Yuba County Municipal Code Ch. 6.35 Second Hand Dealers and Pawnbrokers

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State Law reference— Secondhand goods, Business and Professions Code § 21500 et seq.; secondhand dealers, Business and Professions Code § 21625 et seq.; local ordinances regulating secondhand dealers, Business and Professions Code §§ 21625, 21637; pawnbrokers, Business and Professions Code § 21300 et seq.

It shall be unlawful for any person or business organization to engage in the business of a pawnbroker or secondhand dealer without first having procured a license pursuant to this Chapter.

(Prior Code, § 6.35.010; Ord. No. 630; Ord. No. 1423)

The following words, terms, and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

(1) Pawnbroker means any person or business organization engaged in the business of receiving goods in pledge of security for a loan and who is subject to regulations under Financial Code Div. 8 (Financial Code § 21000 et seq.).

(2) Secondhand dealer means a person or business organization engaged in the business of buying, selling or otherwise dealing in secondhand goods, products or merchandise.

(Prior Code, § 6.35.020; Ord. No. 1423)

(a) This Chapter shall not apply to the selling of secondhand goods when such sale is made other than at a regular business location and no more than one sale, not exceeding 48 hours in duration, is conducted during any 30-day period, provided the vendor of the goods has an ownership or possessory interest in the real property upon which the sale takes place or has written permission from a person with an ownership or possessory interest in the real property to conduct the sale, and such written permission is in the vendor's possession at the time of the sale. If the conditions under which this exception is to apply are not satisfied, a license shall be required.

(b) This Chapter shall not apply to a person or business organization which purchases new merchandise for use in its regular business activity and, after having used the merchandise for its intended purpose, sells the merchandise as an incident to its primary business activity.

(c) This Chapter shall not apply to car dealers duly licensed to sell used motor vehicles pursuant to the Vehicle Code and rules and regulations promulgated by the State of California relating to such sales.

(Prior Code, § 6.35.030; Ord. No. 630; Ord. No. 1222; Ord. No. 1303; Ord. No. 1423)

• License to be obtained before conducting business; license to be annual; separate licenses for each business location; issuing officer for license; license application.

A license must be procured before any business regulated herein may be conducted. Licenses shall be issued annually in advance and a separate license must be obtained for each separate business location. Licenses shall be obtained from the County Tax Collector, after approval as provided herein, pursuant to application on a form to be prepared by the Tax Collector.

(Prior Code, § 6.35.040; Ord. No. 630; Ord. No. 1423)

Each license, when issued, will state the person to whom issued, and the kind of business and location for which the license is issued, together with the date of issuance, the license period and the amount received therefor. Each license shall be signed by the Tax Collector.

(Prior Code, § 6.35.050; Ord. No. 630; Ord. No. 1423)

(a) Every pawnbroker shall pay a nonrefundable initial filing fee for the original application pursuant to Section 13.00.060.

(b) Every pawnbroker and secondhand dealer shall thereafter pay an annual license fee pursuant to Section 13.00.060.

(c) (1)

Any charitable organization conducting activities solely for charitable purposes from which no profit is derived, either directly or indirectly by any individual or business organization other than the actual employees of the charitable organization, whose activities would otherwise be subject to fees under this Section, shall pay an annual license fee in the amount established in Section 13.00.060, or in the case of the license fee for junk collection without a fixed location, the annual fee in Section 13.00.060 for each vehicle. Only annual renewals are required for such organizations.

(2) Any organization claiming charitable status shall, in addition to the information otherwise required in application for a license, submit a certified copy of its corporate charter, if any, together with a statement in writing, under penalty of perjury, executed by one of its officers and setting forth the purposes of such organization and detailed statement of its manner of doing business and dispensing charity. The Board of Supervisors must certify the applicant's charitable status before the organization is qualified as such.

(Prior Code, § 6.35.060; Ord. No. 630; Ord. No. 1423)

Any person, persons or business organization submitting an application for a license under this Chapter shall file a duplicate copy in the office of the Sheriff, specifying the place where such business is proposed to be conducted, or in the case of a junk collector to without a fixed place of business, the place of his or her residence. The Sheriff shall fingerprint and photograph the applicant, make an investigation of the applicant and the proposed place of business, and report to the Board of Supervisors within 15 days his recommendation for or against the granting of the application for a license.

(Prior Code, § 6.35.070; Ord. No. 630; Ord. No. 1423)

No license shall be granted under this Chapter except on order of the Board of Supervisors. Once the Board has approved the issuance of a license, the applicant will be entitled to annual renewals as long as the applicant adheres to the provisions of this Chapter and all other provisions of law, or until the license is revoked by the Board of Supervisors as provided herein.

(Prior Code, § 6.35.080; Ord. No. 630; Ord. No. 1423)

Every license granted pursuant to this Chapter is accepted by any party receiving such license with the understanding that the Board of Supervisors may revoke the license at any time when it appears that a state of facts exist upon which they would be authorized to deny an application for such license, or if the applicant or any employee has violated any provision of this Chapter or applicable State law. No revocation shall occur unless the applicant has had ten days' written notice prior to a hearing before the Board of Supervisors, at which time the applicant may appear to contest the proposed revocation of the license. Notice of the proposed revocation shall also be delivered to the Tax Collector and Sheriff. There shall be no refund of any portion of a license to any applicant whose license is revoked until at least six months have elapsed from the time of revocation.

(Prior Code, § 6.35.090; Ord. No. 630; Ord. No. 1423)

Each person or business organization required to have a license under the provisions of this Chapter shall, at all times, display such license in a prominent place at the business location which is being licensed.

(Prior Code, § 6.35.100; Ord. No. 630; Ord. No. 1423)

Every person required to be licensed under this Chapter shall maintain records for each business day which shall be open to the inspection of members of the Sheriff's Department at their reasonable convenience and which shall be a true and complete report of all articles received during that day. These records shall show at least the hour on which such article was received, the name and address of the person from whom the property was received and a brief description of the article received. The report shall also show the number of the pawn ticket, the amount loaned, or the amount paid for the merchandise received. Merchandise with serial numbers shall have the serial numbers recorded. The Sheriff may provide forms for the recordation of the information required by this Section and, if such forms are provided the records shall be kept on those forms. The records required to be kept pursuant to this Section shall be maintained for at least two years by the person required to keep such records.

(Prior Code, § 6.35.110; Ord. No. 630; Ord. No. 1423)

It shall be unlawful for any person or business organization licensed under this Chapter to fail to keep the reports as specified in Section 6.35.110 or to refuse to make such reports available to the members of the Sheriff's Office of the County of Yuba upon reasonable demand.

(Prior Code, § 6.35.120; Ord. No. 630; Ord. No. 1423)

Except for motor vehicles currently registered with the State of California, it shall be unlawful for any person or business organization licensed under this Chapter to sell or otherwise dispose of any article within ten days after receipt of such articles and the entry of such article on the records requiring to be kept under Section 6.35.110.

(Prior Code, § 6.35.130; Ord. No. 630; Ord. No. 1423)

The provisions of this Chapter relating to keeping of records and providing limitations on the time in which an article may be sold shall not apply to the receipt or sale of a secondhand article by any person or business organization that receives such article as part payment for new merchandise where the personal or business organization is the authorized representative or agent of the manufacturer of the new merchandise.

(Prior Code, § 6.35.160; Ord. No. 630; Ord. No. 1423)

Any person or business organization violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $1,000.00, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person or business organization shall be deemed guilty of a separate offense for every day during any portion of which any violation of the provisions of this Chapter is committed, continued or permitted by such person or business organization.

(Prior Code, § 6.35.170; Ord. No. 630; Ord. No. 1423)

State Law reference— Penalties for ordinance violations, Government Code § 25132, Penal Code § 19.

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.