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CA:RMM:SSS:ms:pawnorda
CIty CouncIl MeetIng 4-9-85 Santa MonIca, CalIfornIa
ORDINANCE NUMBER 1336(CCS)
(City Council SerIes)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 8 OF ARTICLE VI
OF THE SANTA MONICA MUNICIPAL CODE
RELATING TO PAWNBROKERS AND SECONDHAND DEALERS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN
AS FOLLOWS:
SECTION 1. Chapter 8 of Article VI of the Santa Monica
MunICIpal Code comprisIng SectIons 6800 through 6814 is
repealed.
SECTION 2.
Chapter 8 is added to ArtIcle VI of the
Santa MonIca MunICIpal Code to reau as follows:
Chapter B. ~ECO~DHAND DEALERS.
SectIon 6800.
ijame. Purpose,
and Scop~.
This Chapter shall be
called
the
~Secondhand
Dealer
OrdInance." It is Intended to curtail
the dIssemination of stolen property
and to faCIlItate the recovery of
stolen property by imposing
regulations on the pawnIng, lendIng,
or sellIng of tangIble property In the
CIty consIstent WIth State law.
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Sectlon
6801.
"Secondhand
Dealer" DefIned. For purposes of this
Chapter, "Secondhand dealer" means and
includes any person whose prIncipal
busIness IS prImarily that of engaging
In bUYIng, sellIng, trading, takIng in
pawn, acceptIng for sale on
consignment, acceptIng for auctIoning
or auctIoning secondhand tangible
personal property. "Secondhand
dealer" also Includes any person who
engages In the business of bUYIng or
selling secondhand tangible personal
property In excess of 20 percent of
the gross sales and purchases of goods
or merchandise sold or purchased in
the regular course of business.
"Secondhand Dealer" does not include
any person who performs the services
of an auctIoneer for a fee or salary.
Section 6802. "TangIble Personal
Property" Defined. "TangIble personal
property" includes, but IS not limited
to, the follOWing:
(a) All secondhand tangIble
personal property WhICh bears a serIal
number or personalized lnltlals or
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inscript10n or which, at the time it
1S acquIred by the secondhand dealer,
bears eV1dence of having had a ser1al
number or personal1zed InItials or
Inscriptlon.
(b) All
tangible
personal
property, new or used, receIved 1n
pledge as securIty for a loan by a
pawnbroker or a secondhand dealer
acting as a pawnbroker.
(cl All tangible personal
property that bears a serIal number or
personalized 1nItIa1s or inscrIption
which is purchased by a secondhand
dealer or pawnbroker or which, at the
time of such purchase, bears eVIdence
of having had a serial number or
personal1zed initials Or inscr1ption.
(d) All personal property of a
type found by the Attorney General to
const1tute a sIgnIficant class of
stolen goods as stated 10 the list
ma1ntalned
BUS1ness &
21627(b)(3).
(e) As used in this Chapter,
"tangIble personal property. does not
include any new goods or merchandise
pursuant
ProfessIons
to
Callfornia
Code Section
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purchased from
manufacturer or
a bona fide
wholesaler or
distributor of such new goods or
merchandise by a secondhand dealer.
However, a secondhand dealer shall
retain for one year from the date of
purchase, and shall make available for
inspection by any law enforcement
officer, any receIpt, Invoice, bIll of
sale, or other evidence of purchase of
such new goods or merchandIse
(f) As used in thIS Chapter,
tltangible personal propertyH does not
include coins, monetized bullion, or
commercIal
grade
Ingots of gold,
silver,
or other preCIOUS metals.
tlCommercial grade ingotsH means .99
fIne ingots of gold, SlIver, or
platInum, or .925 fIne sterling SlIver
art bars and medallIons, provided that
the lngots} art bars, and medallions
are marked by the refiner or
fabrIcator as to theIr assay fineness.
SectIon 6803.
secondhand dealer
LicensIng. Every
shall obtain a
license
from the Chief of Police
pursuant to procedures conSIstent with
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BUSIness & ProfessIons Code Section
21641. Such lIcense shall cover all
actIvities regulated by this Chapter
and conducted at a sIngle locatIon. A
separate license shall be required for
each location at WhICh any bUSIness
regulated
conducted.
establIsh
by this Chapter IS
The City Council may
and from time to time amend
by ResolutIon fees to cover the costs
of processIng and admInistration of
secondhand dealer licenses, which fees
shall be paId by the licensee prior to
the issuance of a license.
SectIon 6804. Daily ReportIng.
Every secondhand dealer shall report
to the ChIef of PolIce dally, or on
the fIrst workIng day after receIpt or
purchase of such property, on forms
eIther approved or provided by the
CalifornIa Department of Justice, all
tangIble personal property WhICh he or
she has purchased, taken In trade,
taken In pawn, accepted for sale on
conSIgnment, or accepted for
auctioning. The report shall Include,
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but not be llmlted to, the followlng
lnformation:
( a ) The
name,
address,
flngerprint, and ldentIfIcation card
number of the intended seller of the
property.
(b) A complete and reasonably
accurate descrIption of such property,
including serIal numbers or other
identifYIng marks or symbols.
(e) A certIfIcation by the
Intended seller that to his or her
kno~ledge and belIef the information
is true and complete.
Cd) Such
other
lnformation
requIred by the ChIef of PolIce.
SectIon
6805.
InformatIon
Required.
No secondhand dealer shall
purchase, take In trade, take 1n pawn,
accept for sale On consIgnment, accept
for auctIonIng, or otherwise receIve
any tangIble personal property unless
the secondhand dealer:
( a )
sellIng,
delIvering
property
Has secured from the person
lendIng, pawning, or
the tangible personal
the 1dentification number
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from a valld drlvers llcense or other
ldentIflcatlon
card
issued
by a
government agency and contalnlng the
photograph of such person.
(b) Has secured from the person
sellIng, lendIng, pawning, or
delIvering the tangIble personal
property a fIngerprInt of such
person's rlght index finger In such
manner and locatIon as specifIed by
the Chlef of PolIce.
Sectlon 6806. Records and SIgns
Required. Every secondhand dealer
shall keep a complete record of all
tangible personal property pledged to
or purchased by or received by hIm or
her, WhICh record shall contain all of
the matters requIred to be reported
pursuant to thIS Chapter. Every such
record and all tangible personal
property pledged to or purchased by or
receIved by a secondhand dealer shall
be open at all tImes during bUSIness
hours to the Inspection of the Chief
of Pollce or any pollce officer.
Every secondhand dealer shall
maIntaln on the premIses where saId
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bUS1ness 1S
located a
sIgn plaInly
language of
read from a
printed In
sufflClEmt
sidewalk
the EnglIsh
S1ze to be
bUSiness,
In front of saId place of
stat1ng that he or she IS a
secondhand dealer, Junk
Junk collector. If the
is conducted in an offIce
pawnbroker,
dealer, or
bus1ness
bUIldIng,
the door
the sign shall be placed at
to saId offIce. If the
business is conducted in a department
of any building, the SIgn shall be
placed at the entrance to saId
department.
Every report, record, and sign
requIred by the terms of this Chapter
to be filed, kept, or posted, shall be
wrItten or prlnted entIrely 1n the
English language, In a clear and
legIble manner.
Section 6807.
Police Records.
The ChIef of PolIce shall fIle 1n some
secure place in his offIce all reports
receIved pursuant to the terms of thls
Chapter, and the same shall be open to
inspection only by members of the
PolIce Department, or upon an order of
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a court of competent Jurisd1ction made
for that purpose.
Section 6808. WaitIng PerIod.
Every secondhand dealer shall retain
In h1S or her possessIon for a perIod
of 30 days all tangible personal
property reported under the provISIons
of thIS Chapter. The 30-day holding
per10d shall commence wIth the date
the report of acqu1sltion of tangIble
personal property was made to the
ChIef of PolIce by the secondhand
dealer. The ChIef of PolIce may for
good cause, as specIfied by the
CalifornIa Department of Justice,
authorIze prIor dISposItion of any
such property descrIbed in a specifIc
report; provIded that a secondhand
dealer who dIsposes of tangible
personal property pursuant to such
authorization shall report the sale
thereof to the ChIef of Pol1ce.
Section 6809.
false Name or
Entry. No person shall sIgn a false
or fictitIOUS name or address to any
bill of sale or receIpt for any
property referred to In this Chapter,
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or to any pawnshop ticket, or make any
false entry In any report or record
required by thIS Chapter.
SectIon 6810. Certificate of
Sale. Secondhand dealers shall
provide and furnIsh a certlfIcate of
sale to the person from whlch any
property referred to in thlS Chapter
1S purchased. Such certIfIcate of
sale shall be sIgned by both the
purchaser and seller. Duplicate
copIes of certIfIcates of sale shall
at all tImes be kept on file by the
purchaser and kept open to the
inspectlon of the members of the
PolIce Department of the City.
SectIon 6811.
Double HoldIng
PerIod.
A secondhand dealer need not
comply
Chapter
personal
purchased
has made
SectIon
with the provisions of thls
wlth respect to any tangible
property received or
from any other person who
the report requ1red under
6804 to the PolIce Department
held the property for the
and
has
length of tIme requIred under Sectlon
6808, except that such secondhand
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dealer shall report that such property
has been held for the required t1me by
the person from whom the property lS
received or purchased.
Section 6812.
DoinQ Business
wIth a Minot".
No secondhand dealer,
or hIS or her employee or agent, shall
receive, buy, trade, exchange, receive
on deposlt, or accept as a pledge, or
otherwise acquire an Interest ln any
goods or thIng from any person under
the age of 18 years. Any statement
made to such dealer, employee, or
agent by a person under the age of 18
years to the effect that he or she is
over the age of 18 years shall not
excuse such dealer, employee, or agent
from any violation of th1S Section.
Section
6813.
Hours
of
BUSIness. No secondhand dealer, or
h1S or her agent or employee, shall
engage in or
regulated by thIS
manner between the
conduct business
Chapter in any
hours of twelve
o'clock midnIght and seven o'clock
a.m. of the following day.
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SectIon
6814.
Renewal
and
RevocatIon of LIcense.
(a) A
lIcense granted under
this Chapter shall be renewable one
year from the date of issue, and
annually thereafter, upon the filing
of a renewal appllcat10n and the
payment of a lIcense renewal fee to be
establIshed by Resolution of the C1ty
CouncIl.
( b ) The
lIcense
shall
be
subJect to revocatIon or suspension by
the ChIef of Police and the licensee's
actlv1t1es shall be subject to belng
enjoIned by act10n brought by the City
Attorney for breach of any of the
follow1ng conditIons:
(1) The business shall be
carried on only In the bUllding or
bUlld1ngs desIgnated In the lIcense.
(2) The lIcense, or a
copy thereof, certIfIed by the ChIef
of PolIce, shall be d1splayed on the
premIses where It can eas1ly be seen.
(3) The lIcensee shall
not engage in the busIness of
secondhand dealer wIth any person
under the age of 18 years of age.
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(4) The
lIcensee shall
not engage in any act In vIolation of
thIs Chapter or of any state law
regulating the bUSIness of secondhand
dealer.
(5) The
lIcensee shall
not be convIcted of an attempt to
receive stolen property or any other
offense involving stolen property.
For the purposes of this paragraph,
~convicted" means a plea or verdict of
guilty or
plea of
a convIctIon following a
nolo
contendere.
If a
lIcensee has been ~convlcted," action
may be taken when the tIme for appeal
has elapsed, or the Judgment of
conviction has been affirmed on
appeal, or when an order granting
probation IS made suspendIng the
lmpositlon of sentence, irrespective
of a subsequent order under the
provIsIons of Sectlon 1203.4 of the
CalIfornia Penal Code.
SECTION 3. Any provIsion of the Santa Monica Municipal
Code or appendIces thereto Inconsistent WIth the provisions of
th1s ordinance, to the extent of such incons1stencies and no
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further, are hereby repealed or modIfied to that extent
necessary to effect the provls1ons of this ordinance.
SECTION 4.
If any part of thIS ordinance 15 for any
reason held to be invalid or unconstitutional by a decIsIon of
any court of competent Jurisdict1on, such decisIon shall not
affect
the validity of the remaInIng portIons of thiS
ordInance.
The CIty CouncIl hereby declares that It would
have passed thIS ordInance and each and every part not
declared Invalid or unconstitutIonal wIthout regard to whether
any part of thIS ordinance would be subsequently declared
invalid or unconstItutIonal.
SECTION 5.
The Mayor shall sIgn and the C1ty Clerk
shall attest to the passage of thIS ordlnance. The City Clerk
shall cause the same to be publ1shed once In the official
newspaper wIthin 15 days after its adoption. The ordinance
shall become effective 30 days after the date of Its adoptIon.
APPROVED AS TO FORM:
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ROBERT M. MYERS
City Attorney
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Adopted and approved this 9th day of April, 1985.
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I Mayor
I hereby cert ify that the foregoing OrdInance No. 1336 (CCS)
was duly and regularly Introduced at a meeting of the City
Council on the 26th day of March 1985; that the saId Ordinance
was thereafter duly adopted at a meeting of the City CouncIl on
the 9th day of April 1985 by the following CouncIl vote:
Ayes: Councllmembers:
Conn, Edwards, Jennings, Zane and
Reed
Noes: Councilmembers:
EpsteIn and Katz
Abstain: Councllmembers:
None
Absent: Councllmembers:
None
ATTEST:.
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