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HomeMy WebLinkAboutOrd 1981-1931 Revised 1/22/81 ORDINANCE NO. 1931 AN ORDINANCE OF THE CITY OF CHULA VISTA<AMENDING CHAPTER 5.38 OF THE CHULA VISTA MUNICIPAL CODE, ALL RELATING TO SECONDHAND DEALERS-. The City Council of the City of Chula Vista does ordain as follows: SECTION I: That Sections 5.38.020, 5.38.030, 5.38.040, 5.38.050, 5.38.060, 5.38.090, 5.38.120 and 5.38.210 are hereby amended, and a new Section 5.38.085 is hereby added, all to read as follows: Sec. 5.38.020 Definitions. For the purpose of this chapter and the licensing requirements of Title 5 of this code, the following definitions shall apply: A. "Auto recycler" means and is any person engaged in the purchasing of motor vehicles or used motor vehicle parts or used motor vehicle motors as the term "motor vehicle" is defined in the California Vehicle Code, for the purpose of reconditioning and salvaging, or dismantling or disassembling of parts, materials, tires and accessories for the purpose of reconditioning any other motor vehicle, or selling or othezwise dealing in the materials or parts of motor vehicles, or for the resale of such items. Any person who has dismantled three or more motor vehicles for the above purposes during any one calendar year shall be classified as an auto recycler. B. "Junk collector" means and is defined as 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 (including gold or mercury), or other articles commonly known as junk. C. "Junk dealer" means and is defined as a person, not an auto wrecker, 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 old rags, sacks, bottles, cans, papers, metal (including gold and mercury) or other worn or discarded articles either at wholesale or retail. D. "Pawnbroker" means and is defined as a person engaged in, conducting, managing or carrying on the .... business of pawnbroking, or the business of loaning money, for himself or for 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. -1- E. "Pawnshop" means and is defined to be any room, store or place in which any such business is engaged in, carried on, or conducted. F. "Secondhand dealer" means and is defined as any person buying, selling or otherwise dealing in secondhand goods, wares and merchandise other than a used car dealer, a dealer in secondhand books or magazines, or secondhand clothing of less than ten dollars in value. Sec. 5.38. 030 License-Permit Prerequisite- Investigation Fee-Application- Contents Required. A. No license shall be issued to any pawnbroker, junk or secondhand dealer in the city as defined herein pursuant to the provisions contained in Section 5.38.010 without the written approval and a permit therefor first having been obtained from the chief of police. The chief of police shall charge a fee in the sum of eighty dollars to cover the cost of investigating the applicant. Every person wishing to engage in the business of pawnbroker or junk or secondhand dealer shall file an application for a permit, signed by the applicant, with the chief of police, and said application shall show the follc~ing information: 1. Permanent home address and full local address of applicant; 2. A brief description of the nature of the business and goods to be sold; 3. A photograph of the applicant, taken within sixty days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner; 4. The fingerprints of the applicant; 5. A statement as to whether or not the applicant has ever been convicted of any offense involving stolen property, and if so, the details in general of such convictions, and specifying the particular crimes or misdemeanors involved and the dates and places of such convictions. B. In the event that the chief of police, upon investigation, should determine that the issuance of such a permit to the applicant would be detrimental to the public health, safety, and general welfare of the city, either because of the moral character of the applicant or the creation of a policing problem as a result of the establishment of a pawnshop or junk or secondhand shop in a particular location, or showing that an increase in the number of pawnshops or junk or secondhand shops over and above the existing number within the city would be detrimental to the public health, safety and general welfare, said findings shall be prepared in writing and delivered to the applicant. The applicant may, upon receipt of such notice of denial, appeal such denial to the City Council within ten days of the receipt of the denial, by filing a notice of appeal with the city clerk of the city. The Council shall set the matter of the denial for hearing in the same manner as set forth in Sections 5.38.210 and 5.38.220 of this chapter. Sec. 5.38.040 Pawnbroker or Secondhand Dealer- Records to be kept. All pawnbrokers and dealers in secondhand articles of every kind, nature and description shall keep a record on forms approvedby the chief of police of any and all articles acquired by such person by purchase, pledge or otherwise. Each transaction shall be kept in chrono- logical order concurrent with the making of said trans- action, and shall at all times during ordinary business hours be open to inspection by any police officer of the city. Sec. 5.38.050 Pawnbroker, Junk or Secondhand Dealer-Reports Required-Time. A. Every pawnbroker, secondhand and junk dealer, on each day except Sundays, and legal holidays, before the hour of ten a.m., shall make and deliver to the chief of police, in writing, upon blank forms of a type and content as approved by te chief of police and provided by said pawnbroker 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 twenty-four hours preceding said report. B. EXCEPTIONS. The following are excluded from the operations of this chapter: Secondhand property which a dealer has acquired from another person who, under applicable state and/or local laws, has previously reported such secondhand property to the appropriate police agency. The dealer acquiring such property shall keep records of all such acquisitions which shall be presented to the police depart- ment upon demand. Sec. 5.38.060 Pawbroker or Secondhand Dealer- Records and Reports-Contents Required. The records and reports described in Sections 5.38.040 and 5.38.050 shall contain the time of day when the article was purchased or received, a complete description of each article purchased or received, and a reasonable description of the person or persons from whom purchased or received, or with whom dealt, and the true name and address of such person or persons as nearly as same is kncwn to or can be ascertained by the person making such report and a certification by the intended seller that to his or her knowledge and belief the information is true and complete. If any such article purchased or received shall have engraved thereon any serial numbeL word or initial, or shall contain any setting of any kind, the description of such article shall contain such serial number, word or initial, and shall show the kind of setting or settings and the number of each kind. Such records shall also contain the amounts of money loaned and the length of time during which such loan is to continue and the rate of interest exacted for such loan. Any such report made, delivered or received pursuant to this ordinance shall be open only to the inspection of the police department of the city, unless exhibited by order of court of competent jurisdiction. Sec. 5.38.085 Transacting Business with Minors Prohibited. No pawnbroker or secondhand dealer or junk dealer shall purchase or receive in pledge any personal property from any person under the age of eighteen years- Sec. 5.38.090 Disposal of Merchandise-Restrictions. It is unlawful for any pawnbroker or secondhand dealer to sell or otherwise dispose of any article, merchandise or object within thirty days, except to the pledgor after same has been received or purchased, or to fail to keep such article, merchandise or object unaltered, as pledged or purchased, in lots separate and apart from other articles, merchandise or objects in the place of business of such pawnbroker or secondhand dealer within the City of Chula Vista for a period of thirty days from the date of pledge or purchase thereof, except upon the approval of the chief of police, provided, hc~ever, that junk dealers, collectors and secondhand dealers may, upon approval of the chief of police, sell or otherwise dispose of any such items within seven days. Sec. 5.38.120 Pawnshop-Employee Identification Card Required. Every person who is to be employed by the owner of the pawnbroker 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 sh~ the follcwing information: A. Permanent home address and the full local address of the applicant; B. A photograph of the applicant, taken within sixty days immediately prior to the date of the filing of the applications, which picture shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner; C. The fingerprints of the applicant; D. A statement as to whether or not the applicant has ever been convicted of any crime or misdemeanor involving stolen property, and if so, the details in general of such convictions, and specifying the particular crimes or misdemeanors involved and the dates and places of such convictions. No person carrying on the business of a pawnbroker shall employ anyone who has not received such a police identification card and such identification card shall not be issued if the applicant has been convicted of a crime involving stolen property. A fee of twenty dollars shall be charged for such identification card. Sec. 5.38.210 License-Revocation or SuspensionWhen. In the event that any person holding a license authorizing him to engage in, condact, manage or carry on the business of a pawnbroker or secondhand dealer, or any agency or employee of any such person shall violate or cause or permit to be violated any of the provisions of this chapter, or shall have been convicted of any crime involving stolen property, the chief of police shall, in addition to the other penalties providedby 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 licenseby delivering a notice of such suspension to the license holder or his agent or employee. Delivery of such notice may be made personally or by placing such notice in an envelope properly addressed to such license holder with 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 Council from such order of suspension by the chief of police by the filing of a notice of appeal and stating the grounds therefor. Such appeal shall be filed with the city clerk fifteen days after notification of suspension. SECTION II: This ordinance shall take effect and be in full force and effect on the thirty-first day from and after its adoption. Presented and Approved as to form by George D. Lindberg, City Attorney FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE FY OF CHULA VISTA, CALIFORNIA, HELD January 20 19 81 AND FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD January 27 } 19 81 , BY THE FOLLOWING VOTE, TO-WIT: AYES: Councilmen: Scott, Hyde, Cox, McCandliss None NAYES: Councilmen: None ABSTAIN: Councilmen: Gil low ABSENT: Councilmen: -"'l Mayor of the City of Chulo Vista / ATTEST -'~'/'~2 City Clerk L, STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of ORDINANCE NO, 1931 ,and that the same has not been amended or repealed. DATED (seal) City Clerk CC-660 ORDINANCE NO. 1931 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 5.38 OF THE CHULA VISTA MUNICIPAL CODE, ALL RELATING TO SECONDHAND DEALERS By a unanimous vote on February 3, 1981, the City Council placed the ordinance on its second reading and adoption. Generally, it updates the City's Municipal Code sections to be consistent with the State law which was amended effective January 1, 1981. The ordinance addresses the matters of the form to be used in reporting transactions in secondhand goods, those persons eligible to obtain a license, and prohibition from transacting business with minors under the age of 18. Copies of the ordinance are available at the office of the City Clerk, City Hall, 276 Fourth Avenue, Chula Vista.