Chapter 5.32
SECONDHAND DEALERS
Sections:
5.32.060 Records of Chief of Police.
5.32.070 Retention of goods period.
5.32.080 Goods not to be altered.
5.32.090 Goods released by Chief of Police.
5.32.100 Hold-order by Chief of Police.
5.32.120 Compliance with zoning ordinance.
5.32.010 Findings.
The City Council finds that secondhand businesses provide a means of disposing of stolen goods. Investigation by police agencies reveals that new, used and stolen property are acquired and sold by secondhand businesses. Because secondhand businesses can be ready vehicles of the disposal of stolen goods, such businesses should be subject to controls which will decrease the potential traffic in such stolen goods. (Ord. 29 § 1, 1981; CC § 21.700)
5.32.020 Intent.
It is the intent of this chapter to preclude secondhand businesses from being depositories for stolen goods by providing control over the goods purchased and sold by secondhand businesses, especially such goods that are subject to theft and subsequent disposal by way of sale. (Ord. 29 § 1, 1981; CC § 21.701)
5.32.030 Definitions.
For the purposes of this chapter, the following definitions shall apply:
A. “Antique” means objects of art, bric-a-brac, curios or household furniture or furnishings offered for sale upon the basis, express or implied, that the value of property, in whole or in substantial part, is derived from its age or from its historical associations. All references to secondhand personal property or secondhand property in this chapter include antiques.
B. “Antique dealer” means any person who engages in the business of buying and selling, trading or accepting for sale on consignment antiques. All references to secondhand dealer in this chapter include antique dealer.
C. “Dealer” means either an antique or secondhand dealer.
D. “Doing business” means engaging in the business of an antique or secondhand dealer in the City.
E. “Person” means an individual, firm, partnership, association or corporation.
F. “Secondhand dealer” means any person who engages in the business of buying and selling, trading or accepting for sale on consignment secondhand property.
G. “Secondhand property” means personal property of which prior use has been made. (Ord. 29 § 1, 1981; CC § 21.702)
5.32.040 License.
The procedure to follow, except as otherwise provided in this chapter, in obtaining a license is that set forth in the uniform licensing procedure, set out in Chapter 5.04 PMC. The fee for a license shall be established by City Council resolution from time to time. (Ord. 683 § 11, 2008; Ord. 29 § 1, 1981; CC § 21.706)
5.32.050 Records of dealer.
At the end of each week every dealer shall file with the Chief of Police properly completed “buy form” records for all property received during such week by such dealer. Such “buy form” records shall be on forms furnished by the Chief of Police. The “buy form” records shall be made in triplicate, written, printed or typed in a legible manner. The “buy form” shall contain the following information:
A. The name of the person from whom the goods were purchased, together with the address, and description of the person from whom such goods were purchased and the license number and description of the vehicle in which the goods were delivered to the dealer;
B. A description of the thing or things purchased by the name of the article, the name of the manufacturer, if known, and serial number or numbers, and initials or identifying marks or inscriptions if the article is one which is identified by such numbers, initials, marks or inscriptions;
C. Such other information required by the Chief of Police which may assist in the detection of stolen property;
D. A copy of each “buy form” record shall be kept on file at the place of business of the licensee for a period of two years, and shall be available for inspection by the Chief of Police or any of his deputies, or any peace officer of this State, at all reasonable times.
E. This section shall not apply to antiques or secondhand property which a dealer has acquired from another person who under the applicable State and/or local laws shall have previously reported such antiques or secondhand property to the appropriate police agency. The dealer acquiring such property shall upon demand by the Chief of Police present satisfactory records of such prior reporting. (Ord. 29 § 1, 1981; CC § 21.708)
5.32.060 Records of Chief of Police.
The Chief of Police shall maintain a file of all records received pursuant to the terms of this chapter for a period of two years and such records shall be open to inspection by any peace officer of this State. (Ord. 29 § 1, 1981; CC § 21.709)
5.32.070 Retention of goods period.
Except as otherwise provided in this chapter:
A. Every dealer shall retain in his possession for a period of 10 days after acquisition by him all antiques and/or secondhand personal property prior to any sale or disposal.
B. The 10-day holding period shall commence with the date that the “buy form” report of its acquisition is filed with the Chief of Police by the dealer. Under such conditions as he may require, the Chief of Police may for good cause authorize prior disposition of any such property in lieu of holding the property for the prescribed 10 days.
C. This section shall not apply to antiques or secondhand property which a dealer has acquired from another person who under applicable State and/or local laws shall have previously held such antiques or secondhand property for the period prescribed by such laws. The dealer acquiring such property shall upon demand by the Chief of Police present satisfactory records that such antiques or secondhand property shall have been held for such required period. (Ord. 29 § 1, 1981; CC § 21.710)
5.32.080 Goods not to be altered.
A secondhand dealer shall not allow any secondhand property pledged to or purchased by him to be cleaned, altered, repaired, painted or otherwise changed in appearance until such secondhand property has been held for the time required by this chapter or unless released by the Chief of Police. Such secondhand property shall be exposed to public view during business hours for the duration of the holding period or until released by the Chief of Police. (Ord. 29 § 1, 1981; CC § 21.711)
5.32.090 Goods released by Chief of Police.
The Chief of Police may release any property required to be held by this chapter, if after an inspection he is satisfied that such property is in the lawful possession of the secondhand dealer. (Ord. 29 § 1, 1981; CC § 21.712)
5.32.100 Hold-order by Chief of Police.
The Chief of Police may place a hold-order for a period of 30 days upon any property acquired by the secondhand dealer in the course of his business and upon release of such property the Chief of Police may require the secondhand dealer to keep a true record of such property and include therewith the true name and address of the person to whom such property was sold, or a record of any other method of disposition. The secondhand dealer shall keep for two years any record required under this section. (Ord. 29 § 1, 1981; CC § 21.713)
5.32.110 Export.
A secondhand dealer shall not export from this City any secondhand property pledged to or received by such secondhand dealer in his capacity as secondhand dealer until the Chief of Police has inspected and released such property. (Ord. 29 § 1, 1981; CC § 21.714)
5.32.120 Compliance with zoning ordinance.
No secondhand businesses may be carried on where prohibited by the zoning ordinance or within a structure which does not comply with applicable building code regulations. Any application denied or any license suspended or revoked because of violation of the terms of this section shall be final and there shall be no right of appeal from such denial of application or revocation or suspension of license. (Ord. 29 § 1, 1981; CC § 21.719)
5.32.130 Exceptions.
The following are excluded from the operation of this chapter:
A. Secondhand motor vehicles the transfer of ownership of which is required to be made a matter of record with the California Motor Vehicle Department pursuant to the Vehicle Code, except that the records of dealers of purchases and sales of such articles made within the City shall be open to the inspection of the Chief of Police.
B. Receipt or sale of a secondhand article by any person that received such secondhand article as part payment of a new article, if such person is the authorized representative or agent of the manufacturer of or regularly deals in the new article sold. (Ord. 29 § 1, 1981; CC § 21.720)