CHAPTER 22
PAWNBROKERS, SECONDHAND DEALERS AND JUNK DEALERS*
Sections:
22.3 Same—Application generally.
22.4 Same—Fingerprints and photograph of applicant.
22.5 Same—Not to issue to certain persons.
22.6 Same—Appeal from manager’s action on application.
22.9 Purchases to be kept intact for thirty days.
22.13 Transactions with minors prohibited.
22.14 Disposition of stolen property.
22.15 Exemptions from chapter.
* For state law as to secondhand goods generally, see B. & P.C., §§ 21500 to 21608. As to junk see B. & P.C., §§ 21600 to 21608.
As to license for buyers of gold, silver, etc., see § 18.37 of this Code.
22.1 Definitions.
Unless it is apparent from the context that another meaning is intended, the following words, when used in this chapter, shall have the meaning attached to them by this section:
Junk collector. The phrase “junk collector” is a person not having a fixed place of business in the city who goes from house to house or place to place gathering, collecting, buying, selling or otherwise dealing in rags, sacks, bottles, cans, paper, metal or any other articles commonly known as junk.
Junk dealer. The phrase “junk dealer” is 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, rags, sacks, bottles, cans, paper, metal or other articles commonly known as junk.
Pawnbroker. The word “pawnbroker” is a person engaged in conducting, managing or carrying on the business of pawnbroking, or the business of loaning money for himself or any other person upon pawns or pledges, or the business of purchasing articles of personal property and reselling or agreeing to resell such articles to the vendors, or their assignees, at prices agreed upon at or before the time of such purchase.
Pawnshop. The word “pawnshop” is defined to be any room, store or place in which any business mentioned in the preceding paragraph is engaged in, carried on or conducted.
Secondhand dealer. The term “secondhand dealer” is a person engaged in conducting, managing or carrying on the business of buying, selling or otherwise dealing in secondhand goods, wares or merchandise; provided, however, that any person who is engaged in the business of selling genuine antique articles which are purchased by such person directly from a wholesale dealer in such articles, or which are imported into the United States of America by such person, shall not be deemed to be a “secondhand dealer” by reason of engaging in such business. (Ord. No. 835, § 1.)
22.2 Permit—Required.
It shall be unlawful for any person to engage in, conduct, manage or carry on the business of a pawnbroker, or the business of buying gold, silver or jewelry, or the business of a secondhand dealer, or the business of a junk dealer or junk collector without first applying for and receiving a permit therefor in writing from the city manager. (Ord. No. 835, § 2.)
22.3 Same—Application generally.
Any person desiring to obtain a permit required by the preceding section shall file with the city manager an application in writing therefor, signed by the applicant and specifying by street and number the place where such business is proposed to be conducted or carried on and the residence address of the applicant. (Ord. No. 835, § 3.)
22.4 Same—Fingerprints and photograph of applicant.
The fingerprints and a photograph of each applicant for a permit under this chapter shall be taken by the chief of police and affixed to the application to become a part thereof. (Ord. No. 835, § 3.)
22.5 Same—Not to issue to certain persons.
No permit required by this chapter shall be granted by the city manager to any person who fails, refuses or neglects to comply with all laws and ordinances relating to and regulating the business for which such permit is sought, or to any person who has been convicted of an offense involving the theft of property. (Ord. No. 835, § 4.)
22.6 Same—Appeal from manager’s action on application.
If any person is aggrieved by any ruling of the city manager upon any application filed pursuant to the provisions of this chapter, he may file a petition with the city clerk, setting forth the full content of the application filed with the city manager, the action taken thereon by the city manager and the reasons why it is believed the city manager acted improperly or failed to act properly.
The city council, at its next regular meeting held not less than five days from the date on which such appeal is filed with the city clerk, shall hear the applicant and his witnesses and shall determine the same. The ruling of the council thereon shall be final. (Ord. No. 835, § 6.)
22.7 Same—To be posted.
A copy of the permit issued by the city manager under this chapter, to which shall be affixed a copy of the photograph referred to in section 22.4 of this Code, shall be kept conspicuously posted in the place of business of every pawnbroker, secondhand dealer, junk dealer and gold, silver and jewelry buyer. (Ord. No. 835, § 7.)
22.8 Same—Revocation.
In the event that any person holding a permit under this chapter violates or causes to be violated any provision of this chapter or any provision of any other ordinance or of any law relating to or regulating any such business, the city manager shall revoke the permit and, in such event, no further permit shall be granted to any such person within twelve months after such revocation. Before any permit shall be revoked, the city manager shall direct a registered letter to the permittee at the address given on the permit, stating that the permit shall become null and void on and after the fifth day from the date on which the letter is deposited in the United States Post Office in the city. Such permit shall become null and void on the date named in accordance with the provisions herein. (Ord. No. 835, § 5.)
22.9 Purchases to be kept intact for thirty days.
It shall be unlawful for any person conducting or carrying on any business named in section 22.2 of this Code, or for any agent or employee of any such person, to alter, deface, sell or otherwise dispose of any article or thing within thirty days after such article or thing has been received or purchased by such person. (Ord. No. 835, § 9; Ord. No. 1983, § 58.)
22.10 Storage of goods.
All goods and articles purchased or received for pawn, pledge or deposit shall be, until sold or disposed of, kept in separate containers on the outside of which is written in ink the number corresponding to the number of the report made in accord with section 22.12 of this Code and the date of purchase. (Ord. No. 835, § 10.)
22.11 Record to be kept.*
Every person required to have a permit under this chapter shall keep a complete record and description of all goods, wares, merchandise or things pledged to or purchased or received by him, which record shall contain all information required by section 22.12 of this Code. Such record shall be open at all times during business hours to the inspection of the chief of police or any police officer of the city. (Ord. No. 835, § 8.)
* For state law as to records of junk dealers, see B. & P.C., §§ 21605 to 21608.
22.12 Daily report to police.
Every person required to have a permit under this chapter shall conform to the daily reporting requirements of California Business and Professions Code Section 21628. Reports shall be made to the chief of police or his designee. (Ord. No. 835, § 7; Ord. No. 1983, § 59.)
22.13 Transactions with minors prohibited.
It shall be unlawful for any person holding a permit issued under this chapter to buy from or loan money to, upon a pawn or pledge, or to receive as a deposit, goods, wares or merchandise from any person under the age of twenty-one years. (Ord. No. 835, § 12.)
22.14 Disposition of stolen property.
In all cases where a claim is made to property pawned with or sold to a person holding a permit issued pursuant to this chapter, by a person claiming to be the owner thereof and asserting that the property was stolen, the city council shall, after a hearing upon notice, determine the validity of such claim and the immediate disposition which should be made as to the possession of the claimed property. If the city council determines that such property was stolen, that the claimant is the owner thereof, and that there is no collusion between the claimant and the person by whom such property was stolen, the city council shall direct that such property be returned forthwith to the claimant without compensation of any kind being paid therefor. In the event such direction is disobeyed, the permit may be revoked or suspended by the city council without further hearing.
The city council may designate any member of the police department to hear the evidence at any or all hearings that may be held under this section and to report his findings thereon to the city council. In all cases, the city council shall determine the disposition of the property.
If, prior to the determination by the city council upon any claim made hereunder, an action at law is brought by or against the person in possession of the property to establish the ownership of, or the right to possession of the property, the city council shall, upon notice thereof, suspend proceedings upon the claim. (Ord. No. 835, § 13.)
22.15 Exemptions from chapter.
The provisions contained in Sections 22.9 to 22.12 of this Code shall not be deemed to apply to the purchase or sale by junk dealers or junk collectors of rags, bottles (other than milk or cream bottles), barrels, books, cans, shoes, secondhand sacks or bags (other than cement sacks or bags), lamps, stoves, household furniture (other than sewing machines and musical instruments) or scrap metals when bought and sold for scrap; or to the purchase or sale by secondhand dealers of household furniture (other than musical instruments) or books or to the purchase or sale of sacks, bags or rags (other than cement sacks or bags); or to the collection of such articles by religious, charitable or educational organizations operating under the terms of Chapter 10 of this Code or to the purchase or sale of any motor vehicle, trailer or semitrailer which has been registered in the state as required by law. (Ord. No. 835, § 11.)
22.16 Chapter to be posted.
A copy of this chapter shall be kept conspicuously posted in the place of business of every pawnbroker, secondhand dealer, junk dealer and gold, silver and jewelry buyer. (Ord. No. 835, § 7.)