HomeMy WebLinkAboutOrd 2014-3299 ORDI?�'ANCE NO. 3299
ORDINAI�'CE OF THE CITI' OF CHi1LA VISTA A1�4ENDII�'G
SECTIOt�' �.38.030 OF THE CHULA VIST.A MUI�TICIPAL
CODE TO AUTHORIZE THE COLLECTION OF
PAV�'I�BROKER. SECONDHAND AI�TD JUIvK STORE
DEALER LICENSE BIEI�TI�TIAL REI�'EWAL FEES AI�TD
SECTIO\' S.�8.120 TO AUTHORIZE THE COLLECTIOI�' OF
PAA'NSHOP EA4PLOYEE IDEI�TTIFICATIOI�' CARD ANI�TUAL
REI�'EIUAL FEES
V�'HEREAS, the State of California Business and Professions Code 21641 permits local
licensing authorities to assess fees to recover their full costs of processing applications for
paHmbrokers, secondhand, or junl: store dealers: and
R'HEREAS, the State of Califomia Department of Justice license for a pa„mbroker.
secondhand, or junl: store dealer is valid for tw�o }�eazs; and
�6'HEREAS. the existino City of Chula Vista Municipal Code Section �.38.030 relating
to Pa�ambrokers, Secondhand, and Junl: Store Dealers does not specifi� the term of a license; and
�'�'HEREAS, the esisting Ciri� of Chula Vista Municipal Code Section �.38.120 relatine
to pa�i�nshop emplo}�ee identification cards does not specif}� the ��alid term of a cazd.
NOVd. THEREFORE. the Cirv Council of the Cin� of Chula Vista does herebv ordain as
follows:
Sectiou I.
Chula Vista Municipal Code Chapter �.38 is hereby amended to read as showm in
Attachment A.
Section II. Se�erabilih�
If an}� portion of this Ordinance. or its application to an�� person or circumstance; is for
anp reason held to be invalid, unenforceable or unconstitutional. by a court of competent
jurisdiction, that portion shall be deemed severable; and such invalidity, unenforceabilit�� or
unconstitutionalit}� shall not affect the ��alidin� or enforceabilit�� of the remainine portions of the
Ordinance, or its application to an�� other person or circumstance. The City Council of the City of
Chula Vista hereb}� declazes that it «�ould have adopted each section, sentence, clause or phrase
of this Ordina�ce, irrespecti��e of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be dedared invalid; unenforceable or unconstimtional.
Sectiou III. Construction �
The City Council of the Citv of Chula Vista intends this Ordinance to supplement; not [o
duplicate or contradict. applicable state and federal law� and this Ordinance shall be construed in
li¢ht of that intent.
Ordinance 3299
Page 2
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The Citv Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
D . - �
David Bejarano en R. oogins
Chief of Police ity A ey
PASSED; APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 7th day of January 2014, by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, Ramirez, Salas and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
,�
Cheryl Coz Ma�or
ATTEST:
�� � ��
Donna R. Norris, CM ; City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3299 had its first reading at a regular meeting held on the 17th day of December
2013 and its second reading and adoption at a regu]ar meeting of said City Council held on the
7th day of .ianuary 2014; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
�� ,��� ��_ 9� , �,/',�,1
Dated � Donna R. Norris, M , City Clerk
� Ordinance 3299
Pa�e 3
Chapter 5.38 '
PA�'�'NBROI�RS, SECONDH.AIVD An� JU1�TK STORE DE:ALERS*
Sections:
�.38.0 i 0 License—Required—Ta�es—Prerequisites— Scope.
5.38.020 Definicions.
�.38.030 License—Permit prerequisite—Investieation fee—.Application—Contents
required.
�.38.040 Pa��nbroker or secondhand dealer—Records to be kept.
�38.0�0 Pa��nbroker;jun}:or secondhand dealer—Reports required—Time.
�.35.060 Pa��nbroker or secondhand dealer—Records and reports—Contents
required.
�38.070 Jun}: dealer or collector—Records to be kept. -
5.38.080 Use of fictitious name prohibited.
�.38.08� Transacting business with minors prohibited.
�38.090 Disposal of inerchandise—Resuictions.
�35.100 Hours and da��s for conductine business.
�38.110 E�ceptions to applicabilirv—Donations.
�.38.120 Pa��nshop—Employee identification card requued.
�.38.]30 Junl:��azd, secondhand dealer or auto «Tecker—Compliance required—
General lti�.
�.38.140 Jun};�•ard; secoadhand dealer or auto �a-recker—Enclosure required.
�.38.150 Junlq�ard, secondhand dealer or auto �rTecker—Gates on fence.
�38.160 Iw-il.�t�azd, secondhand dealer or auto �iTecker—Perailtted heieht of stored
materials.
�.38.170 Junl.�t�azd. secondhand dealer or auto �tiTecker— Siens or materials oot
permiaed ��fiere.
�.38.180 Jun1.�•azd; secondhand dealer or auto ���ecker—Inflammable liquids to be
drained from vehicles.
�.38.140 Junl:yard; secondhand dealer or auto ���ecker— Inspection requiremenu.
�.�8.200 Juril:��ard, secondhand dealer oi auto ��Tecker—Compliance required—
License prerequisite.
�35.210 License—Re��ocation or suspension �vhen.
538.220 License—Public hearing on suspe;ision/re��ocation.
* For staruton�provisions authorizins cities to license btisinesses for purposes of
re��enue azd rewlation, see Gov. Code § 37]Ol; for statutor}•pro�•isions authorizing
cities to license businesses in the e�:ercise of police poner; see Bus. and P:o;. Code
�§ 16000— 16003.
For pro��isions regarding auctions and auctioneers, see state Izw.
Ordinance 3299
Page 4
5.3S.O10 License- Reyuired_Taxes—_Prerequisites-_Scope: . . . . . ....... ............_......
E��ery person conductine, enga�ing in, or carr}�ing on the business of pawnb:oker or junk
or secondhand dealer or cotlector shall possess a��a1id; ezistina and unre��oked license
therefor. Such license or licenses shall be issved b}�the director of finance of the city
upon the pa}Rnent of a ta� as presently designated, or as may in the future be amended,in
Section �.38.010 of the master tax schedule in CVMC 5.07.030; provided; howe��er; that
said director of finance shall not issue any such ]icense w�ithout the consent in HTiting
first having been had and obtained from the chief of police and presentation of the police
perznit, as required pursuant to the provisions of CVMC 53fi.020,ei seq.Nothine in this
section or this chapter contained shall be deemed or construed to apply to the loaning of
money on personal propem� or persona] security b;� any banl: authorized to do so under
the laws of the state. (Ord. 2408 § l, 1990; Ord. 7560 § 1, 1974; Ord. 1462 § 1, 1973;
Ord. 1294 � 1, 1970; Ord. ]009 § 1, 1966; prior code � 18.62).
538.020 Definitions.
.................._............................................................_................................................................................................................................................
For the purpose of this chapter and the licensing requirements of CVMC Title 5, the
follo�i�ng definitions shall apply:
A. "Auto recyc]er'' means and is any person engaged in the purchasing of motor vehicles
or used motor vehide parts or used motor vehicle motors, as the term "motor��ehicle"is
defined in the California Vehide Code, for the purpose of reconditioning and salvagine;
or dismanUing or disassembling,parts,materials, tires and accessories; for the purpose of
reconditioning any other motor vehicle, or selling or otherwise dealing in the materials or
parts of motor��ehicles; or for the resale of such items. Any person�i�ho has dismantled
three or more motor vehicles for the above purposes during any one calendar year shall
be classified as an auto recvcler.
B. "Junk collector means and is defined as a person not having a fised place of business
in the city���ho goes from house to house, or from place to place, gathering, collecting;
buying, selling or othen��ise dealing in any old rags, sacks, bottles, cans,papers, metal
(including gold or mercury), or other artides commonly kno�m as junk.
C. "Junk dealer"means and is defined as a person, not an auto ti�ecker, having a fixed
p]ace of business in the cip� and engaged in conducting, managing or carr}�ing on the
business of buyin�; selling, or otherw�ise dealing in old rags, sacks; bottles, cans,papers,
metal (induding gold or mercury), or other worn or discaz•ded articles, either at wholesale
or retail.
D. "Pa���nbroker"means and is defined as a person engaged in, conducting, managing or
carn�ing on the business of pa��nbroking; or the business of]oaning money. for himself
or for any other person; upon personal property, or the business of purchasing aRicles of
personal propert��, and reselling or agreeing to resell such articles to the vendors, or their
assi�ns, at prices agreed upon at or before the time of such purchase.
E. "Pawnshop" means and is defined to be any room; store or place in�i�hich any such
business is enezged in; carried on; or conducted.
Ordinance 3299
Paee �
F. "Secondhand dealer" means and is defined zs anv person bu}ine, selline or oher��ise
dealins in secondhand eoods. �rares and merchandise, ot�er than a used car d:ale;. a
dealer in se�nd,`�and bool's o:magzzines:or secondhand dothing. (Ord. 2037 § 1, i9S3;
Ord. 1931 § l; 1981; Ord. 1769 § 1: 1977; Ord. 1005 § 2; 1966; prior code � 17.1).
�.35.030 License—Permit prerequisite—In�-esti�ation fee—Application— Conteots
required. — - ----------- -- .,�
.4.\o license shall be issued to any pa��z�broker,juril: or secondhand dealer in the ciry as
defined herein pursuant to the pro��isions contained in C\'T9C �.38.010 �t�thout the
�rriren app;o��al and a permit therefor ha��ing been obtained from the chiei of police. The
chie;of police shall charge a nonrefundable requi;ed fee(s); or the required ren:�cal
fee(s), to co��er the cost of in��estisaune the zpplicant. Such licenses; ��•hen issued: shall
e�pire [�vo �ears from the dase o;issance and ma}�be renewed onl�•b�� filing a«ritten
request for re�e���al, accompanied bJ the lirense fee and co��� of the license to be :
rene�ced. Even person �cishing to engage in the business of paH�nbroker or junk or
secondha,�d dea4er shall file an app]ication ior a permit; signed by the applicant. �+�th the
chief of police, and the application shal] sho�v the follo���ine information:
1. Perman:nt home address and full local address of applicanr,
2. A b:ief description of the nature of the business and eoods to be sold;
3. .A photograph of the applicant, taken w�ithin 60 da��s immediatel}�prior to the date
of the filing of the application; "�hich picture shal] be nro inch°s by n��o inches;
sho�+ing the head and shoulders of the applicant in a clear and distineuishing
mznner:
4. The fin2erpriots of the applicant;
�. A statement as to �rhether or not [he applicant has e��er been convicted of a.ny
offense im�olving stolen propert��, and if so; the details in general of such
com�ictions; and specifi�ing the particular crimes or misdemeanors invoh�ed and the
dates 2nd places of such com-ictions.
B. ln the e��ent that the chief of police, upon investisation; sbould determine tha[ [he
issuance of such a permit to the applicant ���ould be detrimental to the public heal[h;
safet��, and eeneral ���elfaze of the cin�; either because of the rooral character of the
applicant or the creation of a policing problem as a resul[ of the establishment of a
paumshop or jun}; or secondhand shop in a paniculaz location; or sho���ing that an
increase in the number of pa�tmshops or junl; or secondhand shops over and above the
existia�number�ti�thin the city ���ould be detrimental to the public health; safety 2nd
eeneral �i�elfaze, said findinos shall be prepared in �w-icine and delivered to the applicant.
The applicant mav, upon receipt of such notice of deaial, appeal such denial io the cin�
council, �cithin 10 daps of the receipt of the denial, by filine a notice of appeal �»th the
cin� clerk oi the city. The council shall set the ma[ter of the denial for hearing in the same ,
manner as set forth in C\%T4C �38.210 znd �.38.220. (Ord. 2�06 � 1; 1992; Ord. 2408
§ 1; 1990; Ord. 1961 § 1, 19fi2; Ord. 1931 § 1, 1951; Ord. 1008 § 2. 1966: prior code
§ 17.2).
Ordinance 3299
Pave 6
5.38:040 Pa�.:nbroker or secondhand dealer—.Records_to be kept:
.All paumb;okers and dealers in secondhand ar[icles of every kind,namre and description
shall keep a record on forms appro��ed by the chief of police of an�= and all artides
acquired by such persons by purchase; pledge or otherw�se. Each transaction shall be kept
in chronoloeical order concurrent u7th the makin� of said transaction; and shall at all
times during ordinan�business hours be open to inspection b}� an}�police officer of the
city. (Ord. 193d § 1, 1951; Ord. 1008 § 2, 1966; prior code § 173(A)).
5.38A�0_Pa��,nbroker,junk or secondhand dealer—.Re�orts_re4uired—Time:
A. E��ery pa���nbroker; secondhand and junk dealer, on each da}� except Sundays and !egal
holidays;before the hour of]0:00 a.m., shall mal:e and deliver to the chief of police, in
���ritine; upon blank forms of a n�pe and content as approved by the chief of pofice and
provided b}� said pa�vnbroker or junk dealer, a full, true and complete report, in
chronological order, of all dealings in secondhand goods, wares and merchandise by such
pawnbroker or junk dealer during the 24 hours preceding said report.
B. E�:ceptions. The follo�+�in�are excluded from the operation ofthis chapter:
L Secondhand propertq which a dealer has acquired from another person H�ho,
under applicabfe state and/or local laws, has previously reported such secondhand
property to the appropriate police agency.
The dealer acquiring such property shal] keep records of all such acquisitions,
�vhich shall be presented to the police department upon demand. (Ord. 1931 § 1,
1981; Ord. ]769 § ]: 1977; Ord. 1008 � 2, 1966; prior code § 173(B)).
5.38.060 Pa��nbroker or secondhand dealer—Records and reports—Contents
rec�uired.
..............................................................................................................................................
The records and reports described in CVT4C 538.040 and 538A�0 shall contain the time
of day when the article ���as purchased or received, a complete description of each artide
purchased or received; and a reasonable description of the person or persons from �ehom
purchased or received, or with whom dealt, and the We name and address of such person
or persons, as neazly as same is kno���n to; or can be ascertained by,the person making
such report, and a certification by the intended seller that to his or her kno�vledge and
belief the inforn�ation is true and complete. If any such article purchased or received has
engra��ed thereon any serial number, word or initial, or contains any setting of any kind;
the description of such article shall bontain such seria] number, word or initial, and shall
sho�v the kind of setting or settings and the number of each kind. Such records shal] also
contain the amounts of money loaned and the length of time during�i�hich such loan is to
continue and the rate of interest eaacted for such loan. Any such report made, deli�-ered
or recei��ed pursuant to this chapter shal] be open only to the inspection of the police
department of the city, unless e�hibited by order of court of competent jurisdiction. (Ord.
1931 � I, 1981; Ord. 1008 y 2; 1966; prior code § 173(C)).
Ordinance 3299
Paee 7
5.38.070 Junk dealer or collectorlRecords ro be ke�t�__ _�_, _
.4!1 p°rsons eneae°d as junk deale:s o:co!]eciors shall keep a record of am�and zll
a�icles acquired b}�purchase, s�rap or othern�se; which record shall con•.ain the nasne
aad address of seller; date of tr2nsaction and such other info;mation az may be reqei;ed _
b� the chief of police. Such records may b^ desvoyed afrer one veaz. Am� such repon or
record made; delivered or recei��ee� pursuant to [his chapter shall be open onh� to the
Lnspection of the police department during ordinan�business hows, unless e.�hibited by
order of a court of compe[ent jurisdiction. (Ord. 1005 § 2; 1966; prior code § 17.4).
�.38.080 Use of fictitious nam�rohibited___ __ ___ _ _____ _ _ _
It is unla��fitl for an�•person to si� or give a fictitious name or address upon the de�osit
sale or pledee of an}• eoods; �t�ares, merchandis: or thine of�•alue, or for ase in ihe report
?orm required to be made b��the p;o�•isions of ilvs chapter or for use in the reeister
requ'ued to be kept by the pro�RSio�s of Section 339 of the Penal Code. (Ord. 1005 � 2,
1966; prior code § 17S).
�.38.08� Transacting business with minors �ro6ibited. ___ __ _
\o paHnbroker o; secondhand dealer or}unl: dealer shalf purchase or recei��e in pledee
anv�ersona] properry from an� person under the age of 18 �ears. (Ord. 1931 � ]; ]9S1).
�.38.090 Disposal of inerchandise—Restrictioos: _______ __�^___ _^
It is unlz�vfisl for an��pa��mbroker or secondhand dealer to sell or othen+ise dispose of
an}� article; merchandise or object ���thin 30 days, except to.the pledeor 2frer sarne has
been recei��ed or purch�sed; or to fail to keep such article, merchandise or object
unaltered; as pledeed or purchased, in lots separate znd apan from other articles:
merchandise or objects in the place of business of such pa��mbroker or secondh2nd dealer
in the ciq�for a period of 30 da�•s from the date of pledge or purchase thereo£ except
upon the appro��al of the chief of poGce; provided; ho�yever,that junk dealers; collectors;
and secondhand dealers may; upon appro��al of the chief of police; sell or othernise
dispose of anv such items���thin seven days. (Ord. 1931 § 1, 19S 1; Ord. ]008 � 2; 1966;
prior code � 17.6).
538.100 Hours and da��s for conductinA business. _ _ _______ _ __`___ _ __
..----...--�--�----�-----....._..--------.......... ---__.__.
It is unla���ful ior any person conducting, manaeing or carn�na on the business of
pa�tinbroker or secondhand dealer: bu�ing or selline used je��°elrv, �vatches,diamonds;
clothing; musical insvuments, luseaee and sports eoods, except a dealer in secondhand .
auiomobiles o:furnirure. to conduct such business as follo���s:
A. Benveen the hours of 6:30 p.m. and 5:30 a.m. on �veekda��s: escept that durinQ the
month of December such places of business shall be permitted to remain open until 9:00
p.m.;
Ordinance 3299
Pa��e S
B. Betw�een the hou;s of 6:30 p.m. on Saturda�� and 8:30 a.m. on r4onda};
C. On the follo���in2 holida��s: Ne���Yeaz's Da}=, A4emorial Day, the Founh of Jul��; Labor
Day; Tharil:sgi��in�Day, and Christmas Day. (Ord. l Q08 § 2; 1966; prior code § 17.7).
538110.Exceptions to a��licabilih�—Donations:
......... . .............._......................................._..... ...._..._...._..
The provisions of this chapter shall not apply to an}� person ���ho sells or deals in
secondhand goods, �razes or merchandise���hich have been donated to said person or the
oroanization H�hich he represents. A donation occurs, for the purposes of[his chapter,
when a eifr is made to the person or his organization, for ti�hich gift no money; property
or other goods or services of��alue aze eachanged or to be recei��ed in the future. (Ord.
1005 § 2; 1966; prior code y ]7.S):
�.38:120_Pat��ncho�'Em�lo�.cc identification card required. . .. .. .. .. ____......._..............
Every person who is to be employed by the o�roer of the pa�vnshop in the conduct of the
business shall first file an application for an identification card, signed by the applicant
with the chief of police. The application shall show the follo�ving information:
A. Permanent home address and full local address of the applicant;
B. A photo�aph of the applicant; tal:en H�ithin 60 days immediately prior to the date of
the filing of the application, ���hich picture shall be two inches by two inches; sho���in�the
head and shoulders of the applicant in a clear and distinguishing manner;
C. The finoerprints of the applicant;
D. A statement as to ���hether or not the applicant has e��er been convicted of anp offense
invoh�ing stolen property, and if so, the details in general of such convictions, and
specifying the particular crimes or misdemeanors invoh�ed and the dates and places of
such convictions.
No person carrying on the business of a panmbroker shal] employ anyone vrho has not
recei��ed such a police identification cazd and such identification card shall not be issued
if the applicant has been com�icted of a crime im�olving stolen property. A nonrefundable
required fee(s); or the required rene���al fee(s); shal] be charged for such identification
card. Such identification cards, ���hen issued; shall e�pire one year from the date of
issuance and map be rene���ed onl�� b�� filing a wriiten request for rene�val, accompanied
by the annual license fee and a cop�� of the license to be renewed. (Ord. 2506 � ], 1992;
Ord. 2408 § 1, 7990; Ord. 1961 § 1, 1952; Ord. ]931 § 1, 1981; Ord. 1680 § l, 1976;
Ord. ]008 § 2, 1966; prior code § 17.9). .
Ordinance 3299
Page 9
538.130 Junlq ard, secood6and dealer or auto «�recker— Compliance reqvired —
Generall��.
It is unla�iul for any person to cam� on; maintain or conduct the basiness ofjurd: dealer,
junk collecto;; sal��aee or jwi�.��a;d, or junk or secondhand material storage or to deal in
secondhand anicles; othe:than motor vehicles, in the cit��. or to cam� on; maintzin or
conduct the business of auto ��recker, �+�hether conducted in conjunction n�th the sale of
used motor��ehicles or not; uriless such business is carried on, maintained or co�ducted in
compliance ���th the reeulations set forth in this chapter. (Ord. ]008 § 2; 1966; prior code
§ 17.10).
538.140 Juo6�'ard, secondhand dealer or auto ��'recker—Enclosure rec�uired._ _____
Anv business d:scribed in C�'�9C �38.130 shall be carried on; maintained or conducted
entirel�� insid: an enclosed building; unless the premises on ���hich such business is
carried on; maintained or conducted is entirely enclosed b}� a solid fence or�vall at least
six feet in heieht and consuucted according to the requirements of the buildine code. The
fence or���all required by this section shall be maint2ined in a neat substantial; safe
condition and shall be painted. (Ord. 1005 § Z: 19b6: prior code � 17.11).
5.38150 Jun6�_a�d, secondhaud dealer or auto �rrecker—Gates on fence. __
Fence eates for access to the premises shall not s�+�ine ourivazdly. and shall be kept closed
�ahen the premises aze not open for business. T'ot more than one eate shall b:constructed
and maintained on each side of the lot or pazcel of real property on ���hich such bisiness '
is conducted, and no such gate shall e�ceed 20 feet in ��idth. (Ord. 1008 § 2; ]966; prio;
code § 17.12).
�38.160 Jun6yard, secondhand dealer or auro «'recker—Permitted height of stored
materials.
\'o junl:: secondhti�d articles; automobile salvaeed parts; metals; tires or accessories shall
be piled, or p:rmitted to be piled, in eacess of the height of the enclosine fence o;���all; or
nearer than n��o ieet thereto.I�'o automobile shall b: stored or piled on top of another
automobile. (O;d. ]008 � 2; 1966; priorcode § 17.1i).
�.38.170 Jun6�'ard,secondhand dealer or auto wrecker—Signs or materials not
.�ermitted �6ere.
__.__._--------•--------._._----.._—____._.._..-- �----------�----
?do signs, ne«�materials offered for sale,junl:; secondhand articles; automobiles,
automobile pars; mesals, tires or accessories shall be displayed; offered for sale; stored
� upon; or deposited upon am� public sveet; alle�•. sidewalk, public park���a}• or otLer public
place. (Ord. 1008 y� 2; 1966; prior code � ]7.14).
Ordinance 3299
Page 10
538.180 Junkyard, secondhand dealer or auto ��•recker—Inflammable [iquids to be
drained from �•ehicles.
.._............._.........................................................._......................................................................................._......................._.........._.._..............
.All eas or other inflammable ]iquids shall be drained and removed from any unreeistered
motor��ehicle located thereon. (Ord. ]008 § 2, 1966; prior code § 17.15).
5.38.190 Jun6��ard, secondhand dealer or auto ���recker—Inspection requirements.
...._.._...._.....................r................_..__...._................
The premises shall be so arranged that reasonable inspection or access to al] parts of the
premises can be had at any time by the proper fire; health,police and building authorities.
(Ord. 1008 § 2; 1966; prior code § 17.16).
538.200 Junk��ard, secondhand dealer or auto ��•reckcr—Compliance required —
License rere uisite. - "
. _..................�?.........._9..........................._......................................................._........................................................................_...........................
No license, nor any rene�va] thereof; shall be hereafrer issued unless or until the chief of
police has reported to ihe finance officer that the provisions of CVn4C 5.38.130 throu2h
5.38.190 ha��e b'een complied���ith. (Ord. 1�08 �+ 2, 1966;prior code � 17.17).
5.38.210 License— Re��ocation or suspension ��_hen.
.............................................................................................. ................_....._...................._..............................................
In the e��ent that any person holding a license authorizing him to engage in, conduct,
manage or carry on the business of a pa���nbroker or secondhand dealer,or any agent or
employee of any such person; ��iolates or causes or permits to be violated any of the
provisions of this chapter, or has been convicted of any crime invoh�ing stolen property;
the Chief of Police shall, in addition to the other penalties provided by this chapter,
forthwith suspend the business license or licenses and cause said business to be
immediately closed. The Chief of Police shall notify the license holder of the suspension
of said lice�ise by delivering a notice of such suspension to the license holder or his agent
or emplo}�ee. Delivery of such notice may be made personally or by placin� such notice
in an en�-elope properly addressed to such license holder H�ith postage prepaid, sealed and
deposited in the United States mail. A licensee, upon suspension of such license; shall
have the right to appeal to the City Manager from such order of suspension by the Chief
of Police by the filing of a notice of appeal, paying appropriate appeal fees as set forth in
the master fee schedule and stating tl�e grounds therefor. Such appeal shall be filed with
the City n4anager N�ithin J O days afier notification of suspension. "The City Manager shall
utilize the provisions of Chapter 1.40 CVMC reaazding notice, appeal and hearing
go�-eming the eshaustion of administrati��e remedy for the revoca[ion or suspension of
permits. (Ord. 2715 � L 1998; Ord. 1931 § 1, 1981; Ord. 1761 § l, 1977; Ord. ]008 � 2;
1966; prior code § 17.18(A)).
Ordinance 3299
Paee 11
a3S.220 License— Public heariog on sus�ension/re��ocation. _ `__ �
The City?�4anager shall refer the noiice o;appeal for hearine ia accordance ��ith Chapter
1.?0 CVMC. and the licensee shal] be notii�ed in w�ritine of the time; place and date of
heari�g: ���hich shall b: not less n'�an ]0 da�-s from the filine of the notice of appeal. I;the
licelse o;.licenses of an}• penon licer.sed by this chapter is so reti�oked; no license shall
b^ eranted to such person to conduct or carn�on such business ��Rthin sis mo�ths after
such re��oc2tion. Duriae the period of suspension or reeocation.the Chief of Police shall
sequester am�nledeed or oa��ned eoods and hold said gooes at the police station in the
Citv or other secured location, and shali post an appropriate notice at the place of
basiness that such soods may be redaimed at the police station. (Ord. 2718 y l, 1998;
Ord. ]761 § l, 1977; Ord. 1005 y 2, 1966; prior code § 17.18(B)).
.