HomeMy WebLinkAboutAgenda Statement 1981/01/27 Item 13
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COUNCIL AGENDA STATEMENT
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Item '1"6
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Meeting Date 1/~/8l
ITEM TITLE: Ordinance
- Amending Chapter 5.38 of the Municipal Code
in regard to Secondhand Dealers
SECOND READING AND ADOPTIONI4/5th Vote: Yes
City Attorney ., S
No_)
SUBMITTED BY:
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The California State Business and Professions Code dealing with
secondhand dealers has been amended effective January 1, 1981 and
Chula Vista's Municipal Code sections should be updated to be
consistent with the State law.
RECOMMENDATION: That the Council adopt the ordinance.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
In conjunction with the Police Department, the City Attorney's
office has reviewed the changes in State law with regard to second-
hand dealers and it is my opinion that the Municipal Code should
be amended to reflect the changes in State law.
State law allavs a person who has not been convicted of a crime
involving stolen property to obtain a license to deal in second-
hand goods. The Municipal Code has used the more archaic restric-
tion barring anyone convicted of a crime of moral turpitude. This
restriction is vague and probably violates the right of substan-
tive due process in that there must be a relationship between a
crime and the prohibited activity. The propos ed amendrrents
correct this problem.
The new State law provides for a Department of Justice form to be
used in reporting transactions in secondhand goods and the
proposed amendrrents would incorporate reporting on this form. The
State law also requires that dealers report daily and the proposed
amendrrents would incorporate this daily reporting requirement into
the Municipal Code.
The Municipal Code has required that dealers record the license
number and description of a vehicle of any person with whom they
are transacting business. The Police Department has found this.
requirement both impractical and unenforceable and has requested
that it be deleted. The proposed amendrrents would do so. At the
same time, the amendments would add the requirement that the
person selling secondhand goods to a dealer give his or her
address as well as a signed certification that all information
given is true and complete as required by State law.
Form A-113 (Rev. 11/79)
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Agenda Item No. 13
Week of l/~/8l
Page Two ,1.,
The new amendrrents would prohibit secondhand dealers from
transacting business with minors under the age of 18. It is hoped
that this would make it more difficult for youthful burglars to
"fence" stolen goods. The problem with youth crime, particularly
burglaries, has mushroomed in recent years and this provision may
be an aid to law enforcement in this area.
The whole thrust of the amendrrents to State law and to the
proposed amendments to the Municipal Code are meant to make laws
throughout the State of California more uniform and to aid law
enforcement officers in their attempts to stop the flow of stolen
goods from criminals to commerce.
TJH: 19k