonrefundable application fee of $500.00.

A. "Model studio," as used in this section, shall mean any premises on which there is conducted the business of furnishing figure models who pose for the purpose of being observed or viewed by any person or of being sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted for persons who pay a fee or other consideration or compensation, or gratuity, for the right or opportunity so to depict the figure model, or for admission to, or for permission to remain upon, or as a condition of remaining upon the premises. Model studios do not include studios which are operated by any state college or public junior college, or school wherein the persons, firm, association, partnership or corporation operating it has met the requirements established in Division 21 of the Education Code for the issuance or conferring of, and is in fact authorized thereunder to issue confer, a diploma or honorary diploma and furnishes, provides, or procures figure models. "Figure models" means any person, male or female, who poses to be observed, viewed, sketched, painted, drawn, sculptured, photographed, or otherwise similarly depicted.

B. Permit Application. Every person who actively conducts, engages in, carries on, is a figure model or practices the business of a model studio shall file a separate complete, verified application, under penalty of perjury, for a permit with the City Manager. The application shall contain:

1. The name, home and business address, and home and business telephone number of the applicant and each model;

2. The record of any conviction of the applicant and each model (including a guilty plea) of any crime as a result of an arrest, citation or criminal complaint within a period of 10 years prior to the making of an application for a permit;

3. The fingerprints of the applicant and each model in the manner prescribed by the Sheriff’s Department;

4. Business, occupation or employment of the applicant and each model for the 10 years immediately preceding the date of the application including the address, city and state, and the approximate dates where and when the applicant practiced a similar business, either alone or in conjunction with others, as well as whether any of these licenses have been revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation;

5. A certificate from a medical doctor stating that the applicant and each model have, within 30 days immediately prior thereto, been examined and found to be free of any contagious or communicable disease;

6. A clear copy of a valid California Department of Motor Vehicle (DMV) identification card;

7. Any other information deemed necessary by the City Manager.

C. Plans Required. Every model studio shall provide a professionally prepared plot plan and floor plan in conjunction with the permit application showing the following information:

1. Plot plans shall be drawn to at least a one-eighth inch scale, showing all property boundary lines, building location(s), and off-street parking.

2. Floor plans shall include the location of all counters, equipment, partitions, sinks, plumbing, walls, electrical and any other alteration or improvement necessary for the operation of said business. The plans shall specify the type of all door lock devices.

D. Business Under Fictitious Names. The business may be carried on under a fictitious name in the manner provided by law if the name is recorded pursuant to the provisions of Section 17910 of the California Business and Professions Code.

E. Investigation. Upon the filing of the application, it shall be referred to the Los Angeles County Sheriff’s Department for an investigation, report, and recommendation. The investigation shall be conducted to verify the facts contained in the application and any supporting data. The report shall contain the recommendation of the Sheriff’s Department as to whether the applicant for a license to conduct a model studio is of good moral character and reputation, the business is to be conducted at a suitable place, whether the business is calculated or intended to be operated as a subterfuge for the conduct of an unlawful or immoral business and practice. The investigation shall be completed and a report and recommendation made in writing to the City Manager within 90 days after the filing of a complete application, unless the applicant requests or consents to an extension of the time period. If the report recommends denial of the permit to the applicant, the grounds for the recommended denial shall be set forth therein.

F. Notification of Personnel Changes. Every model studio shall within 24 hours notify the City Manager in writing of every change in personnel of models.

G. Employment of Persons Under 18 Years of Age Prohibited. A person conducting a model studio shall not employ as a model any person under 18 years of age.

H. Restriction Concerning Customers Under Age 18. A person conducting a model studio shall not furnish any model to or accept employment from, any patron, customer or person under 18 years of age, except at the special instance and request of the parent, guardian or other person in lawful custody of the person upon whose behalf the model is engaged.

I. Services—Sign Requirements. Every model studio shall post in a place clearly visible to a person entering the establishment, and in lettering not less than one-quarter inch, a sign containing the following information:

1. A description of each service available;

2. The price charged for each service;

3. The following language: "Any person who rubs, strokes, kneads or otherwise touches any model or patron while participating in any of the activities which this model studio establishment offers for hire violates Walnut Municipal Code Section 4.12.110."

J. Records of Transactions—Requirements. Every person managing a model studio shall keep a record of every transaction showing:

1. The name of each model employed, furnished or arranged for;

2. The name, address and telephone number of the patron or customer;

3. Such other information as the sheriff requires.

K. Records of Transactions—Availability. The records required by subsection J of this section shall be kept available by the permittee for a minimum of three years, open to the inspection of the sheriff, any one of his or her deputies, and of any police officer. The permittee shall deliver it to the sheriff upon his or her written request.

L. Manager—Permit Required. All model studios shall have a responsible person on the premises to act as manager at all times during which the model studio is open. Such manager, if not the permittee, shall first procure a permit pursuant to this section as such manager. A person other than the permittee shall not be employed as or act as such manager until he/she has obtained the permit required by this section. All managers must be familiar with all regulations of this section, must cooperate with all City investigations, and be able to clearly communicate with any City official.

M. Regulations to Be Posted. A person operating a model studio shall post and continuously keep posted a copy of this section, along with any conditions of operation in a conspicuous place inside the premises.

N. Premises—Visibility. A person operating a model studio shall not permit conditions to exist, wherein the interior of the said model studio shall be visible from the outside of the premises. Any exterior modifications shall be subject to City approval.

O. Premises—Inspection. A person operating a model studio shall be responsible for and shall provide that any room or area for the purpose of figure modeling shall be readily accessible at all times. The entire premises shall be maintained in clean sanitary conditions and in good repair and shall be opened to view in its entirety for inspection by any City official or any law enforcement officer.

P. Employee List. A person operating a model studio shall maintain a current file of all figure models employed by him or her or using the premises. This file shall contain true name and aliases used by the figure model, their age, birth date, height, weight, color of hair and eyes, home address, phone numbers, a copy of their Social Security card, a clear copy of a valid California DMV identification card and the date of employment and termination. Inactive cards shall be maintained on the premises for the period of three years following termination. Such persons shall make all records available immediately upon demand of any City official.

Q. Display of Permit. An applicant shall display a permit issued pursuant to this section in a conspicuous location that is clearly visible from the front entrance. Each figure model shall have, on the premises at all times, a valid California Department of Motor Vehicles (DMV) identification to be shown to any City official immediately upon request.

R. Permit not Transferable. Any permit issued pursuant to this section may not be transferred. A new application is required.

S. Alcohol or Drugs Prohibited. A permittee, manager, or supervisory employee shall not permit any person to enter or remain in any part of a model studio establishment while in the possession of, consuming or using any alcoholic beverage or drugs.

T. Certain Contact and Exposure Prohibited. No modeling activity may include the rubbing, stroking, kneading or otherwise touching any model or patron at any time.

U. Existing Model Studio Businesses. Any model studio business lawfully operating at the time of the effective date of the ordinance codified in this section shall be immediately subject to compliance with the provisions of this section. Such existing businesses shall be allowed a grace period of 120 days to reach full compliance with the provisions of this section.

A. Definitions.

1. As used in this section "compensation" includes expenses, interest disbursements, storage charges, and all other charges of any nature in connection with a loan or forbearance.

2. As used in this section "pawnbroker" includes every person engaged in the business of receiving goods, including motor vehicles, in pledge as security for a loan.

3. As used in this section "pledged property" is property held as security for a loan, the title to which remains with the pledgor and has not passed to the pawnbroker pursuant to subsection V of this section.

4. As used in this section “receiving goods as security for a loan” does not include a good faith purchase of goods.

5. As used in this section "tangible personal property" includes, but is not limited to, all secondhand tangible personal property which bears a serial number or personalized initials or inscription or which, at the time it is acquired by the secondhand dealer, bears evidence of having had a serial number or personalized initials or inscription.

6. "Tangible personal property" also includes, but is not limited to, the following:

a. All tangible personal property, new or used, including motor vehicles, received in pledge as security for a loan by a pawnbroker.

b. All tangible personal property that bears a serial number or personalized initials or inscription which is purchased by a secondhand dealer or a pawnbroker or which, at the time of such purchase, bears evidence of having had a serial number or personalized initials or inscription.

c. All personal property commonly sold by secondhand dealers which statistically is found through crime reports to the Attorney General to constitute a significant class of stolen goods. A list of such personal property is supplied by the Attorney General to all local law enforcement agencies.

7. As used in this section "tangible personal property" does not include any new goods or merchandise purchased from a bona fide manufacturer or distributor or wholesaler of such new goods or merchandise by a secondhand dealer. For the purposes of this section, however, a secondhand dealer shall retain for one year from the date of purchase, and shall make available for inspection by any law enforcement officer, any receipt, invoice, bill of sale or other evidence of purchase of such new goods or merchandise.

8. As used in this section "tangible personal property" does not include coins, monetized bullion, or commercial grade ingots of gold, silver, or other precious metals. "Commercial grade ingots" means 0.99 fine ingots of gold, silver, or platinum, or 0.925 fine sterling silver art bars and medallions, provided that the ingots, art bars, and medallions are marked by the refiner or fabricator as to their assay fineness.

9. As used in this section "vested property" is property the title to which has been transferred from the pledgor to the pawnbroker pursuant to subsection V of this section. Vested property is not pledged property.

B. It is unlawful for any person to engage in the business of pawnbroker, as defined herein without first obtaining a business permit as provided in this section.

C. Licensing.

1. The sheriff shall accept an application for a business permit and process and review the application. The City Council may grant a business permit to an applicant who has not been convicted of an attempt to receive stolen property or any other offense involving stolen property. Prior to the granting of a permit, the City Council shall submit the application to the Department of Justice. If the Department of Justice does not comment on the application within 30 days thereafter, the City Council may grant the applicant a permit. All forms for application and licensure, and license renewal, shall be prescribed and provided by the Department of Justice. A fee may be charged to the applicant as specified by the Department of Justice and the City Council for processing the initial permit application.

2. For the purposes of this section, "convicted" means a plea or verdict of guilty or a conviction following a plea of nolo contendere.

3. Notwithstanding paragraphs 1 and 2 above, no person shall be denied a pawnbroker’s permit solely on the grounds that he or she violated any provision contained in this section, unless the violation demonstrates a pattern of conduct.

4. Any person licensed as a firearms dealer pursuant to Section 12071 of the Penal Code, who is conducting business at gun shows or events pursuant to subparagraph (B) of paragraph (1) of subdivision (b) of Section 12071 of the Penal Code, and who has a valid pawnbroker license granted by the appropriate local authorities in the jurisdiction where the firearms dealer license has been granted, shall be authorized to conduct business as a pawnbroker at any gun show or event, as defined in Section 178.100 of Title 27 of the Code of Federal Regulations, or its successor, without regard to the jurisdiction within this state that issued the pawnbroker license pursuant to paragraph 1 of this subsection. No additional fees or separate pawnbroker license shall be required by any agency having jurisdiction over the locality where the gun show or event is conducted. However, the person shall otherwise be subject to, and comply with, the requirements of this section when he or she acts as a pawnbroker at the gun show or event to the same extent as if he or she were licensed as a pawnbroker in the jurisdiction in which the gun show or event is being conducted.

D. A permit granted pursuant to subsection C of this section shall be renewable the second year from the date of issue, and every other year thereafter, upon the filing of a renewal application and the payment of a permit renewal fee specified by the City Council. The Department of Justice may also charge a fee of not more than $12.00 but not to exceed the actual processing costs of the Department. After the Department establishes a fee sufficient to reimburse the Department for processing costs, the fee charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustments for the Department’s budget. The City Council shall collect the fee and transmit the fee and a copy of the renewed permit to the Department of Justice.

E. The permit shall be subject to forfeiture by the City Council and the licensee’s activities as a pawnbroker shall be subject to being enjoined pursuant to subsection NN of this section for breach of any of the following conditions:

1. The business shall be carried on only at the location designated on the license. The license shall designate all locations where property belonging to the business is stored. Property of the business may be stored at locations not designated on the license only with the written consent of the local City Council.

2. The license or a copy thereof, certified by the City Council, shall be displayed on the premises in plain view of the public.

3. The licensee shall not engage in any act, which the licensee knows to be in violation of this section.

4. The licensee shall not be convicted of an attempt to receive stolen property or any other offense involving stolen property. For the purposes of this paragraph, "convicted" means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action which the sheriff is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code.

F. Notwithstanding subsections D and E of this section, no person shall have his or her renewal application for a pawnbrokers license denied, nor shall his or her pawnbroker’s license be forfeited solely on the grounds that he or she violated any provision contained in this section, unless the violation demonstrates a pattern of conduct.

G. As a condition precedent to the issuance or renewal of a pawnbroker’s license the applicant shall file a pawnbrokers two-year non-revocable surety bond with the City Council, in the sum of $20,000.00. The pawnbroker’s bond required by this section shall be executed by an admitted surety in favor of the State of California and shall be filed by the applicant with the City Council. The bond shall be for the benefit of pledgors of pledged property when the property is not available for redemption, due to the criminal negligence, criminal malfeasance, or other criminal conduct of the pawnbroker, and the pledgor has complied with the conditions precedent to redemption under the terms of the loan contract. The pledgor has the burden of establishing by clear and convincing evidence that all conditions precedent to redemption under the terms of the loan contract have been performed.

H. As a condition precedent to the issuing of a pawnbroker’s license, the applicant shall file with the issuing authority a financial statement confirming that the applicant has at least $100,000.00 in the form of liquid assets readily available for use in each licensed business for which the application is made, not including real property, or, in the absence of $100,000.00, an applicant may post a non-revocable surety bond in the amount of $100,000.00 or the applicant may, in lieu of posting a surety bond, deposit money, certificates, accounts, bonds, or notes, as provided in Section 995.710 of the Code of Civil Procedure. The financial statement shall be filed by the applicant under penalty of perjury and signed by a California certified public accountant verifying that he or she has reviewed the financial statement.

I. A license issued pursuant to this chapter shall not be transferred or assigned.

J. Pawnbrokers operating under a license issued pursuant to this section are required to conform to all other requirements of pawnbrokers for which a license is required under Sections 21641 and 21642 of the Business and Professions Code.

K. Every pawnbroker shall report daily, or on the first working day after receipt or purchase of the property, on forms either approved or provided at actual cost by the Department of Justice, all tangible personal property which he or she has purchased, taken in trade, taken in pawn, accepted for sale on consignment, to the sheriff, in accordance with the provisions of subsections O and Q of this section. The report shall be legible, prepared in English, completed where applicable, and include, but not be limited to, the following information:

1. The name and current address of the intended seller or pledgor of the property.

2. The identification of the intended seller or pledgor. The identification of the seller or pledgor of the property shall be verified by the person taking the information. The verification shall be valid if the person taking the information reasonably relies on any one of the following documents, provided that the document is currently valid or has been issued within five years and contains a photograph or description, or both, of the person named on it, is signed by the person, and bears a serial or other identifying number:

a. A passport of the United States.

b. A driver’s license issued by any state, or Canada.

c. An identification card issued by any state.

d. An identification card issued by the United States.

e. A passport from any other country in addition to another item of identification bearing an address.

3. A complete and reasonably accurate description of serialized property, including, but not limited to, the following: serial number and other identifying marks or symbols, owner-applied numbers, manufacturer’s named brand, and model name or number. Watches need not be disassembled when special skill or special tools are required to obtain the required information, unless specifically requested to do so by a peace officer. A special tool does not include a penknife, caseknife, or similar instrument and disassembling a watch with a penknife, caseknife, or similar instrument does not constitute a special skill. In all instances where the required information may be obtained by removal of a watchband, then the watchband shall be removed. The cost associated with opening the watch shall be borne by the pawnbroker or customer.

4. A complete and reasonably accurate description of nonserialized property, including, but not limited to, the following: size, color, material, manufacturer’s pattern name (when known), owner-applied numbers and personalized inscriptions and other identifying marks or symbols. Watches need not be disassembled when special skill or special tools are required to obtain the required information, unless specifically requested to do so by a peace officer. A special tool does not include a penknife, caseknife, or similar instrument and disassembling a watch with a penknife, caseknife, or similar instrument does not constitute a special skill. In all instances where the required information may be obtained by removal of a watchband, then the watchband shall be removed. The cost associated with opening the watch shall be borne by the pawnbroker or customer.

5. A certification by the intended seller or pledgor that he or she is the owner of the property or has the authority of the owner to sell or pledge the property.

6. A certification by the intended seller or pledgor that to his or her knowledge and belief the information is true and complete.

7. A legible fingerprint taken from the intended seller or pledgor, as prescribed by the Department of Justice. This requirement does not apply to a coin dealer, unless required pursuant to local regulation.

8. When a pawnbroker complies with all of the provisions of this section, he or she shall be deemed to have received from the seller or pledgor adequate evidence of authority to sell or pledge the property for all purposes included in this section.

9. Any person who conducts business as a pawnbroker at any gun show or event, as defined in Section 178.100 of Title 27 of the Code of Federal Regulations, or its successor, outside the jurisdiction that issued the secondhand dealer license in accordance with subdivision (d) of Section 21641 of the Business and Professions Code, may be required to submit a duplicate of the transaction report prepared pursuant to this section to the local law enforcement agency where the gun show or event is conducted.

L. Notwithstanding subsection K of this section, except for firearms, submission of transaction reports are not required to be submitted to the local law enforcement agency if the report of an acquisition of the same property from the same customer has been submitted within the preceding 12 months, except when submission of the reports is specifically requested in writing by the local City Council.

M. The provisions of this section shall not apply to any tangible personal property which has been:

1. Acquired from another pawnbroker; provided the pawnbroker selling or trading the tangible personal property states in writing under penalty of perjury, along with a description of the property, on an interdealer transfer form or an itemized bill of sale, that the report or reports required by this section have been properly made and submitted by that dealer. A copy of the form or the itemized bill of sale shall be delivered to the acquiring dealer at the time the transaction occurs. Interdealer transfer forms shall be provided at actual cost by the Department of Justice.

The dealers involved in the transaction shall retain their copy of the interdealer transfer form or itemized bill of sale for a period of three years as a matter of record, and shall make them available for inspection by any law enforcement officer.

2. Acquired in a nonjudicial sale, transfer, assignment, assignment for the benefit of creditors, or consignment of the assets or stock in trade, in bulk, or a substantial part thereof, of an industrial or commercial enterprise for purposes of voluntary dissolution or liquidation of the seller’s business, or for the purpose of disposing of an excessive quantity of personal property; or which has been acquired in a nonjudicial sale or transfer from an owner of his or her entire household of personal property, or a substantial part thereof; provided, the secondhand dealer retains in his or her place of business for a period of three years a copy of the bill of sale, receipt, inventory list, or other transfer document as a matter of record which shall be made available for inspection by any law enforcement officer, and provided further, that the secondhand dealer notifies the Chief of Police or the sheriff that exemption from reporting is being claimed under this section. "Industrial or commercial enterprise" and "owner" as used in this section do not include a secondhand dealer;

3. Acquired in a sale made by any public officer in his or her official capacity, trustee in bankruptcy, executor, administrator, receiver, or public official acting under judicial process or authority, or which has been acquired in a sale made upon the execution of, or by virtue of, any process issued by a court, or under the provisions of Division 7 (commencing with Section 7101) of the Commercial Code;

4. Acquired as the surplus property of the United States government or of a state, city, county, city and county, municipal corporation, or public district and which after requisition or acquisition by the United States government or by a state, city, county, city and county, municipal corporation, or public district has never thereafter been sold at retail; and

5. Reported by a secondhand dealer as an acquisition or a purchase, or which has been reported as destroyed or otherwise disposed of (a) to a state agency by the authority of any other law of this state; or (b) to a city, county, or city and county officer or agency by the authority of any other law of this state or a city, county, or city and county ordinance.

6. Acquired by persons, firms, partnerships, or corporations who buy, sell, or trade precious metals, whether in the form of coins or commercial grade ingots, who: (a) are designated contract markets by or registered with the Commodity Futures Trading Commission under the Federal Commodities Exchange Act and acting pursuant thereto; or (b) infrequently conduct their business directly with members of the general public. As used in this subsection, "infrequently" means occasional and without regularity.

N. Notwithstanding subsection M above, the provisions of this section shall apply to any tangible personal property which has been acquired by a pawnbroker with the understanding or expectation that such property would later be reacquired by the transferor or an agent thereof.

O. The report shall be submitted to the sheriff or designee, by mail unless otherwise agreed upon by the pawnbroker and the sheriff or designee.

P. Notwithstanding any other provisions of law, all tangible personal property that is found in the shop of a pawnbroker doing business under a California secondhand dealer’s license, shall be reported as required under paragraphs 3 and 4 of subsection K, including any additional information required by subsection K that is known by the reporting person, and shall be held as required under subsection S on forms as required under subsection Q. If no claim is made for the property for a period of 60 days after it is reported, the pawnbroker may treat the property as property regularly acquired in the due course of business.

Q. The report forms approved by the Department of Justice shall consist of not less than an original and two copies. The Department of Justice shall not require the report form to consist of more than an original and two copies when the forms are obtained from a source other than the Department. The Department of Justice shall allow the use of forms which are compatible with computerization. The original and the duplicate copy shall be submitted by the pawnbroker in accordance with the provisions of subsections K and O of this section. One copy shall be retained by the pawnbroker in his or her place of business for a period of three years and shall be made available for inspection by any law enforcement officer.

R. The sheriff who receives a report on a form filed pursuant to the provisions of this section shall daily submit the original to the Department of Justice.

S. Every pawnbroker shall retain in his or her possession for a period of 30 days all tangible personal property reported under subsections K, M, and O of this section. The 30-day holding period with respect to this tangible personal property shall commence with the date the report of its acquisition was made to the Chief of Police or to the sheriff by the pawnbroker and coin dealer. The Chief of Police or the sheriff may for good cause, as specified by the Department of Justice, authorize prior disposition of any such property described in a specific report, provided that a pawnbroker who disposes of tangible personal property pursuant to that authorization shall report the sale thereof to the Chief of Police or the sheriff.

1. During the 30-day holding period specified in this subsection, every pawnbroker and coin dealer shall produce any tangible personal property reported under subsections K, M, and O of this section for inspection by any peace officer or employee designated by the Chief of Police or sheriff.

2. Property subject to inspection as specified in paragraph 1 above and property held in pawn, which is stored off the business premises of the licensee, shall, upon request for inspection, be produced at the licensee’s business premises within one business day of a request.

3. Any person who conducts business as a pawnbroker at any gun show or event, as defined in Section 178.100 of Title 27 of the Code of Federal Regulations, or its successor, outside the jurisdiction that issued the pawnbroker license in accordance with paragraph (C)(4) of this section, may be required to submit for inspection, as specified in paragraph 1 of this subsection, any firearm acquired at a gun show or event within 48 hours of the request of the local law enforcement agency in the jurisdiction where the gun show or event was conducted at a location specified by the local law enforcement agency.

T. Whenever any peace officer has probable cause to believe that property, except coins, monetized bullion, or "commercial grade ingots" as defined in paragraph 8 of subsection A of this section, in the possession of a pawnbroker is stolen, the peace officer may place a hold on the property for a period not to exceed 90 days. When a peace officer places a hold on the property, the peace officer shall give the pawnbroker a written notice at the time the hold is placed, describing the item or items to be held. During that period the pawnbroker 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. A pawnbroker shall not be subject to civil liability for compliance with this section.

1. Whenever property that is in the possession of a pawnbroker, whether or not the property has been placed on hold, is required by a peace officer in a criminal investigation, the pawnbroker upon reasonable notice, shall produce the property at reasonable times and places or may deliver the property to the peace officer upon the request of any peace officer.

2. Whenever a law enforcement agency has knowledge that property in the possession of a pawnbroker has been reported as lost or stolen, the law enforcement agency shall notify in writing the person who reported the property as lost or stolen of the following:

a. The name, address, and telephone number of the pawnbroker who reported the acquisition of the property.

b. That the law neither requires nor prohibits payment of a fee or any other condition in return for the surrender of the property, except that when the person who reported the property lost or stolen does not choose to participate in the prosecution of an identified alleged thief, the person shall pay the pawnbroker the "out-of-pocket" expenses paid in the acquisition of the property in return for the surrender of the property.

c. That if the person who reported the property as lost or stolen takes no action to recover the property from the pawnbroker within 60 days of the mailing of the notice, the pawnbroker, may treat the property as other property received in the ordinary course of business. During the 60-day notice period, the pawnbroker may not release the property to any person.

d. That a copy of the notice, with the address of the person who reported the property as lost or stolen deleted, will be mailed to the pawnbroker who is in possession of the property.

3. When property that is in the possession of a pawnbroker is subject to a hold as provided in this subsection, 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 release the hold on the property. When the law enforcement agency has knowledge that the property has been reported lost or stolen, the law enforcement agency shall then make notification to the person who reported the property as lost or stolen pursuant to paragraph 2 of this subsection.

4. If a pledgor seeks to redeem property that is subject to a hold, the pawnbroker shall advise the pledgor of the name 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.

5. Whenever information regarding allegedly lost or stolen property is entered into the Department of Justice automated property system or automated firearms system, and the property is thereafter identified and found to be in the possession of a pawnbroker and the property is thereafter placed on a hold pursuant to this subsection and the hold, including any additional hold, is allowed to lapse, or 60 days elapse following the delivery of the notice required to be given by this subsection to the person who reported the property to be lost or stolen without a claim being made by that person, whichever is later, the pawnbroker may mail under a certificate of mailing issued by the United States Post Office, addressed to the law enforcement agency that placed the property on hold, a written request to delete the property listing from the Department of Justice automated property system or automated firearms system, as is applicable. Within 30 days after the request has been mailed, the law enforcement agency shall either cause the property listing to be deleted as requested or place a hold on the property. If no law enforcement agency takes any further action with respect to the property within 45 days after the mailing of the request, the pawnbroker may presume that the property listing has been deleted as requested and may thereafter deal with the property accordingly, and shall not be subject to liability arising from the failure of the removal of the property listing from the Department of Justice automated property system or automated firearms system.

6. Nothing in this subsection shall be construed to alter the authority of a peace officer to seize property pursuant to any other provision of statutory or case law.

U. Charges.

1. Except as otherwise provided in this chapter, no pawnbroker shall charge or receive compensation at a rate exceeding the sum of the following:

a. Two and one-half percent per month on that portion of the unpaid principal balance of any loan up to, including, but not in excess of $225.00.

b. Two percent per month on that portion of the unpaid principal balance of the loan in excess of $225.00 up to, including, but not exceeding $900.00.

c. One and one-half percent per month on that part of the unpaid principal balance in excess of $900.00 up to and including, but not in excess of $1,650.00.

d. One percent per month on any remainder of such unpaid principal balance in excess of $1,650.00.

e. A charge not exceeding one dollar a month on any loan when the monthly charge permitted by this subsection would otherwise be less than such minimum charge.

2. One month’s interest may be charged for any part of the month in which pawned property is redeemed.

3. A loan setup fee not to exceed two dollars may be charged for each loan, in addition to any other allowed charges.

4. A pawnbroker may charge as prescribed in the following schedule:

a. A charge not exceeding one dollar may be made on any loan for not more than 30 days which does not exceed $14.99.

b. A charge not exceeding three dollars may be made on any loan for not more than 90 days of $15.00 but not exceeding $19.99.

c. A charge not exceeding four dollars may be made on any loan for not more than 90 days of $20.00 or more, but not exceeding $24.99.

d. A charge exceeding five dollars may be made on any loan for not more than 90 days of $25.00 or more, but not exceeding $39.99.

e. A charge not exceeding six dollars may be made on any loan for not more than 90 days of $40.00 or more, but not exceeding $49.99.

f. A charge not exceeding $7.50 may be made on any loan for not more than 90 days on any loan of $50.00 or more, but not exceeding $64.99.

g. A charge not exceeding $8.50 may be made on any loan for not more than 90 days of $65.00 or more, but not exceeding $74.99.

h. A charge not exceeding $10.00 may be made on any loan for not more than 90 days of $75.00 or more, but not exceeding $99.99.

i. A charge not exceeding $12.50 may be made on any loan for not more than 90 days of $100.00 or more, but not exceeding $124.99.

j. A charge not exceeding $13.50 may be made on any loan for not more than 90 days of $125.00 or more, but not exceeding $149.99.

k. A charge not exceeding $15.00 may be made on any load for not more than 90 days of $150.00 or more, but not exceeding $224.99.

l. A charge not exceeding $20.00 may be made on any loan for not more than 90 days of $225.00 or more, but not exceeding $324.99.

m. A charge not exceeding $25.00 may be made on any loan for not more than 90 days of $325.00 or more, but not exceeding $449.99.

n. A charge not exceeding $35.00 may be made on any loan for not more than 90 days of $450.00 or more, but not exceeding $599.99.

o. A charge not exceeding $45.00 may be made on any loan for not more than 90 days of $600.00 or more, but not exceeding $799.99.

p. A charge not exceeding $55.00 may be made on any loan for not more than 90 days of $800.00 or more, but not exceeding $999.99.

q. A charge not exceeding $70.00 may be made on any loan for not more than 90 days of $1,000.00 or more, but not exceeding $1,199.99.

r. A charge not exceeding $85.00 may be made on any loan for not more than 90 days of $1,200.00 or more, but not exceeding $1,499.99.

s. A charge not exceeding $100.00 may be made on any loan for not more than 90 days of $1,500.00 or more, but not exceeding $1,799.99.

t. A charge not exceeding $120.00 may be made on any loan for not more than 90 days of $1,800.00 or more, but not exceeding $2,099.99.

u. A charge not exceeding $140.00 may be made on any loan for not more than 90 days of $2,100.00 or more, but not exceeding $2,499.99.

v. The charge for any extension or renewal of a loan covered by this subsection shall be computed in accordance with the provisions of Section 21200 of the Business and Professions Code.

5. The schedule of charges prescribed by this subsection shall be posted in a place clearly visible to the general public.

6. In addition to other allowed charges, a pawnbroker may collect at the time the property is redeemed a handing and storage charge for each article pawned. Irrespective of the duration of time that an article is held in pledge, the maximum amount that may be charged pursuant to this subsection is in accordance with the following schedule:

a. Three dollars for any article that cannot be contained within one cubic foot.

b. Nine dollars for any article that cannot be contained within three cubic feet.

c. Eighteen dollars for any article that cannot be contained within six cubic feet.

d. One dollar for each additional cubic foot, in excess of six cubic feet, required to contain the car, boat, trailer, motorcycle, truck, or recreational vehicle.

7. No additional charge is allowed for any article that can be contained within one cubic foot.

8. For purposes of this subsection, cubic feet shall be determined by multiplying the width of an article, at its greatest width, by the depth of an article, at its greatest depth, by the height of an article, at its greatest height.

9. The maximum charge of compensation charged by a pawnbroker pursuant to the authority of this subsection shall be posted in a place clearly visible to the general public.

10. In addition to other allowed charges, a pawnbroker may collect a processing charge of four dollars for each firearm pawned.

11. Whenever a pledger, or his or her assignee, loses a pawn ticket, a fee of not to exceed $10.00 may be charged for services of verifying the identification of the claimant, fingerprinting the claimant, and having the claimant execute a declaration under penalty of perjury.

12. If the pledgor fails to redeem any pawned item during the loan period, thereby obliging the pawnbroker to mail the notice required under subsection V of this section, the pawnbroker may charge a fee of up to two dollars for services and costs pertaining to the preparation of the notice, in addition to any other allowed charges.

V. Every loan made by a pawnbroker for which goods are received in pledge as security shall be evidenced by a written contract, a copy of which shall be furnished to the borrower. The loan contract shall provide a four-month loan period, shall set forth the loan period and the date on which the loan is due and payable, and shall clearly inform the borrower of his or her right to redeem the pledge during the loan period.

1. Every loan contract shall contain the following notice, in at least 8-point bold face type and circumscribed by a box, immediately above the space for the borrower’s signature:

You may redeem the property you have pledged at any time until the close of business on ____________ (fill in date four months from date loan begins). To redeem, you must pay the amount of the loan and the applicable charges which have accrued through the date on which you redeem.

2. Every pawnbroker shall retain in his or her possession every article pledged to him or her for a period of four months. During such period the borrower may redeem the articles upon payment of the amount of the loan and the applicable charges.

3. If any pledged article is not redeemed during the four-month loan period as provided herein, and the borrower and pawnbroker do not mutually agree in writing to extend the loan period, the pawnbroker shall notify the borrower within 30 days after expiration of the loan period. If the pawnbroker fails to notify the borrower within 30 days after the expiration of the loan period, the pawnbroker shall not charge interest from the day after the expiration of the 30-day period. The pawnbroker shall notify the borrower either by registered mail, or by certified mail, or by regular mail for which a certificate of mailing is issued by the United States Postal Service addressed to his or her last known address of the termination of the loan period, and extending the right of redemption, during posted business hours, for a period of 10 days from date of mailing of that notice. The 10-day notice shall include a statement that: "If the tenth day falls on a day when the pawnshop is closed, the time period is extended to the next day that the pawnshop is open."

4. However, the posted schedule of charges required pursuant to subsection U of this section shall contain a notice informing the borrower that if he or she desires, the pawnbroker shall send the notice of termination of the loan period by registered or certified mail with return receipt requested, upon prepayment of the mailing costs. If any pledged article is not redeemed within the 10-day notice period, the pawnbroker shall become vested with all right, title, and interest of the pledgor, or his or her assigns, to the pledged article, to hold and dispose of as his or her own property. Any other provision of law relating to the foreclosure and sale of pledges shall not be applicable to any pledge the title to which is transferred in accordance with this section. The pawnbroker shall not sell any article of pledged property until he or she has become vested with the title to that property pursuant to this section. The sale of pledged property is a misdemeanor pursuant to subsection MM of this section.

W. The written contract required pursuant to subsection V of this section shall contain a provision in 8-point type stating whether the item or items pledged are to be stored at the business premises of the pawnbroker.

1. Every pawnbroker shall display a sign at his or her premises indicating whether or not pawned items are insured.

2. Notwithstanding subsection MM of this section, a violation of this section is an infraction.

X. A pledgor may request, and a pawnbroker may consent to, a new loan to take effect upon or at any time after the expiration of the loan period stated in the original loan contract delivered to the pledgor under subsection V of this section. The pledgor shall pay in cash all of the charges and interest due under the original loan, and the remaining unpaid balance of the actual amount borrowed under the original loan shall be debited to the new loan on which the same article or articles are pledged. The loan to which the debit is applied shall be processed as a new loan and shall be deemed to be a new loan subject to loan origination fees, storage fees, and minimum fees when applicable. The new loan contract required by Section 21201 of the Business and Professions Code shall disclose the amount of the original loan that is debited to the new loan.

Y. Every pawnbroker shall enter at the time of the transaction, in records of loans and pledges kept by him or her for that purpose, the date, duration, amount, and rate of interest or charges of every loan made by him or her, a reasonably accurate description of the property pledged, the name and residence address of the pledgor. Every pawnbroker shall deliver to the pledgor a written copy of such entry. Such written copy need not include the name and address of the pledgor.

Z. Any property held in pawn which is not subject to a hold pursuant to Section 21647 of the Business and Professions Code shall be returned to the pledger immediately upon redemption of the loan. However, if the property is stored off the business premises of the licensee, the property shall be returned within one business day of a request for redemption of the loan.

AA. Every pawnbroker, upon redemption of a loan contract, shall provide the borrower with a receipt that correctly states in detail all of the fees, charges, and compensation paid by the borrower to the pawnbroker.

BB. Every pawnbroker shall produce his or her records of loans and all pledged property, for inspection by the following persons:

1. Any officer holding a warrant authorizing him or her to search for personal property.

2. Any peace officer or employee designated by the Chief of Police or sheriff.

3. Any officer holding a court order directing him or her to examine such records or pledged property.

CC. Whenever any property is taken from a pawnbroker by a peace officer which is alleged to be stolen property, the police officer shall give the pawnbroker a receipt for the property which shall contain a description of the property, the reason for seizure, and the names of the pawnbroker and the officer.

DD. Notwithstanding the provisions of Chapter 12 (commencing with Section 1407) of Title 10 of Part 2 of the Penal Code, whenever property alleged to have been stolen or embezzled is taken from a pawnbroker, the peace officer, magistrate, court, clerk, or other person having custody of the property shall not deliver the property to any person claiming ownership unless the provisions of this section are complied with.

1. If any person makes a claim of ownership, the person having custody of the property shall notify the pawnbroker.

2. If the pawnbroker makes no claim with respect to the property within 10 days of such notification, the property may be disposed of as otherwise provided by law.

3. If property alleged to have been stolen or embezzled is taken from a pawnbroker, prior to any disposal of the property pursuant to Section 1411 of the Penal Code, the notice to be given to the owner and owner of a security interest pursuant to Section 1411 shall be given to the pawnbroker. Such property shall not be disposed of pursuant to Section 1411 until three months after such notice has been given.

4. A pawnbroker shall not be liable to any person for any property seized from the pawnbroker on account of the pawnbroker’s inability to return the property to that person because of the seizure.

EE. No licensed pawnbroker shall promise any seller of tangible personal property that the seller may repurchase property sold to the pawnbroker.

FF. Subsection S of this section, insofar as it applies to holding periods for personal property, is not applicable to personal property pledged to a pawnbroker with respect to the redemption of personal property by the pledgor.

GG. It is unlawful for any person, who is required to be licensed under subsection B of this section, to publicly advertise any matter relating to the business for which the license is required without including the license number.

HH. No pawnbroker shall receive anything in pledge from any person who is a minor.

II. It is unlawful for any person who is not duly licensed under this section to act as a pawnbroker or represent himself, herself, or a business entity to be a pawnbroker or a pawnbrokerage business entity.

JJ. It is unlawful for any person to advertise his or her services as a pawnbroker, or to use any words or parts of words in any advertisements that connote a transaction involving the taking of tangible personal property as security for a loan unless the pawnbroker’s license number is clearly displayed in the advertisement.

KK. This chapter does not apply to any of the following:

1. Any corporation organized for the purpose of securing credit from any federal intermediate credit bank organized and existing pursuant to the provisions of an act of Congress entitled "Agricultural Credits Act of 1923."

2. Any nonprofit cooperative corporation or association with or without capital stock, organized or existing pursuant to the provisions of Chapter 4, Division 6 of the Agricultural Code.

3. Any person, corporation, association, syndicate, joint stock company, or partnership, engaged exclusively in the business of marketing agricultural, horticultural, viticultural, dairy, livestock, poultry, and bee products on a cooperative non-profit basis.

LL. The limitations with respect to rates and charges set forth in subsection U of this section do not apply to any loan of a bona fide principal amount of $2,500.00 or more if this section is not used for the purpose of evading this chapter. In determining whether a loan is a loan of the principal amount of $2,500.00, Section 22054 of the Business and Professions Code shall apply.

MM. A violation of any provision of this section under circumstances where a person knows or should have known that a violation was being committed is a misdemeanor punishable as follows:

1. For the first offense, a fine of up to $1,500.00 or imprisonment in the County Jail up to two months, or both.

2. For the second offense, a fine of up to $5,000.00 or imprisonment in the County Jail up to four months, or both.

3. For the third, and any subsequent offense, a fine of up to $25,000.00 or imprisonment in the County Jail up to six months, or both.

NN. The district attorney or the Attorney General, in the name of the people of the State of California, may bring an action to enjoin the violation or the threatened violation of any provision of this section or of any regulation made pertaining to the provisions of this section. Any proceeding brought hereunder shall be governed in all respects by the provisions of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure.

Child related businesses include, but are not limited to, tutoring and learning centers, martial arts, gymnastics, dance, art, and music studios that provide, individual, semi-individual or specialized instruction to children under the age of 18 in the fields of general education, recreation, or the arts and not otherwise licensed by the State as a public or private school or day care facility, or operated by a governmental or quasi-governmental agency, subject to the following criteria:

A. Background Investigation Requirements. It is the responsibility and obligation of each business owner to provide and maintain on file at the business location, a background investigation that includes, at minimum, live scan fingerprinting for each owner, instructor, employee, contractor, or any other person involved with the facility while children are present. Said background investigations shall be made available to any designated City official or law enforcement personnel having related responsibilities upon request.

B. Window Coverings. Interior and/or exterior opaque window coverings and/or window signs shall be limited to a maximum of 20% of the store front area during all times when children are present to ensure adequate and safe visibility into the facility from the exterior. All interior rooms shall have a view window installed which shall be made of clear glass, located a minimum of five feet above the floor to the base of the glass and with a minimum size of 12 inches by 12 inches. All view windows shall be kept clear with no obscuring materials of any type at any time.