Chapter 5.105
PAWNBROKERS
Sections:
5.105.020 Operation without permit unlawful.
5.105.030 Existing business – When permit deemed issued.
5.105.040 Permit – Posting notice of application.
5.105.050 Permit – Application fee – Renewal fee.
5.105.060 Permit – Application.
5.105.070 Permit – Approval or denial – Grounds therefor.
5.105.080 Permit – Appeal – Hearing.
5.105.110 Permit – Revocation – Grounds.
5.105.120 Permit – Revocation – Hearing – Appeal.
5.105.130 Relation to other laws.
5.105.010 Definitions.
As used in this chapter, the following words shall have the following respective meanings:
“Chief of police” means the chief of police of the city.
“Operator” or “pawnbroker” means any person who owns or manages a pawnbroking business.
“Pawnbroking business” means any commercial operation or entity which loans money on the delivery or deposit of personal property as security for the repayment of said loan; provided, however, that any bank or other institution authorized to conduct its business under the banking laws of the state, or under the laws of the United States, that loans money on stocks, bonds, securities or other contracts, shall not be deemed to be a pawnbroker.
“Person” means any corporation, association, firm, estate, trust, syndicate, joint stock company, partnership, club, society or individual.
“School” means any educational institution, public, private, secular or parochial which offers instruction of high school grade or below.
“Street” means any street, alley, way, boulevard or road, either public or private, that is used or to be used for ingress or egress. (Ord. 580, § 2; 1976 Code § 5-21.01).
5.105.020 Operation without permit unlawful.
It is unlawful for any person to operate or to cause or permit to be operated, any pawnbroking business without first having obtained a permit from the chief of police, who shall be the investigating official for the purpose of this chapter. (Ord. 580, § 2; 1976 Code § 5-21.02).
5.105.030 Existing business – When permit deemed issued.
Any person owning or operating a pawnbroking business lawfully in existence upon the effective date of this chapter shall be deemed to have been issued a permit hereunder; provided, that such person, within thirty days after such effective date, submits on a form prescribed by the chief of police a record of information on such existing business; and further provided, that such person shall comply with the provisions and requirements of MMC 5.105.010 through 5.105.130 as they may hereafter be amended. No filing fee or permit fee shall be payable therefor. The provisions of this section shall apply to subsequent proprietors at the same location. (Ord. 580, § 2; 1976 Code § 5-21.03).
5.105.040 Permit – Posting notice of application.
“Notice of Intent to Apply for a Permit for Pawnbroking Business” must be posted on the premises described in the application within five days of the filing of an application for a permit hereunder. (Ord. 580, § 2; 1976 Code § 5-21.04).
5.105.050 Permit – Application fee – Renewal fee.
Any application for a permit shall be accompanied by a nonrefundable fee established by resolution of the city council. The application fee shall be used to defray the costs of investigation and report, and is not made in lieu of any other fees or taxes required under this code.
Upon the yearly anniversary of the issuance of a permit, each operator shall pay to the city a permit renewal fee established by resolution of the city council. (Ord. 580, § 2; 1976 Code § 5-21.05).
5.105.060 Permit – Application.
A. Any application for a permit shall be filed with the city clerk, who shall forward it to the chief of police.
B. Within fifteen working days following receipt of a completed application, the chief of police shall either issue the permit or mail a written statement of his reasons for denial thereof to the applicant’s mailing address set forth therein.
C. Fingerprinting of all applicants is required for purposes of enabling the investigating official to conduct the required investigation.
D. The application for a permit shall be on a form prescribed by the chief of police and which shall be signed by the applicant, and shall contain the following information:
1. Name of the applicant;
2. Business address of applicant;
3. Residence address of applicant;
4. The previous addresses of applicant, if any, for a period of three years immediately prior to the date of the application, and the dates of residence at each;
5. Business, occupation or employment history of the applicant for the three years immediately preceding the date of the application;
6. Date and place of birth of applicant;
7. The address and name of the owner, lessee or other person in control of the establishment or establishments wherein the pawnbroking business is proposed to be located;
8. The citizenship of the applicant;
9. If the applicant has been convicted of any felony or misdemeanor, then a statement concerning the same should be required of the applicant, giving the time and place of such convictions;
10. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, or charter, together with the state and date of incorporation and names and residence addresses of each of its current officers and directors, and of each stockholder holding more than five percent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the county clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporation applicants shall apply;
11. Any further information which the chief of police may require. (Ord. 580, § 2; 1976 Code § 5-21.06).
5.105.070 Permit – Approval or denial – Grounds therefor.
The application for a permit shall be approved and the permit issued subject to compliance with the terms and provisions of this chapter and upon payment of the permit fee, unless the chief of police finds and determines that:
A. The pawnbroker is not of good moral character; and
B. The proposed pawnbroking business would be located, operated or maintained within one thousand feet of the nearest street entrance to or exit from any public playground, park or public or private school or elementary or high school, any church or any other pawnbroking business. Such distance shall be measured from the entrance or exit in the most direct line or route on, along or across the street or streets adjacent to the public playground, park, public or private school or elementary or high school or church or other pawnbroking business;
C. The application fails to conform to the requirements of this chapter; or
D. Approval of the permit would be contrary to the public health, safety, morals or general welfare, in which event the permit shall be denied. (Ord. 580, § 2; 1976 Code § 5-21.07).
5.105.080 Permit – Appeal – Hearing.
Any interested party may appeal the decision of the chief of police concerning a permit application to the city council by filing a written notice of appeal with the chief of police within five days of the serving or mailing of the decision, excluding the first day and including the last day.
The city council shall fix a time and place for hearing such appeal and shall cause or direct the city clerk to give notice thereof in writing to such person by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to such person at his or her last known place of address. The city council shall hold a hearing upon any such appeal and its decision shall be final. (Ord. 580, § 2; 1976 Code § 5-21.08).
5.105.090 Permit – Posting.
The permit shall be permanently and conspicuously posted at the location of the pawnbroking business, and shall not be removed from the location during the period for which the permit was issued. (Ord. 580, § 2; 1976 Code § 5-21.09).
5.105.100 Permit – Transfer.
No permit required pursuant to this chapter shall be transferable, nor apply to any premises other than originally specified as the location of the pawnbroking business, except upon written permission of the chief of police granted upon written application by the transferee, made in the same manner as may be required in the instance of the original application for issuance of such permit. (Ord. 580, § 2; 1976 Code § 5-21.10).
5.105.110 Permit – Revocation – Grounds.
Any permit issued under the provisions of this chapter may be revoked by the chief of police:
A. If the person to whom a permit has been issued has violated any of the terms or provisions of this chapter or of any state law regulating pawnbrokers;
B. If the application for the permit contained any false statements or misrepresentations. (Ord. 580, § 2; 1976 Code § 5-21.11).
5.105.120 Permit – Revocation – Hearing – Appeal.
Prior to the revocation of any permit issued under this chapter, the pawnbroker shall be given notice of the proposed action and shall be given an opportunity to be heard. If, within five days after such notice of proposed action has been given to the pawnbroker, he or she requests a hearing on the proposed revocation, a public hearing shall be held within ten days after such request, upon three days’ notice to the pawnbroker. The chief of police shall conduct the hearing, and if, as a result thereof, such permit is ordered revoked, the pawnbroker shall have the right, within five days after such order, to appeal such action to the city council in the manner specified in MMC 5.105.080. The city council shall hold a hearing upon any such appeal and its decision shall be final.
Notice of the proposed revocation of any permit, of the date of the hearing and of the decision of the chief of police shall be given by serving it personally upon the pawnbroker, or by depositing it in United States mail, postage prepaid, addressed to the pawnbroker at the place of business set forth in the permit. (Ord. 580, § 2; 1976 Code § 5-21.12).
5.105.130 Relation to other laws.
The issuance of a permit to any operator shall not entitle the operator to carry on a pawnbroking business on the business premises unless the operator has complied with all of the requirements of this code and all other applicable laws, nor in the event that such business premises are situated in an area or locality in which the conduct of his or her business is in violation of this code, or any ordinance of this city, or any other law.
Neither this chapter nor any provision therein contained shall include or apply to any act which is made a public offense by the Penal Code of the State of California, or by any other law of the state, or of the United States government. (Ord. 580, § 2; 1976 Code § 5-21.13).
5.105.140 Enforcement.
It shall be the duty of the chief of police and his/her officers to enforce this chapter. (Ord. 580, § 2; 1976 Code § 5-21.14).