HomeMy WebLinkAboutOrd 1001-1986 ORDINANCE NO. 1001'86
AN ORDINANCE ADDING CHAPTER 6.92 ENTITLED
"PAWNBROKER/SECONDHAND DEALER REGULATED" TO THE
SOUTH SANFRANCISCO MUNICIPAL CODE '
THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS
FOLLOWS:
SECTION 1. CHAPTER 6.92 ADDED TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE.
Chapter 6.92 entitled "Pawnbroker/Secondhand Dealer Regulated" is hereby
added to the South San Francisco Municipal Code and shall read as follows:
"PAWNBROKER/SECONDHAND DEALER
Sections:
6.92.010 General Prohibition
6.92.020 Definitions
6.92.030
6.92.040
6.92.050
6.92.060
6.92.070
6.92.080
6.92.090
6.92.100
6.92.110
6.92.120
6.92.130
6.92.140
6.92.150
6.92.160
6.92.170
6.92.180
6.92.190
6.92.200
6.92.210
6.92.220
6.92.230
6.92.240
6.92.250
6.92.260
6.92.270
Use Permit Required for Designated Activities
Use Permit--Application
Permit Application Review
Report by Chief of Police
Issuance of Use Permit
Business License Fee
Pawnbroker/Secondhand Dealers Use Permit--Nontransferable
Place of Business--Location Not Transferable
Recordkeeping of All Transactions--Permanent Record Required
Recordkeeping of All Transactions--Form Cards
Delivery of Form Cards to Chief of Police
Inspection of Records
Goods to be Held for Thirty (30) Days
Proof of Ownership Declaration
Receiving Goods from Certain Persons Prohibited
Identification Defined for Sections Pertaining to Pawnbrokers
and Secondhand Dealers
Fingerprinting Required
Use Permit-Grounds for Revocation
Hearing and Appeal
Compliance with Regulations Required
Posting of Licenses and Signs
Signs--Compliance to City Ordinances Required
Violation--Nuisance
Violation--Penalty
Remedies Cumulative
6.92.010 General Prohibition.
(a) It is unlawful for any person to operate a business in a manner pro-
hibited by this chapter.
(b) No person shall engage in or carry on the business of a pawnbroker,
or secondhand dealer unless he has a valid business license issued by the City
of South San Francisco pursuant to the provisions of Title 6 of this Code,
and a Use Permit issued pursuant to the provisions of this chapter.
6.92.020 Definitions.
(a) "Chief of Police" - means the Chief of Police of the City of South San
Francisco.
(b) "City" - means the City of South San Francisco.
{c) "Pawnbroker" - means every person who keeps a place of business where
personal property is received and for which money is advanced, with the right of
privilege granted to the person to whom said money is advanced to reclaim such
property upon repayment of said money, together with all legal changes incident
thereto. This chapter does not regulate banks, savings and loan institutions,
credit unions, or other banking organizations regulated by state or federal law.
(d) "Permit" - means a Use Permit to operate or engage in the activities of
a pawnbroker/secondhand dealer as required by this chapter.
(e) "Person" - means any person, firm, partnership, association, corporation,
company, or organization of any kind.
(f) "Secondhand dealer" - means every person who engages in the business of
buying, selling, or exchanging, whether as a separate business or in connection
with other businesses, when the buying or selling of secondhand tangible personal
property exceeds twenty (20%) percent of the gross sales and purchases in the
regular course of business, any secondhand property with a serial number, persona-
lized initial or inscription, or which at the time of acquisition bears evidence
of having had a serial number, or personalized initials or inscriptions, jewelry,
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or sterling silver utensils, excepting however, gift exchange establishments
whose business consists exclusively of the exchanging of new and unused
personal property for some other type of new and unused personal property,
secondhand automobile dealers, automobile wrecking establishments, flea markets,
and garage sales with or without payment of a reasonable fee for the exchange
services rendered~
6~92~030 ~Use'Permit'Required'forDesignated'Activities~ It is unlawful for
any person to advertise or carry on the business of pawnbroker or secondhand
dealer without first obtaining a Use Permit from the Planning Commission, as
provided in this chapter and Title 20 of this code~
6i92~040' Use Permit-~ApplicationJ Every person desiring to establish or
operate any of the businesses or activities described in Section 6~92~020 (c)
and (f) in this City, shall make a written application for a Use Permit as
required by Title 20 of this code~ In addition to the fees required by Chapter
20, such application shall be accompanied by a nonrefundable processing fee as
set by Resolution of the City Council, shall be verified, and shall contain the
fol 1 owing i nformati on:
(a) True name and address of applicant;
(b) Date and place of birth of the applicant;
(c) The address of the proposed business in the City;
(d) Whether the applicant has ever been convicted of a crime, excluding
minor traffic violations, and if so, the nature of the offense~
(e) Employment or business record for the previous five (5) years;
(f) Fingerprints of the applicant, on a suitable form (to be taken by the
Pol ice Department);
(g) Two and one-half inch by one and one-half inch photographs of the appli-
cant taken within six (6) months of the application;
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(h) The fingerprints, identifying information, photographs of all partners,
agents or employees of the applicant (fingerprints to be taken by the Police
Department); and
(i) Such other and further information as the Chief of Police may find
necessary to process the application~
It shall be the responsibility of the individual making application for a
pawnbroker or secondhand dealer Use Permit to obtain Department of Justice Form
#125 (Application for Secondhand Dealer License under California Business and
Professions Code Section 21461) and submit a copy of that document, with a South
San Francisco Police Department application for pawnbroker/secondhand dealer,
with the Use Permit application for pawnbroker/secondhand dealer, and a receipt
from the City Department of Finance showing proof of payment of fees per Section
6~92~040(a) ~
6 ~ 92 ~050' 'P ermi t 'Appl i cati on' Review
(a) Upon receipt of application for a Use Permit, the Planning Director
shall forward said application to the Chief of Police who shall cause an in-
vestigation to be made into the background of the applicant and any other
persons involved in the operation of said business for whom fingerprints have
been submitted~ The required nonrefundable processing fee shall be used solely
to defray the costs of the police investigation required herein and shall be
paid to the City Clerk at the time of receipt of the application~
(b) If the Police Department ascertains that the applicant or any of the
other persons involved in the operation of said business has a criminal record,
submitted a falsified application, or is of undesirable character, it shall be
the duty of the Chief of Police to report such matters, at the earliest possible
date, to the Planning Commission with his recommendation and, in the meantime,
no license or permit may be issued to such person, pending action by the Plann-
ing Commission~
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6.92.060 Report by Chief of'Police. The Chief of Police shall report to
the Planning Director regarding the results of the investigation conducted pur-
suant to Section 6.92.040, within One Hundred Eighty (180) days from the date
or receipt of the application, and shall include in his report a recommendation
to deny or approve said Use Permit and the specific reasons for that recommenda-
tion. Said report shall be considered by the Planning Commission in reaching a
decision to issue or not to issue a Use Permit.
6.92.070 Issuance of Use Permit. The actual issuance of a pawnbroker/second-
hand dealerUse Permit shall be governed by the provisions of Title 20 of this code.
6.92.080 Business License Fee. Prior to the issuance of said Use Permit,
business license fees shall be paid in accordance with the applicable provisions
of Chapter 6.04 and 6.16.
6.92.090 Pawnbroker/Secondhand Dealers Use Permit--Nontransferable. Any
Use Permit, together with the privileges conferred thereby, issued to a person
to engage in business as a pawnbroker or a secondhand dealer, shall be non-
transferable, and any attempt to transfer said permit to any other person,
business, corporation, partnership or organization shall be void and of no
effect.
6,92~100 Place of'Business-Location Not Transferable. No permit issued
authorizing a person to engage in business as a pawnbroker or secondhand dealer
shall be deemed to authorize the conduct of said business at any location other
than the specific location set forth on the permit and which theretofore has been
approved by the Chief of Police and Planning Commission. A permittee may re-
locate his business after receiving prior approval from the Chief of Police and
applying for a modification to his Use Permit through the City Planning Commis-
sion~ Such location must be in accord with zoning requirements of the City of
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South San Francisco. No pawnbroker's or secondhand dealer's permit will be re-
newed for a location other than that for which the previous permit was issued
without prior notification and approval of the Chief of Police and the Planning
Commi ssi on.
6.92,110 Recordkeeping of All Transactions--Permanent Record ReQuired.
Every person managing, maintaining, or conducting the business of pawnbroker,
or secondhand dealer in the City shall keep at the place of business:
(a) A permanent bound book containing a record in which a description of
each article received or delivered in each transaction sufficient to identify
the same, including all particular or prominent marks or identification that
may be found on such property. Said record shall be legibly recorded in the
English language, in ink, at the time of every purchase, exchange, pledge,
pawn or other transfer of possession of any article, or loan thereon, and
shall contain the name, age, sex, residence, and an accurate description of
the person from whom received, the amount of money paid or received in such
transaction, and the date and hour of the transaction; or
{b) A hardcopy computer printout containing the same information as re-
quired in Section (a) above may be substituted for the permanent bound book.
The printout shall be preserved in chronological order by date or transaction
number.
{c) Such records shall be maintained for a period of not less than three
(3) years.
6~92,120 Recordkeeping of All Transactions--Form Cards, In addition to the
keeping of a permanent record, every person engaged in the pawnbroker or second-
hand dealer business shall be required, at the time of taking or receiving any
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article, to place the description of the article pledged, received, or taken in
the appropriate spaces provided on a blank Pawnbroker/Secondhand Dealer Report.
State and city licensed pawnbrokers and secondhand dealers shall use the forms
approved by the State of California, purchased by the pawnbroker or secondhand
dealer at cost from the State. The description of the articles shall be complete
and reasonably accurate so as to reasonably aid the police in identifying stolen
property in cases of theft. The permittee shall fill in all applicable blank
spaces appearing on the form. A separate blank form shall be provided and used
for each such article pledged, bought, received, or taken in trade. On said
blank form, there shall be legibly printed the pledger's name and address.
6.92.130 Delivery of Form Cards to Chief of Police. The permittee shall
fill in the type of card required for each article pledged, pawned, bought, or
received. On every business day, on or before the hour of five (5) o'clock p~m.,
all of such cards describing the goods, articles, or things pledged, pawned,
bought or received during the preceding day, and containing the description and
signature of the person so pledging or pawning, or giving the same, shall be
hand delivered to the Chief of Police or his duly authorized designee. Mailing
the report forms will not satisfy the requirements of this Section.
6.92,140 Inspection of Records. During normal business hours, the records
shall be open to inspection by the Chief of Police of the city or his designee.
6.92.150 Goods to be Held for Thirty (30) Days. All articles purchased,
received, exchanged, pledged, pawned, or otherwise taken into possession by
any person operating any pawnbroker business or secondhand dealer business,
should be segregated and made available for inspection by the Police Department
in the place of business of the permittee for a period of five (5) days immedi-
ately following receipt of the same, and shall be held for a period of thirty
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(30) days after receipt thereof before being sold, exchanged or removed from
the place of business, except as provided in Section 21201 of the California
Financial Code. Any such article may be delivered or returned to the true owner
or to his authorized agent at any time, providing a hold has not been placed on
such article by the Police.
6.92.160 Proof of Ownership Declaration.
(a) No permittee, manager, agent, or employee shall take or receive any
goods, articles, or things from any person without first determining that the
person presenting the item for sale, purchase, pledge, exchange or pawn is the
true, legal owner of said property. The permittee, manager, agent, or employee
shall require the person to present adequate evidence authority to sell the
item presented which, for the purposes of this section, shall mean a receipt
for the item identifying the owner and describing the item presented. A Proof
of Ownership Declaration may be substituted for a receipt, if compliance with
regulations set forth in Section 6.92.160(b) below, are met. The Proof of
Ownership Declaration shall be included on the form approved by the State of
California. A verbal response from the person asserting ownership of the item,
is not considered adequate proof of ownership~
(b) No permittee, manager, agent, or employee shall take or receive any
goods, articles, or things from any person who refuses to execute a Proof of
Ownership Declaration in cases in which the person does not present adequate
evidence of authority to sell as required in subsection (a) above.
6.92~170 Receiving Goods from Certain Persons Prohibited. No permittee,
manager, agent, or employee, shall take or receive any goods, articles, or
things from any person who is in an intoxicated condition, or a person under
eighteen (18) years of age.
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6.92.180 Identification Defined for Sections Pertaining to Pawnbrokers
and Secondhand Dealers. No pawnbroker or secondhand deal er shall receive
any goods or take any goods in pledge unless identification has been determined
after examination of at least one of the means of identification listed below,
and unless the identification presented does, in fact, substantiate the identity
of the person presentin§ it.
(a) A valid California Driver's license which contains a photo§raph;
(b) A valid California Identification Card issued by the Department of
Motor Vehicles which contains a photograph;
(c) Valid identification issued by a federal, state, or local government
or a§ency which contains a photo§raph and/or complete physical description of
the issuee.
The description in the identification offered shall reasonably substantiate the
identity of the customer in that the evidence of identity and the physical des-
cription of the customer agree. The evidence of identification must contain a
complete and current address of the issuee. Identification which contains a
post office box is insufficient for purposes of these re§ulations.
6.92.190 Fingerprinting ReQuired. Each pawnbroker and secondhand dealer
shall obtain a plain fingerprint impression of the right index fin§er of the
person presenting the property for pawn, sale, trade, exchange, or consignment,
or, if the person's right index finger is missing, another of the fingers, and
shall designate which finger was used. The fingerprint impression shall be
placed on the back of the white copy of the Pawnbroker/Secondhand Dealer Report.
6.92.200 Use Permit--Grounds for Revocation.
Any secondhand dealer or pawnbroker permit issued under the provisions of
this chapter may be revoked for any of the following reasons:
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{a) Fraud, misrepresentation or false statement contained in the application
for the permit;
(b) Fraud, misrepresentation or false statement made in the course of carry-
ing on the business regulated by this chapter;
(c) Any violation of any of the provisions of this chapter or of any other
provision of this Code relating to any of the business activities conducted or
carried on by the permittee, specifically including, but not limited to, the
applicable provisions of Titles 6 and 20 of this Code;
(d) Any violation of State or Federal law relating to any of the business
activities conducted or carried on by the permittee;
{e) Conviction of a felony by a holder of such permit during the period
of which the permit was issued if the felony is substantially related to the
qualifications, functions, or duties of a pawnbroker or secondhand dealer.
6.92.210 Hearing and Appeal. (a) Any person whose permit has been revoked
shall have the right to a hearing and an appeal as set forth in Title 20 of this
Code for the revocation of a use permit.
6.92.220 Compliance with Regulations Required. The permittee shall be
responsible for requiring compliance with these rules and regulations by any
manager, agent, or employee. Any violation by the manager, agent, or employee
shall be deemed a violation by the permittee for purposes of administrative
action against the permittee under this chapter.
6.92.230 Posting of Licenses and Signs. Every pawnbroker and secondhand
dealer shall display, in a conspicious location on the place of business, the
fol 1 owl ng:
(a) A valid Department of Justice secondhand dealer's license and a valid
pawnbroker and/or secondhand dealer's business license;
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(b) A sign stating "No person pledging, pawning, selling, or trading any
article shall sign any name other than his true name or give any address other
than his true address. To knowingly or intentionally provide false informa-
ti on is a misdemeanor".
6.92.240 Signs--Compliance to City Ordinances Required. All signs posted
on premises shall comply with applicable zoning, sign, building, and other
ordinances of this City.
6.92.250 Violation--Nuisance. Any business, building, or structure within
which such business is being operated contrary to the provisions of this chapter,
and any use of land, building or premises within which a business is being
conducted, operated, or maintained contrary to the provisions of this chapter,
are unlawful and a public nuisance, the City Attorney shall, upon order of the
City Council, immediately take action for the abatement, removal, and enjoinment
in the manner provided by law.
6.92.260 Violation--Penalty. Any person violating any of the provisions or
failing to comply with any of the mandatory requirements of this chapter, is
guilty of a misdemeanor and upon such conviction such person shall be punished
as provided in Chapter 1.24 of this Code."
2.92.270 Remedies Cumulative. The remedies provided for herein shall be
cumulative and not exclusive.
SECTION 2. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this Ordinance
is for any reason held to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of the remaining portions of this
ordinance. The City Council hereby declares that it would have adopted this
Ordinance and each section, subsection, sentence, clause or phrase hereof,
irrespective of the fact that any one or more sections, subsections, sentences,
clauses or phrases be declared invalid or unconstitutional.
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SECTION 3. PUBLICATION AND EFFECTIVE DATE'
This Ordinance shall be published once, with the names of those City Council
members voting for or against it, in the Enterprise-Journal, a newspaper of general
circulation in the City of South San Francisco, as required by law, and shall
become effective thirty {30) days from and after its adoption.
Introduced this 26th day of March 1986 .
Passed and adopted as an Ordinance of the City of South San Francisco at a
reqular meeting of the City Council of the City of South San Francisco
this 9th
AYES:
NOES:
ABSENT:
day of April, 1986 , by the following vote:
Councilmembers Mark N, Addiego, John~''Jack'' Drago, Richard'A, Haffey,'
Gus'Nicolopulos; and Roberta Cerri Teglia ............
None
None
ATTEST: ~~C i ty~C1 er~~
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
Ordinance this 9th day of April" · , 1986 .
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