SR-8-B (76)
CA:f:\atty\muni\strpts\mhs\pawnl
City Council Meeting 11-15-94
N~Jl
Santa Monica, California
TO: Mayor and city Counc1l
FROM: city Attorney
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING MUNICIPAL CODE SECTION 6.24.410
REGARDING PAWNBROKERS
At its meeting on October 11, 1994, the City council directed the
city Attorney to prepare an Ordinance increasing the number of
business licenses Wh1Ch could be issued for pawnbrokers to allow
the issuance of a license to an 1ndividual 11sted as second on the
waiting list. The ordinance is now presented to the City Council
for first reading.
At that same meeting, one councilmember
expressed a concern regarding the appropriateness of pawnbroker
bUS1nesses within the Bayside Specific Plan area.
A draft
modification to the Bayside District Specific Plan (formerly Third
Street Mall specific Plan) approved in principle by the Council in
1992 is currently being revised and is under environmental review.
After the Plan is adopted, implementing zoning ordinances will be
presented to the Council for adoptlon.
The Council may wish to
address the lssue of pawnbroker operations within the Bayside
Specific Plan area 1n the context of those upcoming proceedings.
NOY 1 5 1994
88
RECOMMENDATION
It is respectfully recommended that the accompanying ordinance be
introduced for first reading.
PREPARED BY:
Marsha Jones Moutrie, City Attorney
Mary H. Strobel, Deputy City Attorney
CA:f:\atty\muni\laws\mhs\pawn
City Council Meeting 11-15-94
Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING
MUNICIPAL CODE SECTION 6.24.410
REGARDING PAWNBROKERS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN
AS FOLLOWS:
SECTION 1. Effective January I, 1995, section 6.24.410 of the
Santa Monica Municipal Code is amended to read as follows:
SECTION 6.24.410 Pawnbroker.
Includes the business of loaning money upon any
personal property, personal security, or purchasing
personal property and reselling or agreeing to resell
such articles to the vendor or other ass1gnees at prices
previously agreed upon. It does not include the loaning
of money on personal property or personal security by any
bank authorized to do so under the laws of the State of
California.
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Each person now holding a business license for the
purpose of operating a pawnbroker business w1thin the
City of Santa Monica shall have the right to renew such
license each year p~c~i~i~g ~~~~_1~~ that such license
has not been revoked eF and is ~~~ renewed within 60 days
after the date of its expirati
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City Cl~:;:,~~ shall be authorized to issue such a license to
the person whose application on file in the office of the
ci tj' ~l::::;:,]~ Oirec':: : r :; -: ~': r' r..; _ for a pawnbroker's license
carried the earliest file date, except that in no event
shall a pawnbroker's license be issued to any person,
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li=:::~~:::, when such license
would increase the total number of pawnbrokers' licenses
in the City to a number greater than ~h~:::::: =:~r.
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The
annual license fee shall be fixed as provlded ln p:;:,ic~
~=d~ Section ~ 6.20.050, except that gross rece1pts
shall be deemed not to include money received on
repayment of the principal of a loan.
SECTION 2. Any provision of the Santa Monica Municipal Code or
appendices thereto, inconsistent with the provis1ons of this
Ordinance, to the extent of such inconsistenc1es and no further,
are hereby repealed or modified to that extent necessary to effect
the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconsti tutional by a decision of any court of any 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 section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalld or
unconstitutional.
SECTION 4.
The Mayor shall sign 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.
This Ordinance shall be
effective 30 days from its adoption.
APPROVED AS TO FORM:
'11;1 /~ I I J;.,t ~
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MARSHA JONES MOUTRIE
. ~ 1
Clty Attorney