Chapter 5.28 - PAWNBROKERS#
5.28.010 - Definitions.#
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Pawnbroker" means any person, copartnership, firm, or corporation whose principle business is primarily that of engaging in buying, selling, trading, taking in pawn, or accepting for sale on consignment tangible personal property, or the business of loaning money for himself or herself, or any other person, upon personal property, or the business of purchasing articles of personal property, and reselling or agreeing to resell such articles to the vendors or their assigns, at prices agreed upon at or before the time of such purchase. Pawnbroker does not include any person who engages in the business of buying or selling secondhand tangible personal property in an amount less than 20 percent of the gross sales and purchases of goods or merchandise sold or purchased in that person's regular course of business.
"Pawnshop" means any room, store, or place in which any pawnbroker engages in, carries on, or conducts his or her business.
(Ord. 518B §1(part), 1989)
5.28.020 - Daily reports to police—Contents.#
(a) Every pawnbroker within the city shall, on each day at the close of each business day, make and deliver to the chief of police, in writing, a full, true, and complete report on a form to be furnished by the police chief, in chronological order of all dealings in secondhand goods, wares, and merchandise, including radios for use in or upon automobiles. Every such report made by such pawnbroker shall include the following information for each item purchased or received within the 24 hours preceding the making of the report:
(1) The name and place of business of the person preparing the report;
(2) The date and hour of preparation;
(3) The date and time of day each article was received or purchased;
(4) The name and address of the person from whom such article was received or purchased; a description of him as required by the chief of police, and identification evidenced by a motor vehicle operator's license, motor vehicle license, work badge number, and personal signature;
(5) The amount paid for each article;
(6) In the event any article received or purchased has engraved thereon any number, word or initial, or contains any settings of any kind, such report shall include such number, word, or initial and shall indicate the kind of settings and the number of each;
(7) A complete description of each article, including color, the manufacturer's name, model number, serial number, identification mark, and any peculiarities of the article;
(8) A certification by the intended seller that to his or her knowledge and belief the information is true and complete.
(b) Every pawnbroker shall maintain a complete record of all goods, wares, or merchandise purchased or received, which record shall contain all of the matters required to be shown in the report referred to in subsection (a) of this section. Such records and all goods, wares or merchandise purchased or received shall be open and available at all times during normal business hours to the inspection of the police chief or his authorized representative. Each such record shall be kept for at least one year from and after the date of the transaction to which it refers.
(c) The chief of police, upon receipt of such report, shall file the same in some secure place in his office, and such report shall be open to inspection only to members of police departments authorized to enforce the law within the state, the sheriff or his officers and deputies, the district attorney of the county or by others upon an order of the court having competent jurisdiction, made for that purpose.
(Ord. 518B §1(part), 1989)
5.28.030 - Daily report—Copy to be kept—Inspection.#
Every pawnbroker shall keep in his place of business a copy of every report required by section 5.28.020. Such copy shall be open at all times during business hours to the inspection of any police officer authorized to enforce the law within the state. Such report shall be kept in book form, and each transaction shall be kept in chronological order.
(Ord. 518B §1(part), 1989)
5.28.040 - Daily report—Failure or refusal to keep report.#
It is unlawful for any pawnbroker, or for any agent or employee of such pawnbroker, to fail, refuse or neglect to file a report as required in this chapter, in the manner, form and time, and in all respects in accordance with the requirements of this chapter, or to fail, refuse or neglect to exhibit to the chief of police, or to his officers, or to any officer authorized by law, immediately upon demand, any such form or record, or any goods, wares and merchandise, including radios for use in or upon automobiles so purchased or received by such pawnbroker, or by any agent or employee of such pawnbroker.
(Ord. 518B §1(part), 1989)
5.28.050 - Reports—Blank forms—Charges.#
The police chief shall, from time to time, provide the blank forms required by the provisions of Section 5.28.020 of this chapter to the persons from whom the reports are required, at a charge to be determined by resolution of the council. Such charge shall be paid to the city, upon receipt of the blanks, by the person from whom such reports are required.
(Ord. 518B §1(part), 1989)
5.28.060 - Articles to be kept for 30 days.#
All goods, wares and merchandise, including radios for use in or upon automobiles, purchased or received by any pawnbroker, shall be held for a period of at least 30 days after they have been purchased or received, before they may be sold or otherwise disposed of, excepting however, all goods, wares and merchandise, including radios for use in automobiles upon which any duly licensed pawnbroker has issued a pawn ticket, in accordance with the laws of the state. During the 30-day period all such property shall be kept separate and apart from all other goods, wares and merchandise, including radios for use in or upon automobiles, upon the premises in the possession of such pawnbroker. All such property shall, during the 30-day period, be kept and exposed for police inspection during business hours.
(Ord. 518B §1(part), 1989)
5.28.070 - Permit—Required—Issuance.#
It is unlawful for any person to engage in, conduct, manage or carry on the business of pawnbroker without having a valid, existing and unrevoked permit therefor. Such permit shall be issued by the chief of police on application therefor. The application for such permit shall be in a form as the chief of police shall require. Every permittee shall keep on display in the permittee's place of business the permit obtained from the chief of police.
(Ord. 518B §1(part), 1989)
5.28.080 - Permit—Revocation conditions.#
(a) In the event that any person holding a permit authorizing him to engage in, conduct, manage or carry on the business of a pawnbroker, or any agent or employee of such person shall violate, or cause, or permit to be violated any of the provisions of this chapter, the chief of police shall, in addition to the other penalties, revoke such permit. If the permit of any such person shall be revoked, no permit shall be granted to such person to conduct or carry on such business within six months after such revocation.
(b) No permit shall be revoked until a public hearing shall have been had by the chief of police. Notice of such hearing shall be given in writing, and shall state the grounds of complaint against the permittee and shall also state the time and place where such hearing will be held. Such notice shall be served upon the holder of such permit, or his manager or agent, at least three days prior to the hearing of the revocation of such permit, by delivering such notice in writing to the permittee, or his manager or agent, or any person in charge of or employed at the place of business of such permittee or if such permittee has no place of business, then his place of residence, or by leaving such notice at the place of business or residence of such permittee. At the hearing the permittee and any other interested person shall have the right to present evidence as to the facts upon which the chief proposes to revoke the permit, and any other facts which may aid the chief in determining whether this chapter has been violated and whether any of the prohibited acts have occurred. If after such hearing, the chief finds that any or all of the violations have occurred, he shall within five days after the hearing serve by certified mail upon permittee and all interested persons participating in the hearing and requesting the same, a written statement of the facts upon which he bases such finding and shall immediately revoke the permit.
(Ord. 518B §1(part), 1989)
5.28.090 - Permit—Revocation—Appeal.#
Within five days after receiving notification by certified mail that his or her permit under this chapter has been revoked, any permittee may file with the city clerk a written notice of appeal from said revocation, addressed to the council on the appeal, and stating therein written exceptions to the findings of fact upon which the chief of police based his revocation of the permit. Said exceptions shall include, but not be limited to, statements why permittee believes the chief acted improperly or failed to act properly. Upon the filing of said notice of appeal, the council shall fix a time, date, and place for a public hearing thereon and shall send by mail to permittee a notice of the time, date, and place of the hearing. The hearing shall be held at a regular meeting of the council not more than 30 days from the date on which the notice of appeal was filed with the city clerk. The council by resolution, shall, no later than 15 days after the conclusion of the hearing, make findings of fact and either affirm or reverse the chief's revocation of the permit. The council, in said resolution, shall state the facts upon which its decision is based and shall state its ruling upon any exceptions filed to the chief's original findings of fact. A copy of said resolution shall be served by mail upon the applicant and all parties to the hearing requesting the same. The council's decision by said resolution shall be final and conclusive.
(Ord. 518B §1(part), 1989)
5.28.100 - Hours of operation.#
It is unlawful for any person to engage in, conduct, manage or carry on the business of a pawnbroker between the hours of 7:00 p.m. of each day and 8:00 a.m. of the following morning, except that on Saturday and days before legal holidays, and during the 24 hours next preceding Christmas Day, each such person may engage in, conduct, manage, or carry on such business until the hour of 9:00 p.m.
(Ord. 518B §1(part), 1989)
5.28.110 - Allowing or permitting unlicensed person to deal in secondhand goods prohibited.#
Every person, except pawnbrokers, as defined in this chapter, having an established and fixed place of business in the city, and the servants, agents, and employees of such person, who shall allow, permit, or encourage any person not possessing a permit as required by this chapter to manager or carry on the business of pawnbrokering in or about such established and fixed place of business, shall be guilty of a misdemeanor.
(Ord. 518B §1(part), 1989)
5.28.120 - Construction with other laws.#
The restrictions imposed by Chapter 5.28 shall be in addition to any and all other laws of the state of California regulating pawnbrokers or pawnshops.
(Ord. 518B §1(part), 1989)