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SR-8-B (20) ..... e e 2C?g-C)/5 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;/-! :r, Ne!:,a t~ ve : f/--;?c.v--?"t ~r--r':-7F ~ Absta1n~ / ~ Absent~ ~ ~ _P_R_O_O_( _v.:9]_E}~ _ WI TH_ _Al'tOJ.tI.~R PE~SON BEFORE ANYTHING ; U~~lKl~UllUN~ UKlb~NfiL ~o De signeci, sealed and l-< o r; 10 ...... :::> 'oJ ....... :n <1.) > r-I <1.) U {) I-< +J o ~ >. (!) ~ k o +-I +-' <t: +-J ('j ..c: +-' "'CI ~ +-' Vl <1.) ~ cr' (!) I-< ~ U r-I l,j..l '-H o III - >- <1.) s:: I-< o +-' +-' .::c: >- +-' ,., U 4-l o ('j +-J I-< ~ .0 o IX . ~ ~~ .... e e 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 /3 e e 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. 1 - -. e e 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 2 e e 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 3 e e 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 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 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, 5 e e 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 6 e e 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 7 e e 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 8 e e 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, 9 e e 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 10 e e 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. 11 e e 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. 12 e e { 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 13 e e 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: ~~. ""-.r- Q~ ~ -1 ROBERT M. MYERS City Attorney 14 e e 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 ----