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HomeMy WebLinkAbout81-16 Concerning Licensing and Regulation of Secondhand Dealersr ORDINANCE NO. 8'/-/6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING THE LICENSING AND REGULATION OF SECONDHAND DEALERS WITHIN THE CITY OF COSTA MESA THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS SECTION 1. The City Council of the City of Costa Mesa hereby finds and declares as follows: (a) That it is necessary, in order to implement changes in state law relating to secondhand dealers, to revise those provisions of the City of Costa Mesa Municipal Code regulating "pawnbrokers". (b) That it is the intent of the City Council of Costa Mesa in enacting this Article to curtail the dissemination of stolen property and to facilitate the recovery of stolen property by means of local enforce- ment of the uniform, statewide, state -administered program of regulation of secondhand dealers. (c) That it is the intent of the City Council of Costa Mesa, in revising those sections of the City'Municipal Code relating to the necessity of a business permit for persons operating a business engaged in live entertainment with public dancing, to reword those sections to better reflect the actual interpretation which they have been given in the past. (d) For the above reasons and others, the public health, safety and general welfare require that regulations be established to support the uniform, statewide program of licensing and reporting required of persons engaged in the business of secondhand goods. NOW, THEREFORE, the Costa Mesa Municipal Code, Title 9, is hereby amended by adding thereto the -following sections: SECTION 2. Section 9-125. Businesses, professions, trades and occupations requiring a permit under the provisions of this chapter. (a)' Advertising by means of banners, benches, handbills, signs attached to real property other than billboards, sound trucks or vehicles with mechanical sound amplifiers attached thereto; (b) Wheelchair bus services; (c) Amusement games, rides or similar devices; (d) Auction sales/closeout sales and other advertised sales con- veying to the public that the business is ceasing its operation; (e) Auto wrecking, disassembling and dismantling business; (f) Carnival, circus or circus parade; (g) Christmas tree lots; (h) Dances, dance hall; (i) Live entertainment with public dancing (including concerts, contests, exhibitions, performances, shows or similar activities); (j) House number painter; (k) Itinerant merchant; (1) Junk collector/dealer; (m) Massage parlor, masseur, masseuse; (n) Peddler, retail, door-to-door; (o) Safe and sane fireworks sales; (p) Solicitors for charitable purposes; (q) Solicitors, door-to-door; (r) Swap meet; (s) Taxicab operators and taxicab drivers. Section 9-127. Businesses requiring city council permits. (a) Advertising by sound trucks; advertising by street banners or signs on other than permanent billboards; (b) Auto wrecking, disassembling and dismantling business; (c) Carnivals, circuses, circus parades; (d) Dances, dance halls; (e) Live entertainment with public dancing inluding: (1) Concerts (2) Contests (3) Exhibitions (4) Performances (5) Shows and similar activities (f) Taxicab operators; (g) Solicitors for charitable purposes; (h) Swap meet. -2- 7 Section 9-130. Businesses where the chief of police may issue permits in case of no objection. The chief of police may issue permits for the hereinafter named businesses without submission of the same to the city council when he has obtained no evidence indicating that the public peace, health, safety, or welfare or the purposes of this title will be injured by the granting of such a permit, and where in addition there are no protests or objections to said permit. In the event any of the foregoing should exist, the chief of police may refer any of the hereinafter mentioned applications for hearing before the city council without considering the same himself. This section applies to the following enumerated busi- nesses hereinbefore enumerated in this chapter under Section 9-125. (a) Massage parlor, masseur, masseuse; (b) Peddlers (door-to-door); (c) Solicitors (door-to-door); (d) Taxicab drivers. ARTICLE 12 SECONDHAND DEALERS Section 9-209. Adoption of state acts. Pursuant to the authority granted in section 21638, of the Business and Professions Code of the State of California, the definitions, rules, regulations, requirements, exceptions and any limitations relating to secondhand goods and secondhand dealers, found in Division 8, Chapter IX, sections 21500 through and including 21653, Business and Professions Code of the State of California, and Division 8, Chapter II, sections 21200 through and including 21209, of the Financial Code, of the State of California, as they now exist or may hereafter be amended, are hereby adopted as the law of this city. The provisions of this Article are supplemental to those of state law. Section 9-210. Secondhand dealer; requirement for license. No person, firm, corporation or other entities shall engage in the occupation of secondhand dealer as defined in State of California Business and Professions Code Section 21626 without first obtaining a license from the chief of police to engage in said activity. Application for said license shall be made with the director of finance of the City of Costa Mesa. All forms for application and licensure and license renewal, shall be prescribed and provided by the -3- California Department of Justice and will be made available at the office of the director of finance. A fee may be charged to the appli- cant as specified by the director of finance, in addition to the fees required by the California Department of Justice for the initial license application. Application for licenses and applications for renewal received by the director of finance shall be immediately forwarded to the chief of police. Section 9-211. Conditions on Licenses. The application for license to engage in the occupation of second- hand dealers, shall be considered by the chief of police. The chief of police shall grant a license, on forms prepared by the California Department of Justice, permitting the licensee to engage in the business of secondhand dealer to an applicant who has not been convicted of any offense involving stolen property, as defined for these purposes by the office of the Attorney General of the State of California. Applicants, who have been denied a license because of a conviction for an offense involving stolen property, shall be informed of their right to review their criminal history record in accordance with the provisions of Article 5 of the State of California Penal Code, relating to the exami- nation of records. The issuance of all licenses shall automatically be subject to the conditions set forth in Section 9-213(b). Prior to the granting of a license, the chief of police shall sub- mit the application, the applicant's fingerprint card and the appropriate state fees to the California Department of Justice. If the Department of Justice does not comment on the application within 30 days thereafter, the chief of police shall request the Department of Justice to prepare a license and shall grant or deny a license based on the information then available concerning the applicant(s). Section 9-212. Inactive Licenses. Any license to engage in the occupation of secondhand dealer which has been granted by the chief of police, pursuant to this ordinance shall be deemed to have expired within six (6) months of the granting thereof, if the licensee has not actively engaged in said occupation. The licensee hereunder shall not be deemed to have been actively engaged '_C in the occupation unless he shall have maintained a licensed place of business within the corporate limits of the city, which said premises shall have been opened and have been in continuous operation for at least ninety (90) days during said six-month period. Any permit to engage in the occupation of pawnbroker, which exists under the provisions of the previous ordinance as of the date of the adoption of this ordinance, shall be deemed to have expired. Permittees under the previous ordinance shall be required to make application through the director of finance for a secondhand dealers license, pur- suant Section 9-210, within thirty (30) days of the adoption of this ordinance should they desire to continue operating their business as a secondhand dealer. Section 9-213. License renewal; grounds for revocation. (a) A license granted pursuant to Section 9-211 and the require- ments of state law shall be renewable one year from the date of issue, and annually thereafter, upon the filing of a renewal application with the director of finance and the payment of a license renewal fee speci- fied by the director of finance. (b) The license shall be subject to revocation by the city, or an application for renewal may be denied, and the licensee's activity as a secondhand dealer shall be subject to being enjoined pursuant to California Business and Professions Code Section 21646 for violation of any of the following conditions: 1) The licensee or any employee thereof shall not engage in any act which is in violation of Chapter 9, Article 4, Sections 21625- 21653 of the California Business and Professions Code relating to secondhand dealers and secondhand goods as they now exist or may here- after be amended. 2) The licensee or any employee thereof shall not be convicted of any offense involving stolen property, as defined for these purposes by the office of Attorney General for the State of California. 3) The licensee or any employee thereof shall not engage in the business of secondhand goods with any minor. 4) The business shall be carried on only in the building or buildings designated in the license. -5- 5) The license or a copy thereof, certified by the chief of police, shall be displayed on the premises where it can be easily seen. 6) Any and all reports required to be filed with the chief of police under state law shall be clearly printed or typed on forms provided by the chief of police from the California Department of Justice so as to be completely legible and shall be signed by the licensee or employee thereof who actually made the transaction described. Any report illegible or unsigned may be rejected by the police department and treated as an unfiled report. Repeated violation of this subsection shall be be grounds for revocation of the license or a denial of the renewal thereof. (c) For purposes of revocation, or denial of an application for renewal, the chief of police, or his designee, shall hold a hearing to consider the grounds for revoking, or denying renewal of, the license. Notice of the hearing by certified mail shall be given to the licensee at least 10 days prior to the hearing stating the conditions that were violated. The decision of the chief of police or his designee shall be final and shall be based on written findings signed by the chief of police. (d) Prior to granting renewal of a license, the chief of police shall submit a copy of the renewal application and any necessary fees to the California Department of Justice for comment. If the Department of Justice does not comment on the renewal application within 30 days thereafter, the chief of police shall grant or deny a renewal applica- tion, based on the information then available concerning the applicant's compliance with the laws relating to secondhand dealers. Section 9-214. Responsibilities of chief of police. It shall be the sole responsibility of the chief of police to: 1) Determine, upon the advice of the director of finance, which businesses in the community meet the definition of a secondhand dealer as defined in California Business Code Section 21626 and to enforce the requirements of law as to those businesses. 2) Authorize, for good cause, as specified by the California Department of Justice, the early release of tangible personal property held by a secondhand dealer pursuant to California Business and Profes- sions Code Section 21636, provided the secondhand dealer has complied with the requirements of state law. cm 3) Forward the original copy of all daily secondhand dealer reports required under state law to the California Department of Justice. Sections 9-215 - 9-218. Reserved. SECTION 3. 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 thereof, shall be published once in the Orange Coast Daily Pilot, a newspaper of general circulation, printed and published in the City of Costa Mesa, or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certi- fied copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordi- nance and within fifteen (15) days after adoption the City Clerk shall cause to be published, the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this "day of 1981. ATTEST: C'ty Clerk of e City of Costa Me a APPROVED AS TO FORM: City AtIcbrney of the City of Costa Mesa -7- . r� t o L ma of the City of Costa Mesa — I STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. -g/-/4- was introduced and considered section by section at a egular meeting of said City Council held on the aid day of , 1981, and thereafter passed and adopte as a whole !,,rt -,a regul meeting of said City Council held on the day of 1981, by the following roll call vote: e AYES: COUNCILMEMBERS: NOES: COUNCILMF14BERS: ABSENT: COUNCILMEMBERS: IN WITNESS WHEREOF, I have hereunto set my and and of fixed the Seal of the City of Costa Mesa this Way of 1981. SI-11t,oi CiTq Clerk and ex -officio Clerk 4 the City Council of the City -of Cos Mesa