4-23
JUNK DEALERS, SECONDHAND DEALERS AND PAWNBROKERS1.
4-23.1 Definitions:
As used in this section the following terms shall have the meanings ascribed to them:
Buy form shall mean a form furnished by the chief of police to a person subject to this article for the purpose of the recording and furnishing by the person to the chief of police of the required information relative to purchases, pledges or consignments.
Junk shall mean any and all secondhand and used machinery and scrap iron, including automobiles, tools, implements or parts or portions thereof and any and all secondhand and used furniture or other personal property, other than livestock or parts or portions thereof.
Junk dealer shall mean any person engaged in the business of buying, selling and dealing in junk, any person purchasing, gathering, collecting, soliciting or traveling about from place to place procuring junk and any person operating, carrying on, conducting or maintaining a junkyard or place where junk is gathered together and stored or kept for shipment, sale or transfer. The term “junk dealer” shall not apply to any of the following:
a. Secondhand furniture merchants.
b. Pawnbrokers.
c. Secondhand car dealers or merchants in connection with automobile and motor vehicle sales agencies but not carried on and conducted in conjunction with a junk yard.
d. Person engaged in the business of selling new automobile tires or batteries or other equipment and taking in part payment therefor, used articles of the same kind and thereafter selling or disposing thereof.
e. Secondhand oil well supply and equipment dealers not conducting or carrying on their business in connection with a junk yard.
f. Secondhand clothing merchants and ragpickers.
Junk yard shall mean any yard, plot, space, inclosure, building or any other place where junk is collected, stored, gathered together and kept.
Pawnbroker shall mean any person engaged in the business of receiving goods in pledge as security for a loan.
Pawnshop shall mean any room, store, building or other place in which the business of a pawnbroker is engaged.
Secondhand dealer shall mean any person whose principal business is primarily that of engaging in buying, selling, trading, accepting for sale on consignment, accepting for auctioning or auctioning secondhand personal property, other than a used car dealer. (Code 1972 §16-16)
4-23.2 Applicability.
The provisions of this section shall apply to junk dealers, secondhand dealers and pawnbrokers. (Code 1972 §16-17)
4-23.3 Persons Exempt.
This section shall not apply to any person who sells junk acquired in the conduct of any business other than that of a junk dealer. (Code 1972 §16-18)
4-23.4 Permit Required; Filing Fee.
No person shall engage in the business of a junk dealer, secondhand dealer or pawnbroker without first obtaining a permit from the License Collector. The filing fee for such permit shall be in an amount established by resolution of the City Council. (Code 1972 §16-19; Ord. #1140, §20)
4-23.5 Buy-Forms.
a. Buy-Forms To Be Furnished. The Chief of Police shall cause to be prepared from time to time such numbers of buy-forms as may be necessary in order to enable the persons subject to this section to execute and file the same and shall furnish the forms free to persons subject to this section for the purpose of their complying with the provisions of this subsection.
b. Reports. Each person subject to this section shall fill out and complete, in quadruplicate, an appropriate buy-form covering each day’s transactions. Within three (3) hours after the close of business of any business day, each person subject to this section shall mail or deliver to the Chief of Police the original buy-form together with two (2) duplicate copies, covering the business transacted on that day.
c. Contents of Buy-Forms. Each buy-form submitted pursuant to paragraph b. shall contain a full, true and complete report of all goods or things received on deposit, consigned, pledged or purchased during the day covered by the form, and shall also contain such other information as may be required by the Chief of Police and which, in the opinion of the Chief of Police considering the type of business of the licensee, may assist in the detection of stolen property; however, no report need be made by a pawnbroker concerning property or merchandise acquired from another pawnbroker in a transaction involving the purchase or other acquisition from the other pawnbroker of his stock in trade or a substantial part thereof in bulk, where the other pawnbroker has made the reports required with respect to that property or merchandise. Each person subject to this section shall enter or cause to be entered upon the buy-form, positive identification furnished by the seller, pledgemaker or consignor, such as driver’s license number, work badge number, auto or truck license number, and junk collector’s business license number, in addition to the true name and address of the seller, pledgemaker or consignor. In lieu of the positive identification prescribed the person subject to this section shall require the seller, pledgemaker or consignor to furnish a plain impression print of his right index finger, or next finger in the event of amputation, upon the face side of the original sheet of the buy-form.
d. To Be in the English Language. Each buy-form, report or record made by or through a person subject to this section shall be written or printed entirely in the English language in a clear and legible manner.
e. Correct Name. Every person making out any buy-form report shall sign his true name and give the true name and correct address of the person subject to this section.
f. Police Records. The Chief of Police shall maintain a file consisting of the originals of all buy-forms received pursuant to the provisions of this subsection for a period of at least two (2) years after receipt, and the buy-forms shall be open to inspection by any peace officer.
g. Copies. Each licensee shall preserve for a period of at least two (2) years the fourth, or quadruplicate, copy of the buy-form, provided for that purpose containing a carbon copy record of the original writing made or caused to be made by the person subject to this section, the original of which has been furnished to the Chief of Police. Every such record shall be produced by the person subject to this section for inspection by any peace officer within the two (2) year period and any property pledged, purchased or received by the licensee which is described or referred to in any such buy-form shall be produced by the person subject to this section, for inspection by the peace officer upon request, if the request is made within the period during which the person subject to this section is required by this section to hold the property.
h. Identification of Vendor, Consignor or Pledgor. Each person who sells, pledges or consigns any property to any licensee in the course of business covered by the license of such licensee shall furnish on the buy-form true, positive identification to the person subject to this section by which the vendor, consignor or pledgor can be located by the Chief of Police. The person shall also sign his true name and age and write or print his true address upon the buy-form in the space provided at the same time the business is transacted. No person shall sign a fictitious name or age or any other than his true name and age or give any address other than his true and correct address.
i. Signature. No person shall write the name of any other person as a signature to any buy-form, report or record, and all buy-forms shall bear as signatures only the true names of the person so subscribing them.
j. Compliance. No person shall fail, refuse or neglect to submit the buy-forms to the Chief of Police within the time required by, and in full compliance with, the provisions of this subsection, if the forms have not been so submitted by some other person and if the person is:
1. A person subject to this section.
2. A person in charge of the business of a person subject to this section.
3. An agent or employee of a person subject to this section and the duties of the agent or employee include the submission of buy-forms.
(Code 1972 §16-20)
4-23.6 Copies of This Section To Be Furnished.
A copy of this section, together with any amendment shall be furnished each person subject to this section upon the first delivery of the buy-form required by this section and persons subject to this section shall be furnished with a copy of any subsequent amendment or amendments to this section that affect his type of business. A reasonable number of additional copies of this section and amendments may be procured from the office of the Chief of Police by any person subject to this section upon request. (Code 1972 §16-21)
4-23.7 Purchases from Juveniles.
No person engaging in, managing, conducting, or carrying on the business of a junk dealer, secondhand dealer, auto wrecker, or pawnbroker, or his employee or agent, shall receive, buy, trade, exchange or otherwise acquire an interest in any goods or things from any person under the age of sixteen (16) years. Any statement to a person subject to this section or his employee or agent by a person under the age of sixteen (16) years to the effect that he is over the age of sixteen (16) years shall not excuse a person subject to this section nor his agent or employee from any violation of this subsection. (Code 1972 §16-22)
4-23.8 Retention of Reparable Metal.
A foundry or junk dealer shall not melt, destroy, sell or otherwise dispose of any metal purchased or received by him which is, or by economically feasible repair can be made, usable for the purpose for which it was originally designed, until at least twenty-one (21) days after making a report to the Chief of Police, as required by the provisions of this section, that the metal has been received by the foundry or junk dealer. (Code 1972 §16-23)
4-23.9 Requirements Applicable to Junk Dealers.
The following requirements shall govern junk dealers:
a. Written Records To Be Kept. Each junk dealer in the City is hereby required to keep a written record of all sales and purchases made in the course of his business. The record shall be exhibited on demand to any police officer of the City.
b. Contents of Records. Each junk dealer shall set out in the written record required by paragraph a. all of the following:
1. The place and date of each sale or purchase made in the conduct of his business as a junk dealer.
2. The name, address and occupation of each person from whom junk is purchased or obtained and the license number of any motor vehicle used in transporting the junk to the junk dealer’s place of business.
3. The name, address and occupation of each person to whom junk is sold or disposed of and the license number of any motor vehicle used in transporting the junk from the junk dealer’s place of business.
c. Preservation of Records. Each junk dealer shall preserve the written record required by paragraph a. for at least two (2) years after making the final entry of any purchase or sale of junk.
d. Daily Report on Buy-Forms. Each junk dealer shall report daily to the Chief of Police of the City on the buy-forms required by this section, all property received or purchased, in whatsoever quantity received, including junk purchased at wholesale, junk taken in for sale or possessed on consignment for sale, and junk taken in trade; however, no such report need be made concerning junk acquired from another junk dealer involving the purchase or other acquisition from the other junk dealer of his stock in trade or a substantial part thereof in bulk, where the other junk dealer has made the reports required by this subsection with respect to that junk.
e. Certain Junk Excluded.
1. This subsection shall not apply to any of the following: rags; papers; boxes; bottles; sacks; and metals other than those described in subparagraph 2 of this paragraph and in paragraph f.
2. All nonferrous metals and nickel alloys, including monel and nickeloy defined as junk received or purchased shall be held twenty-one (21) days in the same condition as when received and shall be open to public view.
3. Nonferrous metals and nickel alloys may be released or sold within twenty-one (21) days of reporting to the Chief of Police providing authorization has been received from the Chief of Police. The licensee shall for a period of two (2) years keep a record of the destination and disposition of property released in this manner and such record shall be made available for inspection of any peace officer. The authorization shall not relieve a junk dealer of any responsibility, in the event the property is later determined to be stolen.
4. Whenever a junk dealer contracts to purchase scrap metals from the responsible head of public utility companies, airplane factories, manufacturers of metal products or other prime “generators” of metal products and the payment for such scrap metals is by check made payable to the company involved, the holding and reporting provisions set forth shall not apply.
f. Ferrous Metals. The following ferrous metals defined as junk received or purchased shall be held three (3) days after the report reaches the Police Department; such metals must remain in the same condition as when received, and shall be open to public view during this holding period: fence material, pipe, chain, foundry castings and cable.
g. Change in Ownership or Location. It shall be the responsibility of the junk dealer to notify the Chief of Police in writing immediately of any change in management, ownership or location.
h. Familiarity with Applicable Laws. It shall be the responsibility of the junk dealer to familiarize himself and his agents with all the laws whether State or local, relating to the junk business.
i. Storage Facilities. No storage facilities, other than those approved by the Chief of Police, shall be maintained.
j. Bicycle Parts. All bicycles or bicycle parts received, purchased or disposed of as junk by a junk dealer shall be recorded, reported and held in accordance with instructions from the Juvenile Division of the Police Department. Junk dealers, before dealing in bicycles or their parts, shall contact the Juvenile Division of the Police Department.
k. Rules To Be Posted. A copy of this subsection shall be posted in a conspicuous place on the premises.
(Code 1972 §16-24)
4-23.10 Requirements Applicable to Pawnbrokers.
The following requirements shall govern pawnbrokers:
a. It shall be the responsibility of the pawnbroker to notify the Chief of Police in writing immediately of any change of management, ownership or business location.
b. It shall be the responsibility of the pawnbroker to familiarize himself and his employees and agents with all the laws, whether State or local, relating to the pawnbroker business.
c. No storage facilities, other than those approved by the Chief of Police, shall be maintained.
d. Each pawnbroker shall retain in his possession, after the date on which the loan became due and payable, clothing and furs pledged to him for a period of four (4) months and every other article pledged to him for a period of six (6) months.
e. A copy of this subsection shall be posted in a conspicuous place on the pawnbroker’s premises.
f. Each pawnbroker shall report daily to the Chief of Police of the City on the buy-forms required by this section, all property received in pawn or purchased as secondhand merchandise at wholesale, in whatever quantity received, including property purchased as secondhand merchandise at wholesale, secondhand merchandise taken in for sale or possessed on consignment for sale and secondhand merchandise taken in trade; however, no such report need be made concerning property or merchandise acquired from another pawnbroker in a transaction involving the purchase or other acquisition from the other pawnbroker of his stock in trade or a substantial part thereof in bulk, where the other pawnbroker has made the buy-form reports required by this subsection with respect to that property or merchandise.
g. Each pawnbroker shall enter at the time of the transaction, in a pawnbook kept by him for that purpose, the date, duration, amount and rate of interest of every loan made by him, an accurate description of the property pledged, the name and residence address of the pledgor.
h. Each pawnbroker shall produce his pawnbook, account of sales and all pledged property, for inspection by the following persons:
1. Any officer holding a warrant authorizing him to search for personal property.
2. Any person appointed by the Chief of Police of the city.
3. Any officer holding a court order directing him to examine the pawnbook, account of sales or pledged property.
(Code 1972 §16-25)
4-23.11 Buy-Form Exceptions.
The provisions of this section requiring withholding and the making and filing of buy-forms shall not be deemed to apply to:
a. The purchase or sale by junk dealers of rags, papers, boxes, bottles, sacks and metals, other than those described in subsection 4-23.10, shoes, lamps, stoves or household furniture, with the exception of sewing machines, televisions, radios and all musical instruments or any item or items to which the manufacturer has assigned a serial number.
b. The purchase or sale by secondhand dealers of household furniture, with the exception of sewing machines, televisions, radios, all musical instruments, typewriters or any other item or items to which the manufacturer has assigned a serial number.
c. The receipt or sale of a secondhand article by any person who received such secondhand article as part payment of a new article, if such person is the authorized representative or agent of the manufacturer of the new article sold. (Code 1972 §16-26)
4-23.12 Compliance Relating to Reports Required.
No person engaged in conducting any business subject to this section shall fail to make or file any buy-form, statement or report required by this section in the form, in the manner, at the time and in all respects as required by and in full conformity with the requirements of this section, or fail to keep the records required in the form and in the manner required by this section. (Code 1972 §16-27)
4-23.13 Hours of Business.
No person engaging in any business subject to this section shall accept any pledge of or loan money upon personal property or purchase or receive any goods or any article or thing or engage in or conduct any such business in any manner:
a. Between 7:00 p.m. and 8:00 a.m. on any day from Monday through Saturday, inclusive.
b. Between 7:00 p.m. Saturday and 8:00 a.m. of the following Monday; however, any such place of business may be kept open between 7:00 p.m. and 9:00 p.m. on any day from Monday to Saturday, inclusive; if the only business done during such overtime hours is that of selling goods or other personal property.
c. On any of the following holidays: New Year’s Day; Memorial Day; July 4; Labor Day; Thanksgiving Day; and Christmas.
d. From December 14 to December 24 inclusive, excluding Sundays, any such place of business may be kept open until 10:00 p.m.; however, the only business done during such overtime hours shall be that of selling goods or other personal property. (Code 1972 §16-28)
4-23.14 Conducting More Than One Business Simultaneously.
If any person shall engage in, conduct, manage or carry on at the same time, more than one (1) of the businesses subject to this section, such person shall be deemed to be engaged in, conducting, managing and carrying on each business separate and apart from the other business, and such person shall comply in all respects with the provisions of this section relating to each business, and it shall be unlawful for any person to fail, refuse or neglect to do so. (Code 1972 §16-29)
Bus. & Prof.C. §21600 et seq.