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HomeMy WebLinkAbout57 - Pawn Brokers and Second-Hand Dealersiut C 18 CROAT MI OF TBE LITS OF COSTA ML MOMJZIXG PAX9 BROW .Al® SE 010 -BAER DEALMM I PROVIDING IM XXAMG 07 R710oRD9, UPORTI8a SAIM TO POLICE, AND PM1802DING Pl1ULTIES FOR VIWION u' urn i t , The City Council of the City of Costa Mesa does ordain as follows: Section 1. DEFINITI©I'St (a) slawnbrokera is any person conducting, managing, or carrying on a business of receiving goods in pledge for loans for which interest is enacted, or of purchasing goods and agreeing, at or before such purchase, to resell the same to the vendor at a stipulated price. (b) $Second—hand dealer« is any person candecting, managing, or carrying on the business of buying, selling or otherMae dealing in used or second—hand goods, but shall not be construed to apply to the receipt or sale of any second—hand goods by any person that received the sane as part payment on new goods, if such person is the authorized representative or agent of the manufacturer, jobber, or distributor of the said new goods sold and if an affidavit to that effect of such manufacturer, jobber or distributer, or the authorized officer thereof, is produced and filed with the City Clerk. Section 2. REPORT TO POLICE. Every pawnbroker or second—band dealer, and every person engaged in business of any kind who shall come into posses— sion of any used or second hand goods, except those received as part payment for new articles of goods, shall on each Monday and Thursday before the hour of lOsOO otclock in the morning mate out and deliver to the office of the Police Department, on blank foram to be obtained from the office of the Police Department for that purpose, a fall. true and complete report of all goods or things received an deposit, pledged, or purchased, and the true name and address, as nearly as the same are —1— known or can be ascertained, of the person by whom such article was left on deposit, pledged, or sold, together with a description of such person. Such report shall show the number of the pawn ticket, amount loaned, amount purchased, and an accurate description of each article left on deposit, pledged or purchased. A copy of this ordinance, to be furnished by the City Clerk, shall be kept conspicuously posted in the place of business of every such paw -broker or second-hand dealer. SWA on N RWMW OF GOODS. Crory pawn -broker or second-hand dealer shall keep a complete record of all goods, or things pledged to or purchased or received by him, or sold or otherwise disposed of, which record shall contain all the matters required to be shown in the report referred to and described in Section 2 above. Every such record, and all goods, and things pledged to or purchased or received by any such pawnbroker or second-hand dealer shall be open at all tilos during business hours to the inspection of any police officer in the City. SectL on 4. RAPM'PS FI1M IN POLICE DDPARTHT. The Chief of Police shall cause to be filed in the office of the Police Department all reports received pursuant to the terms of this ordinance and the same shall be open to inspection only by members of the Police Department of the City. Section 5• FAILtJRD TO RFPOM. No person conducting or managing the business of pawnbroker or second-hand dealer, or any agent or employee of any such person shall fail, refuse or neglect to file any report in accordance with the provisions of this ordinance, or fail, refuse, or neglect to keep any record as required by this ordinance, or fail, refuse or neglect to exhibit to any police officer of the City immediately upon demand for the privilege of such inspection my such reoord or any goods or things pledged to or purchased or received by such person. -2- Section 6, FIVE DAY PMaD, No pawnbroker or second—hand dealer shall sell or othervi.se dispose of any articles within five days after such article has been received or parchased by him. Section 7, SBCOMA$Y TO OTMM BUSINISS. livery person who shall conduct or manage the basiness of pawnbroker or second—hand dealer and which busi— ness is secondary, minor or incident to and is conducted or associated at the same location with some other business which is subject to the payment of a license fee shall make application and secure a permit for such basiness in the manner provided by any ordinance of this City and shall be subject to all the provisions of this ordinance; provided., however, that such person shall not be required to pay an additional license fee for such secondary, minor, incidental or associated business of pawnbroker or second—hand dealer. Section 8. PMMTY FM TIM ATICA. Aar person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than Three Hundred ($300.00) Dollars or by imprisonment in the City or County Jail for a period of not more than six (6) months, or by both such fine and imprisonment. Section 9. MCTMi0T CLA M. This ordinance shall take effect and be in fall force thirty (30) days from and after its passage and prior to the expiration of fifteen (15) days from thepsssage thereof shan be published once in the Costa Mesa Globe Herald., a weekly newspaper of general circ ]n tton, published and circulated in the City o Costa mesa* le _Passed and adopted this-�&"day of 1954. -- 1 ATTVST i Msyo ity of Costa Mesa City Clerk of the City o Costa Mesa 3- - ... STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) I, A. C. SWARTZ, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, do hereby certify that at a regular meeting of the City Council of the City of Costa Mesa, held on the 26th day of July, 1954, the foregoing ordinance, containing nine sections, was considered section by section, and that the said ordinance was then passed and adopted as a whole by the following vote: AYES: Councilmen Nelson, Martin, Smith, Pinkley and TeWinkle NOES: Councilmen - None ABSENT: Councilmen - None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Costa Mesa, California, this 26th day of July, 1954. City Clerk and ex- Icio Clerk of the City Council of the City of Costa Mesa, California ORDINANCE NO. 57 AN ORDINANCE OF THE CITY OF COSTA MESA REGULAT- ING PAWN BROKERS AND SECOND - HAND DEALERS, PROVIDING F OR KEEPING OF RECORDS, REPORTING SALES TO POLICE, A N D PRESCRIBI N G PENALTIES FOR VIOLATION THEREOF. The City Council of the City of Costa Mesa does ordain as follows: Section 1 DEFINITIONS: (a) "Pawn- broker" is any person conducting, managing, or carrying on a busi- ness of receiving goods in pledge for loans for which interest is ex- acted, or of purchasing goods and agreeing, at or before such pur- chase, to resell the same to the vendor at a stipulated price. (b) "Second-hand dealer" is any person conducting, managing, or carrying on the business of buying, selling or otherwise deal- ing in used or second-hand goods, but shall not be construed to ap- ply to the receipt or sale of any second-hand goods by any person that received the same as part payment on new goods, if such person is the authorized represen- tative or agent of the manufac- turer, jobber, or distributor of the said new goods sold and if an affidavit to that effect of such manufacturer, jobber or distribu- tor, or the authorized officer thereof, is produced and filed with the City Clerk. Section 2 REPORT TO POLICE. Every pawnbroker or second-hand deal- er, and every person engaged in business of any kind who shall come into possession of any used or second hand goods, except those received as part payment for new articles of goods, shall on each Monday and Thursday be- fore the hour of 10:00 o'clock in the morning make out and de- liver to the office of the Police Department, on blank forms to be obtained from the office of the Police Department for that pur- pose, a full, true and complete report of all goods or things re- ceived on deposit, pledged, or pur- chased, and the true name and address, as nearly as the same are known or can be ascertained, of the person by whom such ar- ticle was left on deposit, pledged, or sold, together with a descrip- tion of such person. Such report shall show the number of the pawn ticket, amount loaned, amount purchased, and an accu- rate description of each article left on deposit, pledged or pur- chased. A copy of this ordinance, to be furnished by the City Clerk, shall be kept conspicuously post- ed in the place of business of every such pawnbroker or second- hand dealer. Section 3 RECORD OF GOODS. Every pawnbroker or second-hand deal- er shall keep a complete record of all goods, or things pledged to or purchased or received by him, or sold or otherwise disposed of, which record shall contain all the matters required to be shown in the report referred to and des- cribed in Section 2 above. Every such record and all goods, and things pledged to or purchased or received by any such pawnbroker or second-hand dealer shall be open at all times during business hours to the inspection of any po- lice officer in the City. Section 4 REPORTS FILED IN POLICE DEPARTMENT. The Chief of Police shall cause to be filed in the office of the Police Depart- ment all reports received pur- suant to the terms of this ordi- nance and the same shall be open to inspection only by members of the Police Department of the City. Section 5 FAILURE TO REPORT. No person conducting or managing the business of pawnbroker or second-hand dealer, or any agent or employee of any such person shall fail, refuse or neglect to file any report in accordance with the provisions of this ordinance, or fail, refuse, or neglect to keep any record as required by this ordinance, or fail, refuse or ne- glect to exhibit to any police of- ficer of the City immediately up- on demand for the privilege of such inspection any such record or any goods or things pledged to or purchased or received by such person. Section 6 FIVE DAY PERIOD. No pawn- broker or second-hand dealer shall sell or otherwise dispose of any articles within five days after such article has been received or purchased by him. Section 7 SECONDARY TO OTHER BUSINESS. Every person who shall conduct or manage the busi- ness of pawnbroker or second- hand dealer and which business is secondary, minor or incident to and is conducted or associated at the same location with some other business which is subject to the payment of a license fee shall make application and secure a permit for such business in the manner provided by any ordi- nance of this City and shall be subject to all the provisions of this ordinance; provided, how- ever, that such person shall not be required to pay an additional license fee for such secondary, minor, incidental or associated business of pawnbroker or second- hand dealer. Section 8 PENALTY FOR VIOLATION. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misde- meanor and, upon conviction thereof, shall be punishable by a fine of not more than Three Hun- dred ($300.00) Dollars or by im- prisonment in the City or County Jail for a period of not more than six (6) months, or by both such fine and imprisonment. Section 9 ENACTMENT CLAUSE. This ordinance shall take effect and be in full force thirty (30) days from and after its passage and prior to the expiration of fifteen (15) days from the passage there- of shall be published once in the Costa Mesa Globe - Herald, a weekly newspaper of general cir- culation, published and circulated in the City of Costa Mesa. Passed and adopted this 26th day of July, 1954. C. M. NELSON Mayor of the City of Costa Mesa ATTEST: A. C. SWARTZ City Clerk of the City of Costa Mesa STATE OF CALIFORNIA: COUNTY OF ORANGE: ss CITY OF COSTA MESA: I, A. C. SWARTZ, City Clerk of the City of Costa Mesa, do hereby certify that at a regular meeting of the City Council of the City of Costa Mesa, held on the 26th day of July, 1954, the foregoing Ordinance, containing 9 sections, was considered section by section, and that the said Or- dinance was then passed and adopted as a whole by the fol- lowing vote: AYES: 5 COUNCILMEN: MARTIN, PINKLEY, SMITH, TEWINKLE and NELSON NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None. I further certify that said Or- dinance was thereupon signed by the Mayor of the City of Costa Mesa. ATTEST: A. C. SWARTZ City Clerk of the City of Costa Mesa.