20.52.010 Purpose.

The purpose of this chapter is to supplement the statutory scheme enacted by the State of California to regulate the activities of pawnbrokers, junk dealers and secondhand dealers and to provide a permit procedure for the relating business activity. (Ord. 1511)

20.52.020 Pawnbroker.

Every individual, firm, partnership, association or corporation who commences or carries on a business of a pawnbroker as defined by the laws of the State of California shall:

A. Obtain a pawnbroker’s permit from the City of Coronado in accordance with the provisions of this chapter.

B. Comply with such regulations as are imposed by the State of California.

20.52.030 Junk dealer.

Every individual, firm, partnership, association or corporation who commences or carries on a business of a junk dealer as defined by the laws of the State of California shall:

A. Obtain a junk dealer’s permit from the City of Coronado in accordance with the provisions of this chapter.

B. Comply with such regulations as are imposed by the State of California.

20.52.040 Secondhand dealer.

Every individual, firm, partnership, association or corporation who commences or carries on a business of a secondhand dealer as defined by the laws of the State of California shall:

A. Obtain a secondhand dealer’s permit from the City of Coronado in accordance with the provisions of this chapter.

B. Comply with such regulations as are imposed by the State of California.

20.52.050 Garage sale.

A. Every individual, firm, partnership, association or corporation who commences or carries on the business of a garage sale characterized by the holding out to the public for purchase secondhand personal property from the seller’s place of residence shall obtain a secondhand dealer’s permit in accordance with the provisions of this chapter.

B. A garage sale characterized by the following shall be considered as a permitted, accessory use in a Residential Zone that shall not require a permit under the provisions of this chapter:

1. The sale involves only the personal property of the resident seller; and

2. The sale is conducted only between the hours of 10:00 a.m. and 4:30 p.m. for no more than two consecutive days; and

3. The resident seller has not conducted a garage sale during the preceding six months; except that one additional sale may be conducted in conjunction with a change of residence of the resident seller.

20.52.060 Multiple license requirements.

When the primary aspect of a business is required to be licensed by another chapter of this code and a secondary aspect of such business involves the buying or selling of 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, such business shall obtain a permit for its primary aspect and a secondhand business permit for the described secondary aspect. However, such business shall be exempt from the permit fee imposed by this chapter.

20.52.070 Records of reports.

Reports submitted to the Director of Police Services by a licensee under this chapter shall be maintained by the Director of Police Services for a period of two years from the date of receipt and thereafter destroyed unless otherwise required for the operation of the Police Department.

20.52.080 Application for license.

A. The applicant shall file with the Director of Administrative Services an application, executed under oath or affirmation, containing the following information:

1. Permanent home address and full local address of applicant.

2. A brief description of the nature of the business, the goods to be acquired and disposed of, and the process of acquisition.

3. A photograph of the applicant, taken within 60 days immediately prior to the date of the filing of the application. The picture shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner.

4. The fingerprints of the applicant.

5. A statement as to whether the applicant has ever been convicted of any crime or misdemeanor involving property, and if so, the particular crimes or misdemeanors involved and the dates and places of such convictions.

B. To be accepted for filing, the application must be accompanied by a processing fee, the amount of which shall be established from time to time by the Director of Police Services to reflect the cost of administration and a deposit of the initial permit fee which shall be held pending the outcome of the application’s processing. The processing fee is nonrefundable.

20.52.090 Processing of application.

A. The application shall be referred by the Director of Administrative Services to the Director of Police Services for investigation. Except as otherwise provided, the application shall be submitted by the Director of Police Services to the Department of Justice for review.

B. In the event that the Director of Police Services, upon investigation, should determine that the issuance of such a permit to the applicant would be detrimental to the public health, safety or general welfare of the City, either because of the moral character of the applicant or the creation of a policing problem as a result of the establishment of a secondhand goods business in a particular location, or showing that an increase in the number of secondhand goods business activity over and above the existing activity within the City would be detrimental to the public health, safety or general welfare, those findings shall be prepared in writing and delivered to the applicant. The applicant may, upon receipt of such notice of denial, appeal the denial to the City Council within 10 days of the receipt of the denial by allowing the permit fee to remain on deposit and by filing a notice of appeal with the City Clerk of the City. The City Council shall set the matter of the denial for administrative hearing.

C. Upon approval of the Director of Police Services, the Director of Administrative Services shall issue the secondhand goods license.

20.52.100 Renewal of license.

A permit may be renewed prior to expiration by the payment of the current permit fee to the Director of Administrative Services.

20.52.120 Enforcement.

A. It shall be an infraction for any person to commence or carry on a business without first having obtained a permit required by this chapter. Each day that such business is carried on without a permit shall be a separate offense.

B. It shall be an infraction to conduct a business, an aspect of which is required to have a special secondhand dealer license, when such business has not been conducted in compliance with the reporting, recording and retaining provisions by this chapter.