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HomeMy WebLinkAboutNS-308ORDINANCE NO. NS-308 AMENDING SECTION 6391 THROUGH 6391.~ REGULATING PAWNBROKERS A~D SECONDHAND DEALERS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. That Sections 6391 through 6391.4, both inclusive, of Part 9, Chapter 3, Article VI of the Santa Aha Municipal Code are hereby amended to read as follows: "Section 6391. Secondhand Dealers and Pawnbrokers. Every person buying, selling, le~ding money upon or other- wise accepting in pawn, trading, bartering, or otherwise deal- ing as a business in any secondhand or used items of personal property within the City, shall keep a t~ue, complete and accurate record of each such article so dealt with, which said record shall contain the date and hour of the day when said transaction was entered Into~ a description of the person from whom said article was purchased or received in pawn, or to whom said article was sold or otherwise dealt with, the true name and address of said person so dealt with, as nearly as the same can be ascertained, printed by the dealer and written in said person's own handwriting, the number and State of issuance of the driver's license held by such person, or, if none, such otheritems of identification as may be available, the age, sex, weight, height, race, hair and eye color of such person; the name, manufactur- eries nam~. colo~.size~shape~mate~lal~.ca~ibe~,~a~rel length, serial number, description of o~namentation, engraving, initials, identifying marks, damage marks, amount, or as many of said items of tnfo~mation as can be ascertained and are applicable to the particular article so dealt with; the pawnticket number, amount loaned, paid or received for said article, and the name of the dealer. Said record shall at all times during regular business hours be open to inspection by any police officer of the City. Any person buying, selling, accepting in pawn, or otherwise lending money upon any secondhand article, or any new article, except at wholesale or retail through regular trade channels, who takes part in ten ~ or more such transactions during any calendar year, shall be deemed to be dealing in such articles as a business ~d shall comply with the requirements of this Part 9 as they relate to such transactions. "Section 6391.1. Same. Report to Police. Every person buying, selling, accepting in pawn, or other- wise dealing with articles as set forth in Section 6391, who is by said Section required to keep a record of each such trans- action, shall furnish and deliver to the City Police Department, on a blank form to be furnished by said Department, a true and complete report of all of the information, and each of the items required to be completed and taken from and about the person with whom such dealing or transaction was had, and from and about the item or article bought, sold, taken in pawn, or otherwise dealt with. Such report shall be written in the English ls~guage in a clear, legible manner, the name s~d address of the person so dealt with shall be printed with care by said dealer a~d written on said report by said person so dealt with in his own handwriting, and said report shall be delivered to the Police Department on the day following the day in which the transaction took place. If said reports are not each careI~ully written in a legible manner the Police Department may deliver a letter signed by the Chief of Police requiring such secondhand dealer or pawnbroker to fur~ish such reports in typewritten form except for the signature, and address, of the person deal lng with such secondhand dealer or pawnbroker, and thereafter such reports shall be typewritten. "Section 6391.2. Same. Police Investiga$1on Prior to License. No person shall hereafter enter or engage in business as a pawnbroker or secondhand dealer who is required by Section 6391 to keep records of his transactions without first applying to the Police Department, before seeking a City business License so to do, and furnishing said Department a copy of his finger- prtnts,~ permitting them to make identification photographs, and answering any questions regarding his prior business experience, background, an~ any and all arrests for violation of any stat- u~or ordinance. The Police Department shall inform such person of the rules and regulations applicable to the operation of such business, and shall inmnedtately check for any criminal record of such person. No City business license sh~ i be issued until the Police Department has in writing approved such issuance to the Finance Office, or a period of 30 days has expired after such person has so submitted himself and the required information to the Police Department. Any business license issued'to engage in business as a pawnbroker or Secondhand dealer may be revoked by the City Council after l0 days notice to the holder thereof, in writing, m~led to the address shown on the license record, for any false statements made to~theLPolice Department prior to application for such license, for any violation of, or failure to comply with, any requirements in this Code, regarding said busi- ness, or for any violation of State law in the operation of said business. "Section 6391.3. Same. Furnishing and Filing Reports. The Chief of Police shall cause blanks to be printed in such form as he may direct, which form may be changed from time to time when the supply on hmud indicates that a new printing is necessary, and he shall deliver free of charge a supply of said blanks to all persons holding a City business license as pawn- broker, known dealers in secondhand goods and merchandise, and to any other person known by him to be required by Section 6391 to keep the record therein provided for. Additional supplies of said blanks shall be furnished upon request of any such person~ The Chief of Police shall require that the reports furnished as required by Section 6391.1 are examined by some member or members of the Police Department and filed in a secure place in the Department. Such blanks shall be open to inspection only to the Police Department or, in their discretion, to police officers of other departments where the same may be necessary in regular police work, unless upon order from a Court duly made for the purpose of ordering disclosure of information from said file. "Section 6391.4. Same. Inspection and Period of Holding Articles. Every pawnbroker or secondhand dealer who receives any article by purchaser trade, barter or gift shall hold the same for Police inspection for a period of not less than 21 days after he has reported receiving said article to the Police Department, as re- ~ired by Section ~391.1, and shall not sell, lend or otherwise transfer possession of said article to any person during said period. Every article purchased, received in pawn, or othe~wise ac- quired in any transaction which is required by Section 6391.1 -2- to be reported to the Police Department, shall be kept in a place convenient for inspection and det~ led examination by any member of the Police Department, or any person accompanied by a police officer of the City, for the purpose of identify- ing said article, getting further information regarding the identity of said article, determining whether or not the re- ports required by Section 6191ol have been accurately and completely made to ascertain whether or not there has been a violation of said Section, or for any other police purpose. The Police Department mw place a hold on any article dealt with as herein defined by notifying the pawnbroker or second- hand dealer that the same shall be held until released by the Police Department or until the expiration of 90 days f~om the date of placing such order to hold. This may be done whenever such item is necessary for evidence in Cour~ to determine owner- ship, to allow the true owne~ a reasonable time to redeem er recover such article in cases where the same has been stollen, or for any other proper Police purpose. Such order to hold an item may be renewed' in a like manner, for a like period, and no secondhand dealer or ps, broker shall sell any article which is the subject of such au order from the Police Department that ~he same be held until the order has been released by the Police Department, for the time set forth in such order to hold, or the 90-day period mentioned herein has expired without a renewal of such o~der." SECTION 2. This Ordinance shall take effect 30 days from and after its adoption. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 17th day of Clerk of t~ Cc~mcil STATE OF CALIFORNIA } COUNTY OF ORANGE ) SS CITY 0F SANCTA ANA ) I, ERMA HUNTER, do hereby certify that ! am the Clerk of the Council of the City of Santa Ana, California; th. at the foregoing 0rdin- ance was regularly introduced at the regular meeting of said Council held on the 3rd da~ of February , 1958, and was amain sonsidered by said Council at its regular meeting held on the l?~h day of Februar~ , 1958, and was at said meeting regularly passed and adopted by said Council by the following vote, to-wit: AYES, COUNCILMEN: Royal E. Hubbard, Stanley C. Gould, Jr., A. A. Hsll~ Dale H. Heinly NOES, COUNCILMEN: None ABSENT, COUNCILMEN: J. Ogden Markel CLERK OF THE COUNCIL AsSistant 'Clerk of the Council -3-