13.1 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

“Secondhand dealer” shall have the meaning ascribed to it by Business and Professions Code section 21626.

“Tangible personal property” shall have the meaning ascribed to it by Business and Professions Code section 21627. (Ord. No. 193 [1950], §§ 1, 8; Ord. No. 59-25, § 1; Ord. No. 81-28, § 1.)

13.2 License - Required.

Repealed by Ord. 81-28, § 2.

13.3 Same - Limitations on number.

Repealed by Ord. 81-28, § 3.

13.4 Same - Application - Fee.

Prior to the granting of any license to engage in any business defined in Business and Professions Code section 21626, the applicant shall file with the chief of police a written, completed and signed application setting forth all of the information required by the State of California and such other information as the chief of police may reasonably require to enforce this chapter. (Ord. No. 93-9, § 13.)

Every application for a license shall be accompanied by a nonrefundable application fee designated by City Council Resolution.

This application fee shall be in addition to any other business license fee or permit fee imposed by the Fairfield City Code.

Renewal of a license is required yearly and must be accompanied by a nonrefundable application fee designated by City Council Resolution. A renewal application fee is in addition to any other business license fee imposed by the Fairfield City Code. (Ord. No. 59-25, § 1; Ord. No. 81-28, § 4; Ord. No. 2008-04, § 5.)

13.5 Same - Fingerprinting and investigation of applicant.

In addition to the information required by section 13.4, the applicant at the time of filing his application shall be fingerprinted by and his record filed in the police department. Upon the receipt of the application, the chief of police shall cause an investigation to be made of the moral character of the applicant, and shall make a recommendation based upon such investigation in regard to the character of the applicant. (Ord. No. 59-25, § 1; Ord. No. 93-9, § 13.)

13.6 Record of pawned, etc., articles - to be kept in bound book.

Every secondhand dealer shall keep or cause to be kept at the place of business a well-bound book containing the secondhand dealer’s copy of all completed forms upon which daily reports of transactions involving tangible personal property have been made pursuant to Business and Professions Code section 21628 and Financial Code section 21208. (Ord. No. 193 [1950], § 3; Ord. No. 81-28, § 5.)

13.7 Same - Legibility; time of entry; information to be kept.

Repealed by Ord. 91-28, § 6.

13.8 Same - Numbering and tagging of articles.

The reporting forms required to be bound by section 13.6 shall be numbered, and a tag corresponding to the number must be firmly attached to all tangible personal property taken into possession. (Ord. No. 193 [1950], § 3; Ord. No. 81-28, § 7.)

13.9 Disposition of pawned articles; holding period.

All tangible personal property shall, during the 30-day holding period required by Business and Professions Code section 21636, be maintained intact in a particular location in the place of business designated for that purpose.

A federal licensed firearms dealer engaged as a pawnbroker or secondhand dealer is exempt from holding a firearm for the period of time stated in this section whenever the firearm is received for shipment to another person, as defined by Public Law 90-618; provided, that an accurate description of the firearm, the name and address of the person delivering the firearm to the pawnbroker or secondhand dealer, and the name and address of the person to whom the firearm is to be shipped is furnished to the police department five (5) days prior to initiating shipment of the firearm. (Ord. No. 193 [1950], § 4; Ord. No. 71-45, § 1; Ord. No. 81-28, § 8; Ord. No. 93-9, § 13.)

13.10 Investigation by police, etc.; articles not to be concealed.

All pawned articles and the records pertaining thereto shall, upon demand, be exhibited to any sheriff, police officer, constable or other peace officer, and shall not in any manner be concealed. (Ord. No. 193 [1950], § 4; Ord. No. 93-9, § 13.)

13.11 Reports by dealers to police.

Repealed by Ord. No. 81-28, § 9.

13.12 Dealing with intoxicated persons and minors.

No secondhand dealer or any agent or employee thereof shall receive in pawn, purchase, exchange, or otherwise take into possession any tangible personal property from any person who shall appear to be or who is known to be intoxicated, or from any minor under the age of eighteen years.

Subject to the provisions of Penal Code section 501(a) and Finance Code section 21207, this prohibition shall not apply to a minor where the minor dealing with the secondhand dealer presents the written consent of his parent or guardian, duly signed, authorizing the particular transaction with the secondhand dealer. Such written consent shall be retained by the secondhand dealer dealing with such minor and shall be exhibited upon demand to any peace officer making inquiry. (Ord. No. 193 [1950], § 6; Ord. No. 81-28, § 10.)

13.13 Checking of baggage prohibited.

No person doing business as pawnbroker or secondhand dealer shall engage in, permit or allow any other person to engage in or permit the checking of baggage in the immediate premises occupied as the place of business of such pawnbroker or secondhand dealer. The term "immediate premises," as used in this section, shall mean and include all rooms, hallways, closets, stairways or basements having the same street number or common entrance and exit with the licensed premises. (Ord. No. 193 [1950], § 7; Ord. No. 59-25, § 1.)

13.14 Hours of operation.

It shall be unlawful for any person to engage in, conduct, manage or carry on the business of pawnbroker or secondhand dealer on Sunday and legal holidays, and between the hours of 6:00 p.m. of each and 9:00 a.m. of the following morning, except that on days before legal holidays and during the twenty-four days next preceding Christmas Day, each such person may engage in, conduct, manage or carry on such business until the hour of 9:00 p.m.

Legal holidays, for the purpose of this chapter and regulations set up therein, shall be defined as follows: All Sundays, New Year’s Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and from 12:00 noon until 3:00 p.m. on Good Friday. (Ord. No. 193 [1950], § 9; Ord. No. 59-25, § 1; Ord. No. 60-6, § 1.)

13.15 Redemption of property sold without authorization.

Whenever it shall appear by the oath of the person claiming to be the owner that certain of his property has been sold by another without any authority to any person conducting any business provided for in this chapter, it shall be the duty of the chief of police to make an investigation concerning the ownership of the property and to determine that no collusion exists between the claimant and the persons who pawned or sold the article in dispute.

In the event the police department finds that the person who makes the claim to the property described in the complaint is the lawful owner of such property and entitled to its possession, he shall notify the person of his finding and it shall be the duty of such person to return to the owner, without charge or expense of any kind, any property received from a person not authorized to sell the property. Failure to return such property as ordered will be sufficient grounds upon which to cancel the license and revoke the permit to do business.

Before any license shall be canceled for the failure to return property claimed by a third person, written charges shall be preferred against the holder of the license and the matter shall be heard and determined by the city council, at which hearing all parties interested may appear and present testimony in support of their respective contentions. (Ord. No. 193 [1950], § 11; Ord. No. 93-9, § 13.)

13.16 Provisions for forfeiture of lease.

The license of any pawnbroker or secondhand dealer shall be subject to forfeiture as provided in Business and Professions Code section 21642. Such revocation shall become effective upon service of written notification by the chief of police that the license for such pawnbroker or secondhand dealer has been forfeited.

Any person aggrieved by such revocation may appeal in the manner provided by sections 12.413 through 12.422 of this code. (Ord. No. 69-23, § 1; Ord. No. 71-15, § 1; Ord. No. 81-28, § 11; Ord. No. 93-9, § 13.)