HomeMy WebLinkAbout22 ORDINANCE 1409 - SECONDHAND DEALER PERMITS--T- Agenda Item 22
~~ ~
Reviewed:
`------- AGENDA ~,EPORT City Manager
~~ ~~~ Finance Director
MEETING DATE: DECEMBER 6, 2011
TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER
FROM: PAMELA ARENDS-KING, DIRECTOR OF FINANCE
SUBJECT: ORDINANCE NO. 1409, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 3141 AND ADDING
SECTION 3526 OF THE TUSTIN CITY CODE REGARDING SECONDHAND
DEALER PERMITS
SUMMARY:
Ordinance No. 1409 would:
1. Amend Part 2 of Chapter 5 of Article 3 of the Tustin City Code to provide City
officials discretion to grant whole or partial waivers of the requirement that
names, addresses, and fingerprints of all employees of a licensed secondhand
dealer be provided in conjunction with a secondhand dealer permit if certain
specified conditions are met.
2. Amend the definition of "Director" in Article 3 of the Tustin City Code to refer to
the Director of the Finance Department, rather than the °Community Development
Department.
RECOMMENDATION:
That the City Council introduce and have the first reading of Ordinance No. 1409; and, set
the second reading at the Council's next scheduled meeting.
FISCAL IMPACT:
None.
BACKGROUND:
The application requirements for a Second Hand Dealer Permit in Section 3526 of
Chapter 5 of Article 3 states "In addition to all other information requested on the
application form, the applicant shall file with the Director a list of the names, addresses
and fingerprints of the employees at the location proposed to be licensed." Staff was
approached by a large electronics retailer to obtain a Second Hand Dealer Permit for a
"Buy Back" program that they were instituting. Staff found that due to the transiency and
large number of employees, our current ordinance was too restrictive far large
businesses wishing to institute such a program for its customers.
Adding Section 3526 allows the Director of Finance or designee the right to waive the
ORDINANCE 1409 AMENDING SECTION 3141 AND ADDING SECTION 3526 OF THE TUSTIN CITY
CODE REGARDING SECONDHAND DEALER PERMITS
DECEMBER 6, 2011
Page 2
requirement of employees fingerprints and background investigation provided the following
conditions are met: (1) The buying, selling, trading, or taking in of secondhand goods is not
the primary business activity of the business establishment; (2) No sales of secondhand
goods takes place at the business establishment; (3)The owner and/or operator of the
business establishment has obtained a secondhand dealer permit in accordance with the
Municipal Code; and (4} Due to the limited nature of transactions involving secondhand
goods occurring at the business establishment and/or the secondhand property there is a
reduced risk far the business establishment being utilized as an outlet for trafficking in
stolen property.
Amending Section 3141 clarifies the definition of "Director" as Director of the Finance
Department, rather than the Community Development Department since Finance is now
responsible for processing of all business licenses and permits
The City Attorney has reviewed the content and form of draft Ordinance No. 1409.
Pamela Arends-King
Finance Director
Attachments:
A. Draft Ordinance No. 1409
ORDINANCE NO. 1409
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADDING TUSTIN CITY CODE
SECTION 3526 RELATING TO A CONDITIONAL
EXEMPTION TO THE REQUIREMENT TO PROVIDE
CERTAIN EMPLOYEE INFORMATION IN CONJUNCTION
WITH A SECONDHAND DEALER PERMIT.
City Attorney Summary
This ordinance amends the definition of "Director" in Article 3
of the Tustin City Code to refer to the Director of the Finance
Department, rather than the Community Development
Department. This ordinance also amends Part 2 of Chapter 5
of Article 3 of the Tustin City Code to provide City officials
with the discretion to grant whole or partial waivers of the
requirement that names, addresses, and fingerprints of all
employees of a licensed secondhand dealer be provided in
conjunction with a secondhand dealer permit if certain
specified conditions are met.
The City Council of the City of Tustin, California, does ordain as follows:
SECTION 1: Section 3141 of Part 4 of Chapter 1 of Article 3 of the Tustin City Code is
hereby amended to revise and replace the definition of "Director" to read as follows:
"Director. The Director of the Finance Department or designee."
SECTION 2: Section 3526 of Part 2 of Chapter 5 of Article 3 is hereby added to the
Tustin City Code to read as follows:
SECTION 3526 EMPLOYEE INFORMATION -CONDITIONAL EXEMPTION
The requirements of Sections 3523 and 3525(a) that names, addresses, and
fingerprints of all employees of a licensed secondhand dealer be provided may be
waived, in whole or in part, by the Director, in his or her discretion, where the
applicant / permittee establishes to the reasonable satisfaction of the Director and
Chief of Police that all of the following conditions are met:
(1) The buying, selling, trading, or taking in of secondhand goods is not the
primary business activity of the business establishment;
(2) No sales of secondhand goods take place at the business establishment;
(3) The owner and/or operator of the business establishment has obtained a
secondhand dealer permit in accordance with this Chapter; and
(4) Due to the limited nature of transactions involving secondhand goods
occurring at the business establishment and/or the secondhand property
handling and reporting procedures employed by the business establishment,
there is a reduced risk for the business establishment being utilized as an
outlet for the trafficking in stolen property.
Notwithstanding whether a waiver is wholly or partially granted in accordance with
this Section, the secondhand dealer permittee and each employee thereof shall
comply with all other requirements of this Part.
SECTION 3. This Ordinance shall take effect on the 31St day after it is enacted.
SECTION 4. 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 Tustin 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
unconstitutional.
PASSED, APPROVED, AND ADOPTED this 6th day of December 2011.
ATTEST:
PAMELA STOKER, CITY CLERK
APPROVED AS TO FORM:
JERRY AMANTE, MAYOR
DAVID E. KENDIG, CITY ATTORNEY
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of the City
Gouncil of the City of Tustin is five; that the above and foregoing Ordinance 1409 was
passed and adopted at a regular meeting of the City Council held on the 6th day of
December, 2011, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
PAMELA STOKER, CITY CLERK
Published: