SR-8-B (20)
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CA.RMM:SSS:ms:pawnsra
CIty CouncIl MeetIng 4-9-85
Santa MonIca, CalIfornIa
STAFF REPORT
'l-B
APR 0 9 1985
TO:
Mayor and CIty CouncIl
FROM:
CIty Attorney
SUBJECT:
OrdInance AmendIng Chapter B of ArtIcle VI of the
MunIcIpal Code relatIng to Pawnbrokers and
Secondhand Dealers
At Its meetIng on March 26, 1985,
the CIty CouncIl
Introduced for fIrst readIng an ordInance amendIng Chapter 8
of ArtIcle IV of the Santa MonIca MunICIpal Code relatIng to
pawnbrokers and secondhand dealers
The ordInance IS now
presented to the CIty CouncIl for adoptIon.
RECOMMENDATION
It IS respectfully recommended that the accompanYIng
ordInance be adopted.
PREPARED BY: Robert M. Myers) CIty Attorney
Stephen S. Stark) ASsIstant CIty Attorney
f"-5
APR 0 9 \985
VOTE: Affirmative: ~ ED/~ 5."c 'i.r7L<- y..,c;/-!
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~ ~ _P_R_O_O_( _v.:9]_E}~ _ WI TH_ _Al'tOJ.tI.~R PE~SON BEFORE ANYTHING
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BEFORE DISTRIBUTION CHECK CONTENT
DISTRIBUTION OF RESOLUTION #
Council Heeting Date /(,/r; //~.
'7
Agenda Item # (' ,- t?
Was it amended? N Z)
OF ALL FOR CITY _C~ERK'S ACTION
ORDINANCE # /'350
Introduced: J!i?c;/rJ---
Adopted~
AIJ,.;wIS PUBLISH AOOPI'llJ ORDINANCES*
*Cross out Attorney's approval
filed In Vault.
NEWSPAPER PUBLICATION (Date~
,
)
)
Department orIgInating staff report (
Management Ser~~~e? Lynne Barr~tte' urdinances only
Agency mentioned in document or staff report
JI
(certi fied?)
Subject file (agenda packet) 1
Counter file 1
Others:
,
Airport
Parking Auth.
AudItorum
Personnel
BUIlding Dept. Planning
Environ. Servo Police (en-
forcement?)
FInance
Purchasing
Fire
Recr/Parks
General Servo
Transportation
LIbrary
Treasurer
Manager t:~J--.7~
.
--L
SEND FOUP. COPIES OF ALL ORDINANCES TO:
CODED SYSTEMS, At'tn PehH'" Macl'earie
l20'Main ~'tr~et
, Av6~r N~w Jersey_07717 ,
SEND F0UR COPIES OF ALT. ORDTNAJo.WPS _to:
PRESIDING JUDGE
SANTA MONICA MUNICfPAL COURT
~725 MAIN STREET
SANTA MONICA, CA 90401
*Check Code Sect~ons before sending.
TOTAL COPIES
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CA:RMM:SSS:ms:pawnorda
Clty Counc1l Meetlng 4-9-85
Santa Mon1ca, Callfornla
ORDINANCE NUMBER
1336(CCS)
(Clty Council Serles)
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
MunlC1pal Code comprlslng SectIons 6800 through 6814 is
repealed,
SECTION 2.
Chapter 8 1S added to Artlcle VI of the
Santa Monlca MunICIpal Code to read as follows:
Chapter 8. SECONDHAND DEALERS.
Section 6800.
Name .t purpose t
and Scope.
ThlS Chapter shall be
called
the
"Secondhand
Dealer
OrdInance," It is lntended to curtall
the dissemInation of stolen property
and to facllltate the recovery of
stolen
property
by
lmposIng
regulatIons on the pawnIng, lendIng,
or sellIng of tang1ble property in the
City consistent WIth State law.
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SectIon
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
sellIng
property
in the bUSIness of bUYIng or
secondhand tangIble personal
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 initials or
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lnscription or which, at the tlme It
IS acquIred by the secondhand dealer,
bears eVidence of havlng had a serIal
number or personalized Initials or
inscrIptIon.
(b) All
tangIble
personal
property, new or used, received in
pledge as securIty for a loan by a
pawnbroker or a secondhand dealer
acting as a pawnbroker.
(c) All
tangIble
personal
property that bears a serial number or
personalized Initials or Inscription
whlch 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
personalized inItIals or lnscrlption.
(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 California
BUSIness & ProfeSSions Code Section
21627(b)(3).
(e) As used In thls Chapter,
~tanglble personal propeity" does not
Include any new goods or merchandIse
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purchased
from
a
bona
fIde
manufacturer
dIstrIbutor
or
wholesaler
or
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,
~tanglble personal property~ does not
Include COIns, monetIzed bullIon, or
commercIal grade
sllver, or other
lngots of gold,
precIous metals.
~Commercial 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.
secondhand
dealer
Llcenslng. Every
shall obtaIn a
license
from the Chlef of Police
pursuant to procedures conslstent 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.
by
The
thIS Chapter IS
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.
Every
to the
SectIon 6804. Dally ReportIng.
secondhand dealer shall report
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 lImIted to, the follow1ng
1nformatlon:
( a ) The
name,
address,
flngerprlnt, and Identif1cat1on card
number of the intended seller of the
property.
(b) A complete and reasonably
accurate descr1ptlon of such property,
includ1ng serlal numbers or other
1dentIfYIng marks or symbols.
(c) A cert1f1cat1on
by the
1ntended seller that to his or her
knowledge and bellef the InformatIon
1S true and complete.
(d) Such
other
1nformatIon
requ1red by the Ch1ef of Police.
Sect10n
6805.
Information
Requ1red.
No secondhand dealer shall
purchase, take 10 trade, take In pawn,
accept for sale on cons1gnment, accept
for auctionIng, or otherW1se rece1ve
any tangIble personal property unless
the secondhand dealer:
(a)
selllng,
deliver1ng
property
Has secured from the person
lend1ng, pawn1ng, or
the tanglble personal
the Identification number
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from a valld drivers llcense or other
ldentlflcatlon
card
issued
by a
government agency and contalnlng the
photograph of such person.
(b) Has secured from the person
sell lng,
dellverlng
property
lendIng, pawning, or
the tanglble personal
a fingerprInt of such
right index flnger In such
and locatlon as speclfled by
person's
manner
the Chlef of Pollce.
Requlred.
Every
Records and Slgn~
secondhand dealer
Sectlon 6806.
shall keep a complete record of all
tanglble personal property pledged to
or purchased by or received by hlm or
her, whlch record shall contaln all of
the matters requlred to be reported
pursuant to thlS Chapter. Every such
record and all tanglble personal
property pledged to or purchased by or
recelved by a secondhand dealer shall
be open at all tlmes durlng business
hours to the lnspectIon of the Chief
of Police or any pollce officer.
Every secondhand dealer shall
maIntaln on the premises where said
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bUSIness IS
printed In
suffICIent
located a
the EnglIsh
SIze to be
sign plaInly
language of
read from a
sIdewalk In front of saId place of
bUSIness) statIng that he or she IS a
pawnbroker, secondhand dealer, Junk
dealer) or junk collector. If the
bUSIness is conducted in an offIce
bUIldIng, the SIgn shall be placed at
the door 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 flIed, kept, or posted) shall be
English
legIble
or prInted
language,
manner.
entIrely in the
In a clear and
wrItten
Section 6807.
PolIce Records.
The ChIef of Police shall file In some
secure place In hIS offIce 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
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a court of competent Jurlsdlctlon made
for that purpose.
Sectlon 6808. Waltlng Perlod.
Every secondhand dealer shall retaln
1n hlS or her possesslon for a per10d
of 30 days all tangIble personal
property reported under the provlsions
of thIS Chapter. The 30-day holdIng
perIod shall commence wIth the date
the report of acqulsltlon of tangIble
personal property was made to the
Chlef of Pollce by the secondhand
dealer. The ChIef of Pollce may for
good cause, as speclfled by the
CalIfornIa Department of Just1ce,
authorlze prIor dlSposltlon of any
such property descrlbed In a speclflc
reportj provlded that a secondhand
dealer who disposes of tangible
personal property pursuant to such
authorization shall report the sale
thereof to the ChIef of Police.
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 1n thIS Chapter,
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or to any pawnshop t1cket, or make any
false entry 1n any report or record
requ1red by th1s Chapter.
1S purchased.
sale shall be
Sale.
provlde
sale to
property
purchaser
caples
at all
purchaser
lnspectlon
Sectlon 6810.
Cert1flcate of
Secondhand
and fUrnlsh
shall
dealers
a certlficate of
the person
referred to
from which any
1n th1s Chapter
certlflcate of
Such
and
slgned
seller.
Dupllcate
both
the
by
of certlflcates
tlmes be kept
and kept
of sale shall
on file by the
open to the
of the members of the
Pollce Department of the Clty.
Sectlon 6811. Double Holdlnq
Perlod. A secondhand dealer need not
comply wlth the provislons of thls
Chapter wlth respect to any tanglble
personal
purchased
has made
Sectlon
and
has
length
6808,
property receIved or
from any other person who
the report requlred under
6804 to the Pollce Department
held the property for the
of tlme requlred under Sectlon
except that such secondhand
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dealer shall report that such property
has been held for the requIred tIme by
the person from whom the property IS
receIved or purchased.
Section 6812.
DOIng Business
with 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
otherWise acqUIre an Interest In 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 thiS SectIon.
Section
6813.
Hours
of
BUSlneS$.
No secondhand dealer, or
hIS or her agent or employee, shall
engage in or conduct busIness
regulated by this Chapter In any
manner between the 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 appllcatlon and the
payment of a lIcense renewal fee to be
establlshed by Resolutlon of the Clty
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 bUSIness shall be
carrled on only In the bUllding or
buildlngs 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.
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{ 4 )
The
llcensee shall
not engage 1n any act 1n v1olatlon of
this Chapter or of any state law
regulat1ng the buslness of secondhand
dealer.
( 5 )
The
llcensee shall
not be convicted of an attempt to
rece1ve stolen property or any other
offense Involving stolen property.
For the purposes of th1S paragraph,
"convIcted" means a plea or verd1ct of
gUllty or a conv1ct1on following a
plea of nolo contendere. If a
lIcensee has been "conv1cted," actlon
may be taken when the t1me for appeal
has elapsed, or the Judgment of
conv1ctIon has been afflrmed on
appeal, or when an order grantlng
probation 1S made suspendlng the
lmposltion of sentence, lrrespectlve
of a subsequent order under the
provIsions of Sect10n 1203.4 of the
CalIfocnla Penal Code.
SECTION 3. Any provlsion of the Santa MonIca Munlclpal
Code or append1ces thereto lnconslstent with the provlslons of
thls ordlnance, to the extent of such lnconsistencles and no
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further, are hereby repealed or modlfied to that extent
necessary to effect the provIsIons of thIS ordInance.
SECTION 4.
If any part of thLS ordlnance IS for any
reason held to be InvalId or unconstltutlonal by a decIsIon of
any court of competent Jurlsdlctlon, such deciSIon shall not
affect
the valIdIty of the remaLning portions of thIS
ordinance.
The CIty CouncIl hereby declares that it would
have passed thIS ordlnance and each and every part not
declared Lnvalld or unconstItutIonal WIthout regard to whether
any part of thlS ordInance would be subsequently declared
InvalId or unconstltutlonal.
SECTION 5.
The Mayor shall SIgn and the Clty 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 LtS adoptlon.
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.
Il/\~~l~
~ Mayor
I hereby cert I fy that the forego Ing Ord inanee No. 1336 (CCS)
was duly and regularly introduced at a meetIng of the City
Goune lIon the 26th day of March 1985; that the saId Ordinance
was thereafter duly adopted at a meetlng of the CIty Councll 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
Abstaln: Couneilmembers:
None
Absent: Councilmembers:
None
ATTEST:
~-~~
- Clt( Clerk ----