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City of Hermosa Beach Municipal Code -- Business Licenses


CITY OF

HERMOSA BEACH

MUNICIPAL CODE ON-LINE


BUSINESS LICENSES AND REGULATIONS



Chapter 5.60


PAWNBROKERS, SECONDHAND DEALERS AND JUNK DEALERS




5.60.010

Definitions.

5.60.020

Permit required.

5.60.030

Application for permit.

5.60.040

Prerequisite to issuance of permit--Permit prerequisite to issuance of license.

5.60.050

Revocation or suspension of permit.

5.60.060

Junk dealer's daily report.

5.60.070

Metals purchased by junk dealers to be kept for three days.

5.60.080

Junk collector's license number to appear on dealer's report.

5.60.090

Report blank specifications.

5.60.100

Reports to be filed --Inspection of reports.

5.60.110

Reports to be written in legible English.

5.60.120

Failure to file report.

5.60.130

Records to be kept --Inspection of records.

5.60.140

Signs required.

5.60.150

Limitation on sale of goods obtained by pawnbroker or secondhand dealer.

5.60.160

Limitation on sale of goods received by junk collector.

5.60.170

Exceptions to Sections 5.60.130 through 5.60.150.

5.60.180

Chapter inapplicable to secondhand articles properly reported.

5.60.190

Hours of operation.

5.60.200

Joint operations deemed separate businesses.

5.60.210

Chapter not to affect license provisions.







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5.60. 010 Definitions.

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

"Junk collector" is a person not having a fixed place of business in the city, who goes from house to house or from place to place gathering, collecting, buying, selling or otherwise dealing in any old rags, sacks, bottles, cans, paper, metal or other articles commonly known as junk.

"Junk dealer" is a person 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 at wholesale or retail, of any old rags, sacks, bottles, cans, papers, metal or other articles commonly known as junk.

"Pawnbroker" is a person engaged in, conducting, managing or carrying on the business of loaning money, for himself, or for any other person, upon personal property, personal security, pawns or pledges, or the business of purchasing articles of personal property and reselling or agreeing to resell such articles to the vendors or their assignees, at prices agreed upon at or before the time of such purchase.

"Pawn-shop" is any room, store or place in which any such business is engaged in, carried on or conducted.

"Secondhand dealer" is a person engaged in, conducting, managing or carrying on the business of buying, selling or otherwise dealing in secondhand goods, wares or merchandise, and making two or more sales of secondhand goods, wares or merchandise during any one calendar month and whether or not such business and such sales are carried on in connection with a regular retail or other business. (Prior code § 23-1)


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5.60. 020 Permit required.

It is unlawful for any person to engage in, conduct, manage or carry on the business of pawnbroker, secondhand dealer, junk dealer or junk collector without first applying for and receiving a permit therefor, in writing, from the chief of police in the manner provided in this chapter. (Prior code § 23-2)


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5.60. 030 Application for permit.

Any person desiring to obtain the permit required by the preceding section shall file an application in writing with the chief of police specifying by street and number the place where such business is proposed to be conducted or carried on, or in the case of a junk collector who has no fixed place of business, then such application shall specify by street and number his residence. Such application shall be signed by the applicant and shall contain the address of such applicant. (Prior code § 23-3)


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5.60. 040 Prerequisite to issuance of permit--Permit prerequisite to issuance of license.

No permit to conduct or carry on any business mentioned in Section 5.60.010 shall be granted by the chief of police to a person who fails or neglects to comply with the laws or ordinances and regulating the business for which such permit is sought. A license shall not be issued to any person to conduct or carry on the business of pawnbroker, secondhand dealer or junk collector until the chief of police shall have granted a permit therefor as provided in this chapter. (Prior code § 23-4)


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5.60. 050 Revocation or suspension of permit.

In the event that any person holding a permit to conduct or carry on the business of pawnbroker, secondhand dealer, junk dealer or junk collector shall violate or cause or permit to be violated any of the provisions of this chapter or any provision of any other ordinance or of 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 so to be conducted or carried on, it shall be the duty of the chief of police, in addition to the other penalties provided by this chapter, to revoke the permit issued for conducting or carrying on such business. If 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 months after such revocation. (Prior code § 23-5)


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5.60. 060 Junk dealer's daily report.

Every junk dealer, or anyone engaged in the business of purchasing scrap metals for the purpose of reselling same, or for the purpose of smelting or refining same, who has a fixed place of business, shall on each day before the hour of ten a.m. make out and deliver to the chief of police, on a blank form to be obtained by such junk dealer, from the office of the chief of police for that purpose, a full, true and complete report of all goods, wares and merchandise purchased or received during the day preceding the filing of such report. Such report shall show the hour of the day when each article was purchased or received, and the true name and license number only if same purchased from a junk collector licensed by the city, if from anyone else, address, as nearly as the same is known to or can be ascertained by such junk dealer, or anyone engaged in the business of purchasing scrap metals for the purposes of smelting or refining same, of the person by whom such article was sold or delivered, together with a description of such person. The description to be given of every such person, other than a city licensed junk collector, shall show the style of dress, height, age, sex, complexion, color of mustache or beard, or both, where the same are worn, or if neither is worn such fact shall be noted. Such report shall also show the amount purchased, and a complete description of each article purchased or received. (Prior code § 23-8)


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5.60. 070 Metals purchased by junk dealers to be kept for three days.

Every junk dealer, or anyone engaged in the business of purchasing scrap metals for the purpose of reselling or for the purposes of smelting or refining same, shall retain, and keep on their premises, in a separate place designed for that purpose, all metals such as copper, brass or other metals, purchased by such dealers, in the manner following: the entire purchase of each day shall be put and kept in such designated separate place, and the day's purchase shall be kept in its original condition, for a period of three days after purchase or receipt of such copper, brass or other metals, and shall be at all times open to the inspection of the police department. (Prior code § 23-9)


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5.60. 080 Junk collector's license number to appear on dealer's report.

Every junk dealer, or anyone engaged in the business of purchasing scrap metals for the purpose of reselling or refining same, shall insert on the daily report to the chief of police the license number of the junk collector, for the purpose of identification, from whom any goods, wares or merchandise were purchased during the day preceding the filing of such report. (Prior code § 23-10)


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5.60. 090 Report blank specifications.

Blanks to be obtained from the office of the chief of police shall bear a caption providing blank spaces in which shall be written or printed the date of such report, the name and place of business of the person, firm or corporation making the same, and the hour of the day when the same is received at the office of the chief of police. Such blanks shall be so printed and subdivided as to contain spaces with proper captions for the furnishing of the information required by this chapter. A copy of this section shall be printed upon each blank or upon the back thereof. (Prior code § 23-11)


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5.60. 100 Reports to be filed--Inspection of reports.

The chief of police shall file in some secure place in his office, all reports received pursuant to the terms of this chapter, and the same shall be open to inspection only by members of the police department of the city or upon an order of a court of competent jurisdiction made for that purpose. (Prior code § 23-12)


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5.60. 110 Reports to be written in legible English.

Every report and record required by the terms of this chapter to be filed or kept, shall be written or printed entirely in the English language in a clear and legible manner. (Prior code § 23-13)


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5.60. 120 Failure to file report.

It is unlawful for any person engaged in conducting, managing or carrying on the business of pawnbroker, secondhand dealer or junk dealer or junk collector, or for any agent or employee in such person to fail, refuse or neglect to file any report in the form, in the manner, at the time, and in all respects in accordance with the requirements of this chapter, or to fail, refuse or neglect to keep in a record or records in the form and in the manner required by this chapter, or to fail, refuse or neglect to exhibit to the chief of police or any police officer of the city immediately upon demand for the privilege of such inspection, any such record or any goods, wares or merchandise or things pledged to or purchased or received by such person. (Prior code § 23-14)


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5.60. 130 Records to be kept--Inspection of records.

Every pawnbroker, secondhand dealer, junk dealer and junk collector shall keep a complete record of all goods, wares, merchandise or things pledged to or purchased or received by him which record shall contain all of the matters required to be shown in the reports referred to and described in Chapter 9 of the Business and Professions Code of the state. Every such record and all goods, wares, merchandise and things pledged or purchased or received by any such pawnbroker, secondhand dealer, junk dealer or junk collector shall be open, at all times during business hours, to the inspection of the chief of police or any police officer of the city. (Ord. 96-1155 § 25, 1996; prior code § 23-16)


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5.60. 140 Signs required.

Every pawnbroker, secondhand dealer, junk dealer or junk collector shall maintain on the premises where such business is located, a sign plainly printed in the English language of sufficient size so that the same may be easily read from the sidewalk in front of the place of business, stating that he is a pawnbroker, or secondhand dealer, or junk dealer, or junk collector. Where the business is conducted in an office building the sign shall be placed at the door to the office. Where the business is conducted in a department of any building the sign shall be placed at the entrance of the department. (Prior code § 23-10)


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5.60. 150 Limitation on sale of goods obtained by pawnbroker or secondhand dealer.

It is unlawful for any pawnbroker or secondhand dealer to sell or otherwise dispose of any article or thing within thirty (30) days after such article or thing has been purchased or received by such pawnbroker or secondhand dealer. (Ord. 96-1155 § 26, 1996; prior code § 23-17)


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5.60. 160 Limitation on sale of goods received by junk collector.

It is unlawful for any junk dealer or junk collector to sell or otherwise dispose of any article or things within three days after such article or thing has been purchased or received by such junk dealer or junk collector. (Prior code § 23-18)


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5.60. 170 Exceptions to Sections 5.60.130 through 5.60.150.

The provisions contained in Sections 5.60.130 through 5.60.150 shall not be deemed to apply to the purchase or sale by junk dealers or junk collectors of rags, bottles, other than milk or cream bottles, secondhand sacks, other than cement sacks, barrels, cans, shoes, lamps, stoves or household furniture, with the exception of sewing machines and musical instruments, or scrap iron, when bought and sold for scrap, or the purchase or sale by secondhand dealers of household furniture, with the exception of sewing machines, all musical instruments and typewriters, (Ord. 96-1155 § 27, 1996; prior code § 23-19)


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5.60. 180 Chapter inapplicable to secondhand articles properly reported.

The provisions of this chapter shall not apply to the receipt or sale of a secondhand article by any person that receives or purchases such secondhand article from any other person when such other person has made the required report to the police department and shall have held the articles for the length of time as provided in Section 5.60.150. (Prior code § 23-20)


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5.60. 190 Hours of operation.

It is unlawful for any person engaged in conducting, managing or carrying on the business of pawnbroker, secondhand dealer, junk dealer or junk collector, or for any agent or employee of any such person, to accept any pledge of or to loan any money upon personal property, or to purchase or receive any goods, wares or merchandise, or any article or thing, or in any manner whatsoever to engage in or conduct any such business between the hours of twelve midnight on Saturday and the hour of seven a.m. of the following Monday, or between the hour of seven p.m. of any day, other than Saturday or Sunday, and the hour of seven a.m. of the following day. (Prior code § 23-21)


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5.60. 200 Joint operations deemed separate businesses.

If any person shall engage in, conduct, manage or carry on, at the same time, more than one 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 the other such business, and such 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. (Prior code § 23-22)


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5.60. 210 Chapter not to affect license provisions .

This chapter shall not repeal or amend any license provisions or any provisions of the license provisions of this code except as herein specifically provided. (Prior code § 23-23)


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