Chapter 12B
JUNK AND SECONDHAND DEALERS

Sections:

12B.1    Definitions.

12B.2    Permit—Required.

12B.3    Permit—Application.

12B.4    Permit—Issuance; subject to compliance, prerequisite to license.

12B.5    Permit—Revocation; hearing and notice thereof, restoration.

12B.6    Records required; contents open to inspection; language and legibility.

12B.7    Unlawful acts.

12B.8    Retention of tangible personal property; reporting of transactions.

12B.9    Engaging in more than one business.

12B.10    Violation; penalty.

12B.1 Definitions.

(a) For the purposes of this chapter a “junk dealer” shall be a person, firm or corporation having a fixed place of business in the city and engaged in conducting, managing or carrying on the business of buying, selling or otherwise dealing in either wholesale or retail any old rags, sacks, plastic or glass bottles, cans, paper, scrap metal, metal wire or tubing, or metal in any form, or other articles commonly known as junk.

(b) “Secondhand dealer,” as used in this chapter, shall be defined as provided in Sections 21626 and 21626.5 of the California Business and Professions Code.

(c) “Tangible personal property,” as used in this chapter, shall be defined as provided in Section 21627 of the California Business and Professions Code. (Ord. No. 2016-04, § 1, 3-7-16)

12B.2 Permit—Required.

It shall be unlawful for any person to engage in, conduct, manage or carry on the business of secondhand dealer or junk dealer without first applying for and receiving a permit therefor in writing from the chief of police in the manner provided in this chapter. The conduct of such businesses shall comply with the requirements of this chapter and the California Business and Professions Code Sections 21600 et seq. (Ord. No. 2016-04, § 1, 3-7-16)

12B.3 Permit—Application.

Any person desiring to obtain a permit to conduct or carry on the business of a secondhand dealer or junk dealer shall file an application in writing therefor with the chief of police. In addition to any other information required on the form, the applicant shall specify by street and number the place where such business is proposed to be conducted or carried on and said application shall be signed by the applicant and shall contain the residence address of the applicant. In addition to the application required in this chapter, the applicant shall also be required to complete any such additional forms as prescribed and provided by the Department of Justice. (Ord. No. 2016-04, § 1, 3-7-16)

12B.4 Permit—Issuance; subject to compliance, prerequisite to license.

(a) No permit to conduct or to carry on the business of a secondhand dealer or junk dealer shall be granted to any person unless the person shall first have made an application in writing for a permit on forms required by the city and as prescribed and provided by the Department of Justice. No person shall be issued a permit to carry on the business of a secondhand dealer or junk dealer if that person has been convicted of an attempt to receive stolen property or any other offense involving stolen property. Prior to the granting of a permit under this chapter, the application for said permit shall be submitted to the Department of Justice in accordance with the procedure set forth in Section 21641 of the California Business and Professions Code.

(b) The city finance department shall not issue any business license to any person to conduct or carry on the business of a secondhand dealer or junk dealer until the chief of police shall have granted a permit therefor as provided in this chapter. Permits granted under this chapter shall be renewable one (1) year from the date of issue and annually thereafter upon the filing of a renewal application and the payment of appropriate fees as adopted by council resolution and subject to the requirements provided in Section 21642 of the California Business and Professions Code. (Ord. No. 2016-04, § 1, 3-7-16)

12B.5 Permit—Revocation; hearing and notice thereof, restoration.

(a) In the event that any person holding a permit to conduct or carry on the business of secondhand dealer or junk dealer shall violate, cause or permit to be violated any of the provisions of this chapter or any provision of any ordinance or any law relating to or regulating any such business or shall conduct or carry on such business in an unlawful manner or shall cause or permit such business to be conducted or carried on in an unlawful manner, it shall be the duty of the chief of police in addition to the other penalties provided by this chapter, to revoke the permit for conducting or carrying on such business, and after the permit of any person to conduct or carry on any business under the provisions of this chapter shall be revoked, no permit shall be granted to such person to conduct or carry on any such business within six (6) months after such revocation.

(b) No permit shall be revoked without the option of an appeal hearing by the city council in the matter of the revocation of such permit. Notice shall state the grounds of complaint against the business carried on by such holder and shall also state the time when and the place where such hearing will be held. (Ord. No. 2016-04, § 1, 3-7-16)

12B.6 Records required; contents open to inspection; language and legibility.

(a) Every secondhand dealer or junk dealer shall keep a full, true and complete record of all goods, wares, merchandise or things purchased or received by the secondhand dealer or junk dealer.

(b) Such record shall demonstrate a complete ownership transfer history, including the place and date of each article purchased or received, or sold or disposed of, and one (1) of the following methods to identify the person from whom such article was purchased and the person from whom such article was received:

(1) The name, valid driver’s license number and state of issue or California or United States issued identification card number.

(2) The name, identification number, and country of issue from a passport used for identification and the address from an additional item of identification that also bears the seller’s name.

(3) The name and identification number from a Matricula Consular used for identification and the address from an additional item of identification that also bears the seller’s name.

(c) Such record shall also show the amount purchased and an itemized list of the articles purchased or received and if any articles so purchased and received have engraved thereon any number, word or initial or contain any settings of any kind, the description of such article in such record shall contain such number, word or initial and shall show the kind of settings and the number of each kind.

(d) Such record shall also contain a full, true and complete description of all goods, wares, merchandise or things sold or otherwise disposed of by such secondhand dealer or junk dealer.

(e) Such record shall include the vehicle license number, including the state of issue, of any motor vehicle used in transporting the junk to or from the junk dealer’s or recycler’s place of business.

(f) A statement indicating either that the seller of the secondhand or junk items is the owner of it, or the name of the person he or she obtained the junk from, as shown on a signed transfer document.

(g) The record referred to in this chapter shall be entered immediately after any transaction referred to in this section has taken place, and such record shall be kept as permanent record in the place of business of such secondhand dealer or junk dealer and shall be open at all times during business hours to the inspection of the chief of police or any police officer of the city.

(h) Every record required by the terms of this chapter to be kept shall be written or printed entirely in the English language and in a clear and legible manner. (Ord. No. 2016-04, § 1, 3-7-16)

12B.7 Unlawful acts.

It shall be unlawful for any persons engaged in conducting or carrying on the business of secondhand dealer or junk dealer or for any agent or employee of any such person to fail, refuse or neglect to exhibit to the chief of police or any police officer of the city immediately upon demand the privilege of the inspection of any such record or records in this chapter that are required to be kept. (Ord. No. 2016-04, § 1, 3-7-16)

12B.8 Retention of tangible personal property; reporting of transactions.

(a) Every secondhand or junk dealer shall retain in his or her possession for a period of thirty (30) days all tangible personal property reported under the provisions of this chapter. The thirty (30) day holding period with respect to such tangible personal property shall commence with the date the report of its acquisition was made to the chief of police by the secondhand dealer or junk dealer. The chief of police may for good cause, as specified by the Department of Justice, authorize prior disposition of any such property described in a specific report; provided, that a secondhand dealer or junk dealer who disposes of tangible personal property pursuant to such authorization shall report the sale thereof to the chief of police.

(b) Every secondhand dealer or junk dealer shall report daily, or on the first working day after receipt for purchase of tangible personal property, on forms prescribed or provided by the Department of Justice, all tangible personal property which he or she has purchased, taken in trade, taken in pawn, accepted for sale or consignment, or accepted for auctioning, to the chief of police in accordance with the provisions of this chapter and the provisions of Section 21628 of the California Business and Professions Code. (Ord. No. 2016-04, § 1, 3-7-16)

12B.9 Engaging in more than one business.

If any person shall engage in conducting, managing or carrying on at the same time more than one (1) of the businesses defined and referred to in this chapter, such person shall be deemed to be engaged in conducting, managing and carrying on such business separate and apart from such other business and the person shall comply in all respects with the provisions of this chapter relating to each such business and it shall be unlawful for any such person to fail, refuse or neglect to do so. (Ord. No. 2016-04, § 1, 3-7-16)

12B.10 Violation; penalty.

(a) The violation of any of the provisions of this chapter not otherwise punishable under Section 21645 of the California Business and Professions Code is a misdemeanor.

(b) It is unlawful and a violation of this chapter for any person who is engaged in the salvage, recycling, purchase, or sale of scrap metal to possess any of the items listed below that were owned or previously owned by any public agency, city, county, city and county, special district, or private utility that have been stolen or obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or fails to report possession of the items pursuant to the California Business and Professions Code:

(1) A fire hydrant or any reasonably recognizable part of that hydrant.

(2) Any fire department connection, including, but not limited to, reasonably recognizable bronze or brass fittings and parts.

(3) Manhole covers or lids, or any reasonably recognizable part of those manhole covers and lids.

(4) Backflow devices and connections to that device, or any part of that device.

(c) A junk dealer who unknowingly takes possession of one (1) or more of the items listed in subsection (b) of this section, as part of a load of otherwise nonprohibited materials without a written certification, has a duty to notify the appropriate law enforcement agency by the end of the next business day upon discovery of the prohibited material. Written confirmation shall relieve the junk dealer or recycler from any civil or criminal penalty for possession of the prohibited material. The prohibited material shall be set aside and not sold pending a determination made by the chief of police.

(d) Each person shall be deemed guilty of a separate offense for every day during a portion of which any violation of any provision of this chapter, not otherwise punishable under Section 21645 of the California Business and Professions Code, is committed, continued or permitted by such person, and shall be punishable therefor as provided elsewhere in this Code. (Ord. No. 2016-04, § 1, 3-7-16)