Chapter 4.30
PAWNBROKERS, SECONDHAND DEALERS AND JUNK DEALERS
Sections:
4.30.040 Use of English language required.
4.30.050 Junk dealer not to accept pledges or pawns.
4.30.055 Receipt of goods – Prohibited persons.
4.30.060 Nonapplicability of sections.
4.30.070 Construction requirements.
4.30.075 Sanitation of premises.
4.30.090 Reporting stolen goods.
4.30.000 Purposes.
Pawnbrokers, secondhand dealers and junk dealers and collectors constitute prime vehicles for the disposal and sale of stolen property within this city. The purposes of this chapter are to regulate the activities of such enterprises for the purpose of facilitating law enforcement’s apprehension of criminals and recovery of stolen property and to curtail the trafficking of stolen property.
This chapter is enacted pursuant to the provisions of Section 21638 of the Business and Professions Code. The provisions of this chapter shall not be construed to require any act or omission which is expressly prohibited or prohibit any act or omission which is expressly required by the provisions of Sections 21625 through 21647 of the Business and Professions Code. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 14 (part), 1983].
4.30.005 License required.
It is unlawful for any person to operate or conduct the business of pawnbroker, secondhand dealer, junk dealer or junk collector, unless under and by authority of a valid, unexpired and unrevoked special business license issued pursuant to the provisions of Chapter 4.10 RCMC and this chapter.
Notwithstanding the provisions of RCMC 4.10.040(C) and 4.10.100, the chief of police shall not deny a special business license for the business of pawnbroker, secondhand dealer, junk collector or junk dealer on grounds enumerated by RCMC 4.10.040(C) unless one or more of the persons identified in RCMC 4.10.040(C) has been convicted of an offense described by Section 21641 of the Business and Professions Code. A license shall not be revoked on grounds prescribed by RCMC 4.10.135(B) unless one or more of the persons identified by RCMC 4.10.040(C) has been convicted of an offense described by Section 21641 of the Business and Professions Code. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 14 (part), 1983].
4.30.010 Definitions.
As used in this chapter the following terms shall be ascribed the following meanings:
“Junk collector” shall mean a person not having a fixed place of business in the city, who goes from house to house, or from place to place, gathering, collecting, buying, selling, or otherwise dealing in any old rags, sacks, bottles, cans, papers, metal or other articles commonly known as junk.
“Junk dealer” shall mean a person having a fixed place of business in the city and engaged in conducting, managing or carrying on the business of buying, selling or otherwise dealing in, either at wholesale or retail, any old rags, sacks, bottles, cans, papers, metal, or other articles commonly known as junk.
“Pawnbroker” shall mean a person engaged in conducting, managing or carrying on the business of pawnbroking, or the business of lending money for himself or any other person upon personal property, pawns or pledges; or the business of purchasing articles from the vendors or their assignees at prices agreed upon at or before the time of such purchase.
“Pawnshop” shall mean any room, store, building or other place in which any such business is engaged in, carried on or conducted.
“Secondhand dealer” shall mean a person engaged in conducting, managing or carrying on the business of buying, selling or otherwise dealing in secondhand goods, furniture, wares, coins or merchandise. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 14 (part), 1983].
4.30.015 Display of license.
Every person issued a special business license under the provisions of this chapter, and conducting, managing or carrying on a business or occupation at a fixed place of business, shall keep such license posted and exhibited while in force in some conspicuous part of the place of business. Every person having such license and not having a fixed place of business shall carry such license with him at all times while carrying on the business or occupation for which the same was granted. Every person having a license under the provisions of this chapter shall produce and exhibit the same when applying for a renewal thereof and whenever requested to do so by any officer authorized to issue, inspect or collect licenses. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 14 (part), 1983].
4.30.020 Weekly report.
Every pawnbroker and secondhand dealer shall, on each Saturday, or sooner, before the hour of 10:00 a.m., prepare and mail to the chief of police on a blank form to be obtained by such pawnbroker or secondhand dealer from the office of the chief of police for that purpose a full, true and complete report of all goods, wares, merchandise or things received on deposit, pledged, or purchased during the week preceding the filing of such report.
Every junk dealer and junk collector shall on each Saturday, or sooner, before the hour of 10:00 a.m., prepare and mail to the chief of police on a blank form to be obtained by such junk dealer or junk collector from the office of the chief of police for that purpose a full, true and complete report of all whole machinery or equipment, or such other property as the chief of police may designate, received or purchased during the week preceding the filing of such report. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 14 (part), 1983].
4.30.025 Contents of reports.
Reports required by RCMC 4.30.020 shall show the hour of the date when such article was received on deposit, pledged or purchased, and the true name and address, as nearly as the same is known to, or can be ascertained by, such pawnbroker, secondhand dealer, junk dealer or junk collector, of the person or persons by whom such article was left on deposit, pledged or sold, together with a description of such person or persons. The description to be given of every such person shall show style of dress, height, age, sex, complexion, color of mustache or beard, or both, where the same are worn, and if neither is worn, such fact shall be noted. Such report shall show the number of the pawn ticket, amount loaned, quantity purchased and complete description of the article left on deposit, pledged or purchased. If any article, the report of which is herein required to be made, so left on deposit, pledged or purchased, has engraved thereon any number, word or initial, or contains any settings of any kind, the description of such article in such report shall contain such number, word or initial, and shall show the kind of settings and the number of each kind. Blanks to be obtained from the office of the chief of police, as herein provided, shall bear a caption providing blank spaces in which shall be written or printed the date of the report, the name and place of business of the person making the same, and the hour of the day when the same is received at the office of the chief of police. The blanks shall be so printed and subdivided as to contain spaces with the proper captions for the furnishing of the information required by this chapter. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 14 (part), 1983].
4.30.030 Records.
Every pawnbroker and secondhand dealer shall keep a complete record of all goods, wares, merchandise or things pledged to or purchased or received by him, sold or otherwise disposed of, which shall contain all the matters required to be shown in the reports required to be made by such pawnbroker or secondhand dealer and referred to and described in RCMC 4.30.020 and 4.30.025.
Every junk dealer and junk collector shall keep a record of all goods, wares, merchandise or things purchased or received by him, sold or otherwise disposed of, which record shall contain all the matters required to be shown in the reports referred to and described in RCMC 4.30.020 and 4.30.025.
Every such record and all goods, wares, merchandise and things pledged to or pledged or received by any such pawnbroker, secondhand dealer, junk dealer or junk collector shall be immediately produced for inspection by any officer required to inspect such records or personal property in the performance of his official duties. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 14 (part), 1983].
4.30.040 Use of English language required.
Every report and record required by the terms of this chapter to be filed or kept shall be written or printed entirely in the English language, in a clear and legible manner. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 14 (part), 1983].
4.30.045 Time limit for sale.
It is unlawful for any pawnbroker, secondhand dealer, or junk dealer to sell or otherwise dispose of any article or thing the report of which is required to be made under the provisions of RCMC 4.30.020 and 4.30.025 within one week after making a report to the chief of police as required in RCMC 4.30.020. The provisions of this section shall not apply to motor vehicles duly and regularly cleared for transfer by the Department of Motor Vehicles of the state. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 14 (part), 1983].
4.30.050 Junk dealer not to accept pledges or pawns.
No junk dealer or junk collector shall receive any personal property by way of pledge or pawn, nor shall the business of junk dealer and the business of pawnbroker be conducted upon the same premises. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 14 (part), 1983].
4.30.055 Receipt of goods – Prohibited persons.
It is unlawful for any pawnbroker, secondhand dealer, junk dealer or junk collector to receive or purchase any property, article or thing from any person who shall appear to be, or who is known to be, intoxicated, or from any minor, unless the minor presents the written consent of his parent or guardian, duly signed, authorizing the particular transaction, which written consent must be kept, and exhibited, upon demand, by any officer requesting the same in the performance of his official duties.
In any criminal prosecution or proceeding for the suspension or revocation of any license for a violation of this section, proof that the defendant licensee, or his agent or employee, demanded and was shown, before receiving or purchasing any property, article or thing, a motor vehicle operator’s license or a registration certificate issued under the federal Selective Service Act, or other bona fide documentary evidence of majority and identity of the person, is a defense to the prosecution or proceeding for the suspension or revocation of any license. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 14 (part), 1983].
4.30.060 Nonapplicability of sections.
The provisions of RCMC 4.30.020 through 4.30.045 shall not apply to the receipt of or sale of secondhand personal property which has been received as part payment for a new article if the person receiving or selling the secondhand personal property is the authorized dealer or agent of the manufacturer of the new article sold. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 14 (part), 1983].
4.30.065 Hours.
It is unlawful for any person engaged in, conducting, managing or carrying on the business of pawnbroker, secondhand dealer, junk dealer or junk collector, or for any agent, or employee of any such person, to accept any pledge, or to loan any money upon personal property or to receive or purchase any goods, wares or merchandise, or any article or thing between midnight on Saturday and 7:00 a.m. the following Monday, or between 7:00 p.m. of any day other than Saturday and Sunday, and 7:00 a.m. the following day. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 14 (part), 1983].
4.30.070 Construction requirements.
If any business or establishment required by RCMC 4.30.005 to possess a special business license is located in whole or in part in any yard, enclosure, lot, or open area, such premises as are open to public view shall be completely surrounded and enclosed by a wall, fence or barrier constructed of wood or other solid, impervious material, and so constructed as to be a continuous barrier, except for necessary openings, sufficient to prevent the ingress or egress of rats, mice, or other rodents so far as is possible. Should any part of such yard, enclosure, lot or open area abut upon any earthen embankment, the height of which shall not be less than the minimum height of the wall, fence or barrier herein provided for, such part so abutting upon the earthen embankment need not be enclosed by said wall, fence or barrier. The wall, fence or barrier shall be continuously kept and maintained in the condition required by this section. The wall, fence or barrier shall extend above the ground for at least six feet. Any and all necessary openings in such fence, wall or barrier shall be provided with suitable gates or doors. No such openings shall in any single instance be greater than is reasonably necessary.
Such gate or door shall be kept closed at all times except during the normal business hours of the business or establishment.
It is unlawful for any person to permit any such business or establishment referred to and described in this chapter to be established, conducted, carried on or maintained unless the premises shall have been rendered rodentproof as far as reasonably possible, and continuously maintained in such condition. Each day’s violation of the requirements declared and established by this chapter shall be and constitute a separate and distinct violation and offense. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 14 (part), 1983].
4.30.075 Sanitation of premises.
If any business or establishment required by RCMC 4.30.005 to possess a special business license is located in whole or in part in a yard, enclosure, lot or open area, such premises and area shall, so far as reasonably possible, be kept clean and free from rubbish and similar loose material that might serve as a harborage for rats, mice or other rodents, and all loose metal, or parts or accessories of automobiles, and all other material kept, stored or accumulated in said place, shall, so far as reasonably possible, be neatly and carefully piled in such manner as to minimize and prevent as far as possible the harborage of rodents, and shall be suitably protected from water and the elements so that there can be, so far as is practicable, no accumulation of water in any article or thing stored on the premises. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 14 (part), 1983].
4.30.080 Separate businesses.
If any person shall engage in, conduct, manage or carry on, at the same time, more than one of the businesses defined by RCMC 4.30.010, such person shall be deemed to be engaging in, conducting, managing and carrying on each such business separately and apart from the other such business, and such person shall comply in all respects with the provisions of this chapter relating to each such business, and it is unlawful for any such person to fail, refuse or neglect so to do. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 14 (part), 1983].
4.30.085 Bond.
Every junk dealer, as defined herein, shall furnish to the city a bond in the principal amount of $5,000 guaranteeing faithful performance by the junk dealer of the terms and conditions of this chapter. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 14 (part), 1983].
4.30.090 Reporting stolen goods.
Every pawnbroker, secondhand dealer, junk dealer and junk collector shall immediately notify the chief of police by telephone when any property is offered to him for pledge or for sale under such circumstances that the pawnbroker, secondhand dealer, junk dealer or junk collector knows or should have known the property so offered for pledge or sale to have been stolen. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 14 (part), 1983].