Chapter 5.36
PAWNBROKERS—SECONDHAND DEALERS1
Sections:
5.36.010 Definitions generally.
5.36.030 Secondhand dealer defined.
5.36.040 Secondhand jewelry dealer defined.
5.36.050 Business license required.
5.36.060 Application for license.
5.36.070 Investigation of applicant—Grounds for refusal.
5.36.080 Receiving goods from intoxicated persons, suspected thieves or receivers of stolen goods.
5.36.090 License nontransferable.
5.36.100 Location of place of business.
5.36.010 Definitions generally.
For the purpose of this division, certain words and phrases shall be construed as set forth in the following sections unless it is apparent from the context that a different meaning is intended. (Prior code § 15.90).
5.36.020 Pawnbroker defined.
"Pawnbroker" includes every person who keeps a place of business where personal property is received, on which money is advanced, with the right or privilege granted to the person to whom the money is advanced to reclaim such property upon the repayment of such money so advanced, together with all legal charges incident thereto. The term includes every person other than banks, savings and loan institutions, and similar organizations otherwise regulated by law, who keeps a loan or pawn office, or who is engaged in the business of receiving jewelry, watches, precious stones, valuables, firearms, clothing or personal property, or any other article, or in pledge for loans, or as security, or in pawn for the repayment of moneys, and exacts interest for such loans. (Prior code § 15.91).
5.36.030 Secondhand dealer defined.
"Secondhand dealer" includes every person who engages in the business of buying, selling, or exchanging, whether as a separate business or in connection with other businesses, secondhand or rebuilt typewriters, adding and calculating machines, secondhand bicycles, bicycle accessories, scales, clothing, tools, harnesses, surgical, dental or drawing instruments, firearms, radios, pianos or other musical instruments, furniture, household furnishings, household appliances, books, used and reclaimed army goods, or any other secondhand articles or things, excepting, however, secondhand jewelry dealers, secondhand automobile dealers and junk dealers, automobile wrecking establishments, and gift exchange establishments whose business consists exclusively of the exchanging of new and unused personal property for some other type of new and unused personal property with or without payment of a reasonable fee for the exchange services rendered. (Prior code § 15.93).
5.36.040 Secondhand jewelry dealer defined.
"Secondhand jewelry dealer" includes every person who conducts the business of buying, selling or exchanging the following used or old articles: gold, silver, platinum, or articles of platinum, silverware, secondhand jewelry, watches, or other precious metals or stones. "Secondhand jewelry dealer" includes every person engaged in such business, whether as a separate business, or in connection with other businesses. (Prior code § 15.92).
5.36.050 Business license required.
No person shall engage in or carry on the business of a pawnbroker, secondhand jewelry dealer, or secondhand dealer unless he has a valid and subsisting business license issued by the city pursuant to the provisions of this chapter, and for which the license fees set forth in other sections of the code have been paid. (Prior code § 15.94).
5.36.060 Application for license.
Before any license to engage in, or carry on any business as pawnbroker, secondhand jewelry dealer or secondhand dealer is granted, the applicant desiring such a license shall file a written application with the city manager on a form furnished by him setting forth the following information:
(1) The exact nature of the business to be carried on;
(2) The type of ownership of the business or establishment, i.e., whether individual, partnership, or corporation, etc.;
(3) The names, complete residence addresses and residence telephone numbers of all owners of the business; and, if any such owner is a corporation, of the principal officers of such corporation;
(4) The name and style under which the business is to be conducted;
(5) The location of the proposed business for which the license is sought, the business mailing address if different than the location of business and the telephone number of the establishment where the business is to be conducted;
(6) Whether any license or permit to engage in the type of business for which the license hereunder is sought has previously been denied to the applicant or suspended or revoked from him; and if so, the circumstances of such denial, suspension or revocation. (Prior code § 15.95).
5.36.070 Investigation of applicant—Grounds for refusal.
Upon receiving an application for a license to engage in business as a pawnbroker, secondhand jewelry dealer, or secondhand dealer, the city manager may refer the application to the chief of police for investigation. The chief of police shall thereupon conduct such investigation and shall inquire into the applicant’s moral character and personal and penal history. The city manager may refuse issuance of such license upon any of the following grounds:
(1) That the applicant is of bad moral character;
(2) That the applicant, based on his past history, would be a poor credit risk in that particular business;
(3) That the applicant has had a previous license to engage in such business revoked or suspended by the city or some other jurisdiction;
(4) That the applicant is currently in violation of some provision of local, state or federal law;
(5) That the conduct of such business at the location in question would not be in the interests of the public health, safety or welfare. (Prior code § 15.96).
5.36.080 Receiving goods from intoxicated persons, suspected thieves or receivers of stolen goods.
No person licensed under this division, or his manager, agent or employee, shall take or receive any goods, articles or things from any person who is in an intoxicated condition, or from any suspected thief, or associate of thieves, or a suspected or known receiver of stolen property, or from any persons he may reasonably suspect to be contained in any of the foregoing categories. (Prior code § 15.97).
5.36.090 Licenses nontransferable.
Any license issued under the provisions of this chapter is nontransferable, and any attempt to transfer such license shall be void. (Prior code § 15.98).
5.36.100 Location of place of business.
No license issued under this chapter shall be deemed to authorize the conduct of such licensed business at any location other than the specific location set forth in the application for such license and which theretofore has been approved. The conduct of any such business at a location other than that specified in such application shall be unlawful. (Prior code § 15.99).
For regulations governing business license fees for pawnbrokers, see Section 5.12.220; for regulations governing business license fees for secondhand dealers, see Section 5.12.290.