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SR-8-C (15) . r It -- :zc;'ff ~o /S CA:RMM:SSS:ms:pawnsr CIty CouncIl Meeting 3-26-85 Santa MonIca, California STAFF REPORT <E-C MAR 2 6 198~ TO: Mayor and CIty CouncIl FROM: CIty Attorney SUBJECT: OrdInance AmendIng Chapter 8 of Article VI of the MunIcipal Code relatIng to Pawnbrokers and Secondhand Dealers ThIS report transmits the accompanYIng ordinance for flrst readIng amendIng Chapter 8 of ArtIcle VI of the MunICIpal Code relatIng to pawnbrokers and secondhand dealers. BACKGROUND Chapter 8 of ArtIcle VI of the Santa MonIca MunICIpal Code regulates pawnbrokers and secondhand dealers. The Chapter was last amended In 1960. In 1980, the CalIfornia Legislature amended the BUSIness & ProfeSSIons Code to Impose certaIn unIform requirements on pawnbrokers and secondhand dealers (Business & Professions Code SectIons 21625-21645). The Intent of the State requIrements IS to enable the polIce to fIght crIme by traCIng the flow of goods that may be stolen and subsequently pawned. In August, 1981, the City CounCIl directed the CIty Attorney to prepare an ordInance reqUIrIng pawnbrokers and secondhand dealers to obtaIn the fIngerprint of persons sellIng or pawnIng artIcles. The Police Department belIeves that the reqUIrement WIll aId In the fIght agaInst theft and traffIC In stolen property by IdentIfYIng persons suspected of Jr>~ 1 MAR 28 '.5 e e pawnlng stolen property, reducing the necessIty for photographIc lIneups, reducIng court tIme for police offlcers and pawn shop owners, and promotlng cooperatIon among law enforcement agencIes. Because fIngerprInt eVIdence may match fingerprInts found at burglary SItes and conclusIvely establIsh the presence of persons possessing stolen property at the scene of the crime, the requirement may also result in Improved enforcement of burglary laws. The ordInance was held In abeyance pending resolution of a legal challenge to a SImilar reqUIrement Imposed by the CIty of San FranCISCO. Since the Court of Appeal has held that the San FranCISCO legIslatIon was not preempted by State law or VIolatIve of constitutional rIghts of privacy, Miller v. Murphy, 143 Cal. App. 3d 750, 191 Cal. Rptr. 740 (1983), the accompanYIng ordInance adding the fIngerprint requirement and conformIng the local law to changes In state law has been prepared. SECTION BY SECTION ANALYSIS The ordinance amends Chapter 8 of ArtIcle VIII of the MunICIpal Code, entItled ~Pawnbrokers and Secondhand Dealers.~ In addItIon to the new fIngerprIntIng requirement, we have added, deleted, and modIfied sectIons to conform to state law. Section 6800. Name 1 Purposej and Scope. The ordInance IS called the "Secondhand Dealer Ordinance" It IS Intended to fight crIme, and partIcularly traffIC in stolen property, by Imposing regulatIons on the pawnIng, lendIng, or sellIng of tangible property In the CIty conSIstent WIth State law. 2 e e Section 6801. "Secondhand Dealer" Defined. This section defines the term "secondhand dealer" similarly to the definition in the CalIfornIa Business & Professions Code. The term Includes pawnbrokers and other sellers and traders in used property, but does not include profesSional auctIoneers. SectIon 6802. "Tangible Personal Property" Defined. ThIS sectIon defInes the term "tangible personal property" sImIlarly to the definition in the CalifornIa BUSIness & ProfeSSions Code. The term Includes most types of secondhand property, new property taken as security by pawnbrokers, and types of property found by the Attorney General to constItute a SIgnifIcant class of stolen items. New goods purchased from a manufacturer or wholesaler are excluded, as are most COIns and preCiOUS metals. Section 6803. Llcensina. ThiS section reqUIres a secondhand dealer to obtaIn a lIcense from the ChIef of Police conSIstent with BUSIness & Professions Code Section 21641 and to pay approprIate fees. A separate license is required for each location at WhICh secondhand dealing is conducted. Section 6804. Dally Reporting. This section continues the reqUIrement of eXistIng Sections 6800 and 6801 that daily reports be submItted shOWing each transaction. The reqUIrement has been modIfIed to conform to State Law. Section 6805. Information ReqUired. ThiS section reqUires that persons selling or pawning tangible property submIt identIfIcatIon, InclUdIng a drivers license or other valId photographIc IdentIfIcatIon issued by a government agency and a fIngerprint of his or her rIght Index finger. 3 e e Section 6806. Records and Signs Required. The secondhand dealer must keep specific records of all property received, which must be open to Inspection by police officers. Secondhand dealers must post Identifying signs visible from the sidewalk or from entrances to offices. Section 6807. Police RecorQs. This section requires the Chief of Police to maintain secondhand dealer records in hiS offlce, to be Inspected only by members of the Police Department or upon court order. Section 6808. Waiting Period. This section requires secondhand dealers to retain all tangible personal property reported under thiS Chapter for a period of 30 days, unless authorized by the Chief of Police. Section 6809. False Name or Entry. This section prohibits the giVing of a false name or address or the making of any false entry In a secondhand dealer record. Section 6810. Certificate of Sale. ThiS section requires secondhand dealers to prOVide certificates of sale to be Signed by purchaser and seller, furnish a copy to the seller, and keep a duplicate on file for inspection by the Police Department. Section 6811. Double Holding Period. This section prOVides that a secondhand dealer need not comply with the 30-day holding period of Section 6808 If an article was purchased from a person who has made the reqUired report and held the article for the required time. Section 6812. DOing BUSiness With a Minor. This section prohibits transacting any bUSiness In secondhand goods 4 e e with a person under the age of 18 years. A statement by a m1nor that he or she 1S over the age of 18 years does not excuse a v1olation of th1S sect1on. Sect10n 6813. Hours of Business. Th1S sect10n proh1b1ts dOIng busIness between the hours of midnight and 7:00 a.m. ThIS is changed from eXIstIng Section 6811, which proh1b1ts bus1ness on Sundays and between 7:00 p.m. and 7:00 a m on weekdays. Sect10n 6814. Renewal and RevocatIon of LIcense. This sect10n prov1des for annual renewal of licenses and spec1f1es the grounds for revocatIon of a llcense. RECOMMENDATION It IS respectfully recommended that the accompanYIng ordinance be Introduced for first readIng. Prepared by: Robert M. Myers, City Attorney Stephen S. Stark, Assistant City Attorney 5 e e CA:RMM:SSS:ms:pawnord CIty CouncIl MeetIng 3-26-85 Santa MonIca, CalIfornia ORDINANCE NUMBER (Clty Councll 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 comprlslng SectIons 6800 through 6814 is repealed. SECTION 2. Chapter 8 is added to ArtIcle VI of the Santa MonIca MunICIpal Code to read as follows: Chapter 8. SECONDHAND DEALERS. Section 6800. Name] Purpose. and Scope ThlS 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. 1 e e Sectlon Dealer" Deflned. 6801. "Secondhand For purposes of thls Chapter, "Secondhand dealer" means and lncludes any person whose princIpal bUSIness is prlmarlly that of engaging In bUYIng, selling, trading, takIng In pawn, acceptlng for sale on consignment, acceptIng for auctionIng or auctIoning secondhand tangible personal property. "Secondhand dealer" also lncludes 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 "Tanqlble 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 inItials or 2 e e 1nscr1ption or wh1ch) at the t1me it 1S acquired by the secondhand dealer, bears eVldence of havlng had a serial number or personal1zed ln1t1als or 1nscr1ption. (b) All tang1ble personal property, new or used, received 1n pledge as security for a loan by a pawnbroker or a secondhand dealer act1ng as a pawnbroker. (c) All tang1ble personal property that bears a ser1al number or personalized 1n1tlals or lnscript10n whlch is purchased by a secondhand dealer or pawnbroker or Wh1Ch) at the tlme of such purchase, bears eVidence of having had a serial number or personallzed In1tials or inscrlptlon. (d) All personal property of a type found by the Attorney General to constitute a significant class of stolen goods as stated In the list maintained pursuant to Callforn1a Buslness & Professlons Code Section 21627(b)(3). (e) As used 1n thls Chapter) "tangible personal property" does not Include any new goods or merchandlse 3 e e purchased from a bona fIde manufacturer or wholesaler or dIstributor of such new goods or merchandise by a secondhand dealer. However, a secondhand dealer shall retaIn for one YE!ar 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 USE!d In thIS Chapter, ~tanglble personal property~ does not Include COIns, monetIzed bullIon, or commercial grade Ingots of gold, sllver7 or other precIous metals. ~CommerClal grade lngots~ means .99 fIne Ingots of gold, slIver, or platInum, or .925 fIne sterlIng slIver art bars and medallIons, prOVIded that the Ingots, art bars, and medallIons are marked by the refIner or fabrIcator as to theIr assay fIneness. Section 6803. LIcensing. Every secondhand dealer shall obtaIn a lIcense from the ChIef of PolIce pursuant to procedures conSIstent WIth 4 e e 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. by this Chapter IS The City Council may establish 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. DallV Reportinq. 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, 5 e e but not be limited to, the following information: ( a ) The name, address, fingerprint, and identification 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. (c) A certificatIon by the Intended seller that to his or her knowledge and belief the lnformatlon IS true and complete. (d) Such other Information requIred by the Chief of PolIce. SectIon 6805. InformatIon ReqUIred. No secondhand dealer shall purchase, take in trade, take in 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 identificatIon number 6 e e from a valId drIvers lIcense or other IdentIfIcatIon card issued by a government agency and contaInIng the photograph of such person. (b) Has secured from the person sellIng, delIverIng property lendIng, pawnIng, or the tangIble personal a fIngerprInt of such rIght Index fInger In such and locatIon as specifIed by person's manner the Chief of PolIce. SectIon 6806. Records and Slqns 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 Pollee or any polIce officer. Every secondhand dealer shall maintaIn on the premIses where said 7 e e bUSIness IS located a sign plaInly language of read from a printed In sufficient Sidewalk the English SIze to be business, In front of said place of stating that he or she IS a secondhand dealer, junk Junk collector. If the IS conducted In an office pawnbroker, dealer, or business bUIlding, the door the sIgn shall be placed at to sald 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 printed entirely In the English language, In a clear and legIble manner. Section 6807. Police Records. The Chief of PolIce shall fIle In some secure place In his offlce all reports receIved pursuant to the terms of this Chapter, and the same shall be open to Inspection only by members of the PolIce Department, or upon an order of 8 e e a court of competent JurIsdIction made for that purpose. Section 6808. WaItlng Period. Every secondhand dealer shall retain in his or her possession for a period of 30 days all tangible personal property reported under the provisions of thIs Chapter. The 30-day holding period shall commence wIth the date the report of acquisition of tanglble personal property was made to the Ch1ef of PolIce by the secondhand dealer. The Chief of Pollce may for good cause, as specifled by the Callfornla Department of Justlce, authorlze pr10r dlSposltlon of any such property descrlbed In a speclflc report; prov1ded that a secondhand dealer who dIsposes of tanglble personal property pursuant to such authorlzatlon shall report the sale thereof to the Chief of Pollce. Sect10n 6809. False Name or Entry. No person shall slgn a false or flCtltious name or address to any bIll of property sale or recelpt for any referred to 1n thIS Chapter, 9 e e or to any pawnshop tlcket~ or make any false entry in any report or record required by this Chapter. Sale. Secondhand provide and furnish a certificate of sale to the person property referred to IS purchased. Such sale shall be sIgned by both the purchaser and seller. caples of certIficates Section 6810. at all times be kept and kept of the purchaser Inspection CertIficate of dealers shall from which any In thiS Chapter certificate of Duplicate of sale shall on fIle by the open to the members of the Police Department of the City. Section 6811. Double Holdlnq PerIod. A secondhand dealer need not comply WIth the prOVISIons of thIS Chapter WIth respect to any tangIble property receIved or from any other person who the report requIred under 6804 to the Police Department held the property for the of tIme required under SectIon except that such secondhand personal purchased has made SectIon and has length 6808, 10 e e dealer shall report that such property has been held for the required t1me by the person from whom the property is rece1ved or purchased. SectIon 6812. DOIng BusIness w1th a Minor. No secondhand dealer, or hIS or her employee or agent, shall receIve, buy, trade, exchange, receIve on deposit, or accept as a pledge, or otherw1se acquire an Interest In any goods the made agent years or thIng from any person under age of 18 years. Any statement to such dealer) employee) or by a person under the age of 18 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 thIS Section. Section 6813. Hours of BUSIness. No secondhand dealer, or hIS or her agent engage 1n or regulated by thIS manner between the or employee, shall conduct bUSIness Chapter In any hours of twelve o'clock midnIght and seven o'clock a.m. of the follOWIng day. 11 e e Sectlon 6814. Renewal and Revocatlon of Llcense. (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 applIcatIon and the payment of a lIcense renewal fee to be established by Resolution of the CIty CouncIl. (b) The lIcense shall be sUbJect to revocation or suspensIon by the ChIef of PolIce and the lIcensee's actIvItIes shall be subJect to beIng enJoined by actIon brought by the CIty Attorney for breach of any of the follOWIng condItIons: (1) The buslness shall be carrIed on only in the bUIldIng or bUIldIngs deSIgnated In the license. ( 2 ) The lIcense, or a copy thereof, certIfIed by the ChIef of PolIce, shall be dIsplayed on the premIses where It can easily 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. 12 e e ( 4 ) The llcensee shall not engage 1n any act 1n Vlolatlon of this Chapter or of any state law regulatlng the business of secondhand dealer. ( 5 ) The licensee shall not be convicted of an attempt to receive stolen property or any other offense lnvolvlng stolen property. For the purposes of this paragraph, uconvictedU means a plea or verdict of gUllty or plea of a convlct10n following a nolo contendere. If a 11censee has been Hconvlcted,u action may be taken when the tlme for appeal has elapsed, or the Judgment of conviction has been affirmed on appeal, or probation 1mposltion when an order granting 1S made suspendlng the of sentence, Irrespective of a subsequent order under the provIsions of Section 1203.4 of the Callfornla Penal Code. SECTION 3. Any provIsion of the Santa Monica Mun1c1pal Code or appendices thereto lnconslstent with the provisions of thiS ordinance, to the extent of such 1nconslstencles and no 13 -. e e further, are hereby repealed or modified to that extent necessary to effect the provIsions of this ordinance. SECTION 4. If any part of this ordlnance is for any reason held to be Invalid or unconstitutional by a deCISlon of any court of competent jurisdiction, 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 unconstitutlonal wIthout regard to whether any part of this ordinance would be subsequently declared Invalid or unconstitutional. SECTION 5. The Mayor shall slgn and the City Clerk shall attest to the passage of this ordInance. The City Clerk shall cause the same to be published 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: ~ '-"-'. ~ Robert M. Myers a City Attorney 14