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HomeMy WebLinkAboutOrdinance #959 ORDINANCE No. 959 AN ORDINANCE OF THE CITY OF- HUNTINGTON BEACH RELATING TO PAWNBROKERS; AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING CHAPTER 27 ENTITLED "PAWNBROKERS, -SECONDHAND DEALERS AND JUNK DEALERS", AND ADDING NEW ARTICLES AND NEW ,SECTIONS TO SAID CHAPTER. The City Council of the City of Huntington Beach does ordain as follows: Section 1. That Chapter 27 is hereby added to the Huntington Beach Ordinance Code, said chapter to read in words and figures as follows .* CHAPTER 22 PAWNBROKERS, JUNK DEALERS AND SECOND HAND DEALERS Section 2. That the following Articles and Sections are hereby added to Chapter 27 Of the Huntington Beach Or- dinance Code to read In words and figures as follows: ARTICLE_?2.1, PAWNBROKERS Section 2211. Definition. Pawn Broker. "Pawn Broker" means any person engaged in any one or -more of the following businesses. Ord. No. 959 (a) Pawnbroking. (b) Lending money for himself or any other person upon personal property, pawns or pledges, in the possession of the lender. (c) Purchasing articles of personal property and reselling or agreeing to resell such articles to the venders or assignees at prices agreed upon at or before the time of such purchase. Section 2712, Definition. Pawnshop. A "Pawnshop" Is any room, store, building, or other place in which the business' of pawnbroker is engaged in, carried on, or con- ducted. Section 271' . License Required. Every pawnbroker shall first procure a license and pay an annual license fee as prescribed in Chapter 21 of the Huntington Beach Ordinance Code. Section 2714, Hours. A pawnbroker shall not, and an agent or employee of a pawnbroker shall not accept any pledge, or loan any money on personal property, or purchase or receive any goods, or merchandise, or any article or thing whatsoever, or in any manner whatsoever engage in or conduct the business of pawnbroker between seven p.m. of any day and seven a. m, of the following day. ARTICLE 272 SECONDHAND DEALERS Section 2721, Definition. Secondhand Dealer. "Second- hand Dealer" is a person, other than a used car dealer or 2. Ord. No. 959 r dealer in secondhand books or magazines, engaged in conducting managing or carrying on the business of buying, selling, or otherwise dealing in second hand goods, wares, or merchandise, including gold, silver, platinum and mercury, but does not Include a person who does not sell or offer to sell, second- hand goods, wares, or merchandise except such as is received by such person as payment or part payment for a new article sold by him. Section 2722. Second Hand Dealer. _License Required. dealer Every secondhand/shall first procure a license and pay an annual license fee as prescribed in Chapter 21 of the Hunting- ton Beach Ordinance Code. ARTICLE 27 3 JUNK DEALER Section 2731. Definition. Junk Dealer. "Junk Dealer" means a person, not an auto wrecker and not an oil tool exchange, having a fixed place of business in the County and engaged in conducting, managing, carrying on, or maintain- ing any place where old rags, sacks, bottles, papers, metals, or other articles commonly known as junk, except gold or silver or platinum or mercury, are gathered together, stored or kept for shipment, sale or transfer. Section 2732, License Required. Junk Dealer.Every 3• Ord. No. 959 junk dealer shall first procure a license and pay an annual fee as prescribed in Chapter 21 of the Huntington Beach Or- dinance Code, ARTICLE 274 JUNK COLLECTOR Section 2741, Definition. Junk Collector. "Junk Collector" means a person, not an itinerant oil tool exchange, and not having a fixed place of business in the County, 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 and mercury, or other articles commonly known as junk. Section 2742. Junk Collector. License Required. Each junk collector shall first procure a license and pay an annual license fee as prescribed in Chapter 21 of the Hunt- ington Beach Ordinance Code. ARTICLE 275 CHARITABLE INSTITUTIONS Section 2751, Charitable Institutions. Any insti- tution or organization which is conducted, managed, or car- ried on exclusively for the benefit of charitable purposes 4. Ord. No. 959 from which no profit- is derived 'either directly or indirectly by any person other than bona fide employees thereof which files with the Council, in addition to all matters and infor- mation otherwise provided for in this chapter, a certified copy of its articles of incorporation, if any, and a state- ment in writing, duly sworn to by one of its officers, setting forth the purposes of such institution or organization, which sworn statement includes a detailed statement as to its manner of doing business and dispensing charity, and such other in- formation as the Board requires, may obtain a license: (a.) Every secondhand dealer, junk dealer and junk collector shall first procure a license and pay an annual license fee as prescribed in Chapter 21 of the Huntington Beach Ordinance Code. Section 2752. Charitable Institutions. Cards. Such charitable institution or organization shall furnish to each driver of every vehicle used to collect junk for such institu- tion, and to every individual employed to assist such driver, an identification card containing the name of the charitable institution or organization, the name and complete description of the driver or individual employed to assist a driver, in- cluding age, sex, race, height, weight, complexion and color of eyes and hair. Section 2753. Doing Business with Minor. No permitt- ee engaging in managing, conducting or carrying ,on the busi- 5. Ord. No. 050 ness of a junk dealer, junk collector, secondhand dealer, secondhand dealer-jewelry, or pawnbroker, or his employee or agent shall receive, buy, trade, exchange, or otherwise ac- quire an interest in any goods or thing, from any person un- der the age of 18 years. Any statement made to such permittee, employee or agent by a person under the age of 18 years to the effect that he is over the age of 18 years, shall not ex- cuse such permittee or employee from any violation of this provision. Section 2754. Hours. A person engaged in conducting, managing or carrying on the business of secondhand dealer, junk dealer or junk collector shall not, and an agent or employ- ee of any such person shall not, accept any pledge or loan any money upon personal property or purchase or receive any goods, wares, or merchandise or any article or thing, or in any manner whatsoever engage in or conduct any such business between the hour of seven o'clock in the afternoon of any day and the hour of seven o'clock in the forenoon of the following day. ARTICLE 276 RECORDS Section 2761. Definition. Buy-form. The term "Buy- form"herein mentioned shall be the name of the form or forms furnished by the Chief_ df Police to the licensee for the purpose 6. Ord. No. 959 of recording and furnishing by the licensee to the Chief of Police of the required information relative to purchases, pledges, or consignments. Section 2761.1. Buy-Form Re u� ired. Every licensee un- der this Chapter shall at the close of each business day mail to the Chief of Police the "Buy-Form" or "Buy Forms" made out during that day. Such "Buy-Forms" shall contain a true, full and complete report of all goods, wares, merchandise, or other things on deposit, pledged or purchased, during that day, ex- cept household furniture, used tires, used batteries, which household furniture, used tires or used batteries were taken In part payment for new tires or new batteries, and except merchandise originally sold new by the licensee and subsequent- ly taken as a trade-in on other merchandise sold by the same licensee, and shall also contain other information required by the Chief of Police which, considering the type of business of the licensee, may assist in the detection of stolen proper- Section 2761.2. Identification of Seller or Pledger. Every licensee under this chapter shall enter upon the "Buy- . Form" positive identification furnished by the seller,pledge- maker, or consignee, such as driver's license number, work badge number, auto or tract license number, junk collector's business license number, in addition to the individual's true 7• Ord. No. 959 name and address. In lieu of the positive identification mentioned above, the licensee shall require the seller, pledgemaker, or consignee to furnish a plain impression print of his right index finger, or next finger in the event of amputation, upon the face side of the original sheet of the "Buy-Form". Section 2261. 3. Identification of Seller or Pledger on Resale. Every person who sells, pledges, or con- signs any property to any licensee in the course of business covered by such license, except household furniture, used tires or used batteries, taken in part payment for new tires or new batteries, and except merchandise originally sold new by the licensee and subsequently taken as a trade-in on other merchandise sold by the same licensee, shall furnish true, positive identification to the licensee by which such person can be located by the Chief of Police. Section 2761,.,E Records to be Retained. Every licensee shall preserve for a period of two years, a copy of the "Buy-Form" provided for that purpose, containing a carbon i copy record thereon of the original writing made by the licensee, agent or employee, the original of which has been furnished to the Chief of Police. Every such record and property pledged, purchased or received by such licensee shall be produced for inspection to any peace officer. 8. Or,-d. No.959 Section 2261. 5. Records of Chief of Police. The Chief of Police shall maintain a file of all reports . receiv- ed pursuant to the terms of this chapter for a period of two years and such reports shall be open to inspection by any peace officer. Section 2261.6. Goods to be Held. A person, other than a used car dealer, shall not melt, destroy, sell or otherwise dispose of any article, goods, wares, merchandise, or thing obtained or used in any business for the conduct of which a license is required by this chapter until fourteen days after making a report to the Chief of Police as required by Section :2761A that such article,, goods,, wares, merchandise or thing has been purchased or received by such person, firm or corporation. Section 2761,7. Goods Not to be Destroyed. A foundry or junk dealer shall not melt, destroy, sell or other- wise dispose of any metal purchased or received by It which is, or by economically feasible repair can be made usable for the purpose for which it was originally designed until twenty- one days after making a report to the Chief of Police as re- quired by Section 2761a.that such metal has been received by the foundry or junk dealer. Section 2261.8. Goods Not to be Altered. Until any article, goods, wares, merchandise or thing pledged to or pur- chased by any licensee under this chapter are held for the Ord. No. 950 time required by this chapter or released by the Chief of Police, such licensee shall not clean, alter, repair, paint, or otherwise change the appearance of such articles, goods, wares, merchandise or things. At all times during business hours, he shall expose the same to public view. Section 2262. Goods Released by Chief of Police. The Chief of Police may release any property covered by this chap- ter which he Inspects, if after such inspection he is satis- fied that such property is In the lawful possession of the lic- ensee. Section 2762.1. Hold Order by Chief of Police. The Chief of Police may place a hold-order upon any property ac- quired by the licensee In the course of his business for a period of ninety days, and upon release of such property may require the licensee to keep a true record of such property and included therewith the true name and address of the person to whom such property was sold, or any other method of disposit- ion. Section 2762.2. Export. A licensee under this chapter shall not export from this county any goods, wares, merchan- dise, or things pledged to or received by such licensee in his capacity as licensee until the Chief ofPolice has inspected and released such property. Section 2262. 3. Exemption. Waiting Time. The waiting period mentioned In Section2761 '7and the making of "Buy-Forms" mentioned in Section2761;,ldoes not apply to property purchased 10. Ord.959 from a licensee holding a similar County License, if in the -sale of such property such licensee has complied with all the provisions of this ordinance. This section does not apply to purchases made by junk dealers from junk collectors. A junk collector' s license is not similar to 9. junk dealer's license. Section 2762.4. Exemption. Certain Articles. The pro- visions contained in Sections27614'�4and2?6.1';7shall not be deem- ed to apply to the purchase or the sale by junk dealers or junk collectors of rags,, bottles, other than milk or cream bottles, secondhand sacks, other than cement sacks, barrels, cans, shoes, lamps, stoves, or household furniture (with the exception of sewing machines and musical instruments) , or the purchase or sale by secondhand dealers of household furniture, with the exception of sewing machines, all musical Instruments and typewriters. Section 2762.5. Exemption. Purchase From Established Business. The waiting period required by Section2761.•7does not apply to property purchased on a bill of sale or invoice from a regularly established place of business. As used In this section, an established place of business means a place of business which has been dealing in the type of articles purchased at the same location for not less than two years. Section 2262.6. A copy of this chapter shall be furnish- ed each new licensee upon the first delivery of the "Buy-Form" Ord. 959 by the Chief of Police, and the licensee must be furnished with all subsequent amendments that affect the type of busi- ness of the licensee. Additional copies of this Chapter and amendments may be procured from the office of the Board by the licensee upon demand. 'Section 2762.7. Any person, firm or corporation viol- ating any of the provisions of this ordinance shall be deemed,, guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $500-00 or by Imprison- ment in the City Jail for a period of not more than six months or by both such fine and Imprisonment. Each -such person, firm or corporation shall be deemed guilty of a separate offense . for each day or portion thereof during which any violations of any of the provisions of this ordinance is committed, con- tinued or permitted by such persons, firm or corporation and shall be punishable therefor as herein provided. Section 3* The City Clerk shall certify to the pass- age and adoption of this ordinance and shall cause the same to be published by one Insertion In the Huntington Beach News, a weekly newspaper, printed, published and circulated In the City of Huntington Beach, California, and thirty (30) days after the adoption thereof, the same shall take effect and be in force. 12. Ord. No. 959 PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 15th day of April , 1963. Mayor ATTEST: City C k 13. Ord. No'. 959 STATE OF CALIFORNIA ) County of Orange } ss City of Huntington Beach ) I, PAUL C. JONES, the duly elected, qualified and acting City Clerk of the City of Huntington Beach and ex- officio Clerk of the City Council of the said City, do here- by certify that the whole number of members of the City Council of the City of Huntington Beach is five; that the foregoing ordinance was read to said City Council at a regu- lar meeting thereof held on the 1st day of April , 1963, and was again read to said City Council at a regular meeting thereof held on the 15th day of April ,19639 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: 0 Wells, Stewart, Welch, Lambert NOES: Councilmen: None ABSENT: Councilmen: Gisler C7z) -7 City Clerk and gf6y fficio Clerk of the City Council of the of Huntington Beach, California