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HomeMy WebLinkAboutNS-1305ORDINANCE NO. NS-1305 AN ORDINANCE OF TttE CITY OF SANTA At,sA AMENDING THE SANTA ANA MUNICIPAL CODE SECTIONS 25-1 THROUGH 25-3, 25-6, 25-7, AND 25-10, REPEALING SECTION 25-5, AND ADDING SECTIONS 25-11 AND 25-12, DEFINING AND REGULATING SECONDHAND DEALERS AND PAWNBROKERS, AND REPEALING CHAPTER 6 OF THE SANTA ANA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: Section 25-1 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 25-1. Definitions. For the purposes of this chapter, every person as defined in Section 21000 of the Financial Code of this State shall be deemed a pawnbroker, and every person as defined in Section 21626 of the Business and Professions Code of this State shall be deemed a secondhand dealer. SECTION 2: Section 25-2 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 25-2. Record of transactions - particulars. Every person buying, lending money upon or otherwise accepting in pawn, trading, bartering, auctioning, taking on consignment, or otherwsie dealing, as a business in any secondhand or used items of personal property within the City, shall keep a true, complete and accurate record of each article so dealt with, which records shall contain the date and hour of the day when said transaction was entered into, a des- cription of the person from whom said article was purchased or received in pawn, 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 hand writing, the number and state of issuance of the driver's license held by such per- son, or, if none, such other items of identification as may be available, the age, sex, weight, height, race, hair and eye color of such person; the name, manufacturer's name, color, size, shape, material, caliber, barrel length, serial number, descrip- tion of automation, engraving, initials, identifying marks, da- mage marks, amount, or as many of said items of information as can be ascertained and are applicable to the particular article so dealt with; the pawn ticket number, amount loaned, paid or received for said article, and the name of the dealer. Said records shall at all times during regular business hours be open to inspection by any police officer of the City. Any person buying, accepting in pawn, auctioning, 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 (10) or more such transactions during any calendar year, shall be deemed to be dealing in such articles afs a business and shall comply with the requirements of this chapter as they relate to such transactions. ORDINANCE NO. NS-1305 PAGE TWO SECTION 3: Section 25-3 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 25-3. Same - reporting transactions to police. (a) Every person buying, accepting in pawn, auc- tioning, taking on consignment, or otherwise dealing with arti- cles as set forth in Section 25-2, who is by said section required to keep a record of each such transaction, shall furnish and deliver to the police department of this City, 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 article bought, sold, taken in pawn, auction, or otherwise dealt with. Said report shall be delivered to the Police Department on the day following the day in which the transaction took place. (b) Every business machine dealer shall report all used business machines which he has purchased, taken in trade, accepted for sale or consignment, or which he has repaired to the police department of this City, on a blank form to be fur- nished by said department, the information required to be re- corded pursuant to Section 25-2 of this Code. No report of repair shall be required from a dealer servicing or repairing a machine in the possession of the owner to .whom that dealer sold that machine when it was new. (c) As used in this section, the term "business machines" includes, but is not limited to, typewriters, adding machines, check writing devices, cash registers, calculators, addressing machines, copying and accounting equipment, letter sorting and folding devices, and recording equipment, but does not include office furniture or fixtures. SECTION 4: Section 25-5 of the Santa Ana Municipal Code is hereby repealed. SECTION 5: Section 25-6 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 25-6. Secondhand dealer and pawnbroker certificate - application; information. Every person desiring to engage in the business of a secondhand dealer or pawnbroker shall first make written appli- cation to the Chief of Police of this City, stating his name, age, residence address, proposed business address, the business addresses of all other businesses in which he has an interest, a statement of the time, place and circumstances of every time he has been convicted of a crime, a statement of the number of employees he will have in such place of business, the names and addresses of such employees then known to applicant, and shall submit himself and each of said employees for the purpose of having photographs and fingerprints taken. SECTION 6: Section 25-7 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 25-7. Same - ~rantin~; revoking. If the Chief of Police finds that the applicant under Section 25-6 has knowingly made a material misstatement in the application for a certificate or if said Chief of Police finds that the applicant under Section 25-6 or any proposed employee ORDINANCE NO. NS-1305 PAGE THREE of secondhand dealer or pawnbroker has been convicted of a viola- tion of any statute of this State or any ordinance of this City, regulating pawnbrokers or secondhand dealers, or has been con- victed of any crimes involving theft, receiving stolen property, embezzlement, fraud, false pretenses, or moral turpitude, when such conviction bears a reasonable connection to the business for which the certificate is sought, he shall refuse to issue said certificate. Any certificate issued hereunder may be re- voked for failure to maintain the standards required for issuance for same. No person shall carry on the business of a secondhand dealer or pawnbroker within the City without first receiving the certificate herein referred to, from the Chief of Police, and a clearance as to himself and as to each of his employees as herein provided for or after the certificate herein referred to has been revoked; and no person shall employ any person in such business who would be disqualified hereunder from obtaining a certificate to operate such business as herein provided for, or until such employee has been submitted to the Chief of Police for checking as provided for in Section 25-6. SECTION 7: Section 25-10 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 25-10. Hours of secondhand dealer and pawn- broker operation. No secondhand dealer or pawnbroker, and no person em- ployed by same, shall buy, trade, take in pawn, accept for sale on consignment, or accept for auctioning secondhand personal property, nor make any loan on any item of personal property except between the hours of seven (7) a.m. and nine (9) p.m. of any day. SECTION 8: The Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 25-11, which said section reads as follows: Sec. 25-11. Exemptions. The provisions of this chapter shall not apply to any identifiable secondhand tangible personal property which is exempt from state regulation of this subject, as found in Section 21629 of the Business and Professions Code of this State. SECTION 9: The Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 25-12, which said section reads as follows: Sec. 25-12. Taxation. Every person defined as a pawnbroker or secondhand dealer under Section 25-1 shall be considered a retailer for taxation purposes as set forth in Chapter 35 of this Code. SECTION 10: Chapter 6 of the Santa Ana Municipal Code is hereby repealed. SECTION 11: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The city Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitu- tional. ORDINANCE NO. NS-1305 PAGE FOUR SECTION 12: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be con- strued as affecting any of the provisions of such ordinance re- lating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, failed or deposited pursuant to any ordi- nance and all rights and obligations thereunder appertaining shall continue in full force and effect. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the ?th day of June , 1976. ATTEST: CLERK OF THE COUNCIL STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SANTA ANA ) I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the foregoing Ordinance was introduced to said Council at its regular meeting held on the 17th day of May , 1976, and was again considered by s--~ Council at its re§ular meeting held on the ?th day of June , 1976, and was at said meeting passed and adopted by the following vote, to wit: AYES, COUNCILMEN: Ortiz~ Garthe, Bricken, Ward NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Yamamoto~ Evans, Brandt APPROVED AS TO FORM: K'~.ITH 1'.. GOW, CITY ATTORNEY CLERK OF THE COUNCIL