Whittier Municipal Code Ch. 5.48 Pawnshops and Pawnbrokers

A. The term "buy-form" is the name of the form or forms obtained from the department of justice by the licensee for the purpose of recording and furnishing by the licensee to the chief of police of the required information relative to purchases, pledges or consignments.

B. "Pawnbroker" means any person engaged in any one or more of the following businesses:

1. Pawnbroking;

2. Lending money for himself/herself or any other person upon personal property, pawns or pledges, in the possession of the lender;

3. Purchasing articles of personal property and reselling or agreeing to resell such articles to the vendors or assignees at prices agreed upon at or before the time of the purchase.

C. A "pawnshop" is any room, store, building or other place in which the business of a pawnbroker is engaged in or conducted. (Amended during 1984 codification; prior code §§ 6275, 6275.1, 6275.4)

(Ord. No. 3112, § 2, 2-25-20)

A pawnbroker shall not, and an agent or employee of a pawnbroker shall not accept any pledge or lend any money on personal property or purchase or receive any goods or merchandise or any article or thing whatsoever or in any manner whatsoever engage in or conduct the business of pawnbroker between seven p.m. of any day and seven a.m. of the following day.

(Amended during 1984 codification; prior code § 6275.3)

Every licensee under this chapter shall at the close of each business day, or on the first working day after receipt or purchase of the property, mail to the chief of police the buy-form or buy-forms made out during that day. The buy-forms shall contain:

A. A full, legible, true and complete report, in English, of all goods, wares, merchandise or other things received on deposit, pledged or purchased during that day.

B. A complete and reasonably accurate description of serialized or non-serialized property, including, but not limited, to, the following: serial number, size, color, material, manufacturer's name brand and model name or number, manufacturer's pattern name (when known) and other identifying marks or symbols or owner-applied numbers. 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 such an instrument does not constitute a special skill.

C. A certificate by the intended seller or pledger that he/she is the owner of the property or has the authority of the owner to sell or pledge the property.

D. A certificate by the intended seller or pledger that to his/her knowledge and belief the information is true and complete.

(Ord. 2869 § 17, 2006: prior code § 6275.5)

(Ord. No. 3112, § 2, 2-25-20)

Every licensee under this chapter shall verify the identification of the intended seller, consignee, or pledger and enter upon the buy-form positive identification as set forth in Section 5.48.060 below, furnished by the seller, pledger or consignee in addition to the individual's true name and address. Further, in addition to the positive identification mentioned in this section, the licensee shall require the seller, pledger, or consignee to furnish a plain impression print of his/her right index finger, or next finger in the event of amputation, upon the face side of the original sheet of the buy-form.

In addition to the positive identification mentioned in this section, the licensee shall require the seller, pledger or consignee to furnish a plain impression print of his/her right index finger, or next finger in the event of amputation, upon the face side of the original sheet of the buy-form.

(Ord. 2869 § 18, 2006: prior code § 6275.6)

(Ord. No. 3112, § 2, 2-25-20)

A copy of this chapter shall be furnished each new licensee by the chief of police, and the licensee must be furnished with all subsequent amendments that affect the type of business of the licensee.

(Amended during 1984 codification; prior code § 6275.16)

Every person who sells, pledges or consigns any property to any licensee in the course of business covered by the license, shall furnish true, positive identification in the form of a driver's license issued by any state or Canada, an identification card issued by any state, an identification card issued by the United States or a passport from any other country in addition to another item of identification bearing an address, to the licensee 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.

(Ord. 2869 § 19, 2006: Prior code § 6275.7)

Every licensee shall preserve for a period of two years, a copy of the buy-form provided for that purpose, containing a carbon copy record thereon of the original writing made by the licensee, agent or employee, the original of which has been furnished to the chief of police. Every such record and property pledged, purchased, or received by the licensee shall be produced for inspection to any peace officer.

(Prior code § 6275.8)

The chief of police shall maintain a file of all reports received pursuant to the terms of this chapter for a period of two years, and the reports shall be open to inspection by any peace officer.

(Prior code § 6275.9)

A licensee under this chapter shall not melt, destroy, sell or otherwise dispose of any article, goods, wares, merchandise or thing obtained or used in any business for the conduct of which a license is required by this chapter until thirty days after making a report to the chief of police as required in this chapter that the article, goods, wares, merchandise or thing has been purchased or received by the licensee. However, pursuant to Business and Professions Code § 21638.5, the holding period, as applied to personal property in Business and Professions Code § 21636 does not apply to personal property pledged to a pawnbroker with respect to the redemption of personal property by the pledger.

(Ord. 2869 § 20, 2006: amended during 1984 codification; prior code § 6275.10)

Until any article, goods, wares, merchandise or thing pledged to or purchased by any licensee under this chapter is held for the time required by this chapter or released by the chief of police, the licensee shall not clean, alter, repair, paint or otherwise change the appearance of the articles, goods, wares, merchandise or things. At all times during business hours he/she shall expose it to public view.

(Prior code § 6275.11)

(Ord. No. 3112, § 2, 2-25-20)

The chief of police may release any property covered by this chapter which he/she inspects if after such inspection he/she is satisfied that the property is in the lawful possession of the licensee.

(Prior code § 6275.12)

(Ord. No. 3112, § 2, 2-25-20)

The chief of police may place a hold order upon any property acquired by the licensee in the course of his/her business for a period of ninety days, and upon release of the property may require the licensee to keep a true record of the property and included therewith the true name and address of the person to whom the property was sold, or any other method of disposition.

(Prior code § 6275.13)

(Ord. No. 3112, § 2, 2-25-20)

A licensee under this chapter shall not export from this country any goods, wares, merchandise or things pledged to or received by the licensee in his/her capacity as licensee until the chief of police has inspected and released the property.

(Prior code § 6275.14)

(Ord. No. 3112, § 2, 2-25-20)

The waiting period required in this chapter does not apply to property purchased on a bill of sale or invoice from a regularly established place of business. As used in this section, an established place of business means a place of business which has been dealing in the type of articles purchased at the same location for not less than six months.

(Prior code § 6275.15)