HomeMy WebLinkAboutORD 603 (1974) ORDINANCE NO. 603
-_
~ AN ORDINANCE OF THE CITY OF TUSTIN. CALIFORNIA,
AMENDING THE TUSTIN CITY CODE RELATIVE TO
~ PAWNBROKERS/SECONDHAND DEALERS AND TELEVISION
REPAIRMEN.
4 ·
Section 25-1. Definit'ions.
For the purposes of this chapter, every person engaged in
Business of receiving goods in pledge as security for a loan
is a pawnbroker wiltbin the meaning of this chapter
Section 25-2. Record of transact[ons--Particular.~
Every person buying, selling, lending money upon or other~
10 wise accepting a pawn, trading, bartering, or otherwise
dealing, as a business in any secondhand or used items of.
11 personal property, other than motor vehicles. within the city,
shall keep a true, complete~ana accurate record of each article'
1Z so dealt with. which record shall contain the date and hour
of the day when said transac.tion was entered into, a d'escrip-
13 tion of the person from whom said article was purchased or
received in pawn. or to whom said article was sold or otherwise
14 dealt with, the true name and address of safd person so dealt
with. as nearly as the same can be ascertained. printed by
_1~ the dealer and written in said person's own handwriting, the
number and state of issuance of the driver's license held by
A6 such person, or. if none. such other items of identification
as may be available, the age. sex, weight, heights. race~ hair
~_V and eye color-of such person~ the .n,~~~e~ m~nufacturer~s
color, size, ~hape, material, caliber, barrel length, serial
218 number. description of ornamentation, engraving, initials.
identifying marks, damage marks, amount. or as many of said
-19 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 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 thrc'~.~,gh
regular trade channels. who takes%part in ten (i0) or ,~nore such
transactions during any calendar year, shall be deemed to be
dealing in such articles as a business and shall comply ~xith
the requirements of this chapter as they relate to such
transactions o
Section 25-3. Same--Reportinc~ transactions to
~7 Every person buying, seiling~ accepting in pawn~ or other-
wise dealing with articles as set forth in section 25-2~ ~qho
28 is by sa~a sec~ ..~.~ requi .... d to kelap a rec-.m-,rd o~ ~c"- :~u?~ trans-
action, shall furnish and deliver to the city police depz~rtment~
29 on a blank form to be furnished by said department, ~. :true
and complete report of all of the infor~atio~, z~nd each of the
30 items required to be completed and ~akea from a~d about the
person with whom such dealing or transaction ~vas had, a~ria. from
3i and about the item or article bought, sold, taken in pD~:'n~, or
otheNise dealt with. Such report shall be ~/ri. ttcn i~; t'h~s
English langu~e in a clear, legible manner. the name
. address of the person so dealt with shall be printed with care
1 by said dealer and written on said report by said person so
dealt with in his own handwriting, and said report shall be
~ delivered to the police depa~rtment on the day following the
day in which the transaction took place. If 'said reports are
~ not carefully written in a legible manner the police department
may deliver a letter signed by the chief of police requiring
4 such secondhand dealer or pawnbroker to furnish such reports in
typewritten form except for the signature, and address, of the
5 person dealing with such secondhand dealer or pawnbroker, and
thereafter such reports shall be typewritten.
V Section 25-4. Same--Forms; examination; filinq; keeDinq
· confidential.
8 The chief of police shall cause blanks to be printed in
9 such form as he may direct, which form may be changed from
time to time when the supply on ]~and indicates that a new.
10 printing is necessary, and he shall deliver free of charge a
supply of said blanks to all persons holding a city business
11 license as pawnbroker, known dealers in secondhand goods and
merchandise, and to any other person known by him to ,be required
by section 25-2 to keep the record therein provided for.
Additional supplies of said blanks shall b.~...f u r ni'.shed= upon
13 request of any such person. :
14 The chief 0f police shall require that the reports furniahed
as required by section 25-3 are examined by. som~ member or
15 members of the police department and filed in a secure place
in the department. Such blanks shall be open to inspection
16 only to the police department or, in their discretion, to
._ police officers of other departments where the same may be
lV necessary in regular police work, unless upon order .from a
court duly made for the purpose of ordering disclosure of
18 information from said file.
19 Section 25-5. Prerequisites to' license issuance; causes for
license revocation.
~0
No person shall enter or engage in any business which is
~1 required by Section 25-2 to keep records of transactions without
first applying to the police department, and furnishing said
.~ department a copy of his fingerprints, permitting it to make
identification photographs, and answering any questions "regarding
~3 his prior business experience, background and all arrests for
violation of any statute or ordinance. The police department
shall inform such person of the rules and regulations, applicable
to the operation of such business, and shall immediately check
~5 for any criminal record of such person. Any person holding a
valid business license of the City of Tustin on December 31, 1973,
~6 and who on December 31, 1973 was engaged in any business, other-
than business of pawnbrokerage, which is required by Section 25-2
to keep records of transactions, may continue to engage in such
business until thirty (30) days after a written request for
compliance with the provisions of this ordinance has been made
upon him by the police department.
Section 25-6. Pawnbroker certificate--Application: information.
30
Eve~.y person desiring to engage in the business of a pawn-
31 broker shall make written application to the License and Permit
Board, stating his name, age, residence address, proposed
3Z business address, the business addresses of all other businesses
in which he has an interest, a statement of the time, plaice anc].
~OURKI ~1
I circumstances of every time he has been arrested for any purpose,
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. ~
4
Section 25-7. Same--Granting~ revoking. ~
If the License and Permit Board finds that the ~pplicant
6 or any proposed employee has been convicted of a violation. of
any statute of this state or ordinance of this city,-regulating
~ pawnbrokers, or has been convicted of any crimes involving
theft, embezzlement, fraud or false pretenses, or moral
8 , it shall refuse to issue a permit. Any permit
issued hereunder may be revoked for any reason which would
9 justify a refusal to issue the same. No person shall carry on
the business of a pawnbroker within the City without first
10 receiving the permit herein referred to, from the License and
Permit Board and a clearance as to himse!f and as to each of
11 his employees as heroin provided for or after such permit heroin.
referred to has been revoked; and no person shall employ any
12 person in such business who would be disqualified hereunder
from obtaining a permit to operate such business as heroin
provided for, or until such employee has be~n submitted to the
police department for checking, as provided ~or in Section 25~6
Section 25-8. Same--Appeal to council.
Any person who is refused a permit or whose permit is
revoked.as provided for herein, may appeal the matter to the
city council.
Section 25-9. ~nspection and PeriOd of holding~.~rtic!es.
Every pawnbroker or secondhand dealer who receives any
article by purchase, trade, barter or gift shall hold the same -_
for police inspection for a period of not less than ten (10) days
after he has reported receiving said article to the police
depar~ent, as required by Section 25-3, and shall not sell,
lend or othe~ise transfer possession of said article to any
person during said period,
Every article purchase, received in pawn, or otheD~ise
acquired in any transaction which is required by Section 25-3
to be reported to the police department, shall be kept in a
place convenient for inspection and detailed examination by
any me~er of the.police department, or any person accompe~nied
by a police officer of the city for the purpose of identifying
said article, getting further information regarding the identity
of said article~ determining whether or not the reports required
by SectiOn 25-3 have been accurately =lnd completely made~ to
ascertain whether there has been a violati~ of said section,
or for any other police purpose.
~e police department may plece a hold on any article dealt
with as herein defined by notifying the pawnbroker or secondhand
dealer that the same shall be held until released by the
police department or until the expiration of ninety (90) days
fr~ the date of placing such order to hold, This ~aay be done
whenever such item is necessary for evidence in court~ to
determine ~nership, to allow the true owner a reasonable tinge
to redeem or recover such article in cases where the same has
i been stolen, or for any. other proper police purpose. Such order
to,'hold'an item may be renewed in a like manner, for a like period,
~ a~'d no secondhand dealer or pawnbroker shall sell any article
which is the subject of such an order from the police department
3 that the same be held' until the order has been released by 'the
police department, for the time set forth in sueh order to' hold,
4or the ninety (90) day period mentioned herein has expired
without a renewal of such order..
Sectlob 25-10. Hours of pawnbroker operation.
No pawnbroker, and no person .employed by any pawnbroker,.
V shall, accept any item in pawn, nor make any loan on any item
of personal property except between the hours of seven (7) a.m.
8 and nine (9) p.m. of any day.
9 Section 25-11. Television Repairmen.
10 Each person, firm or company which engages in the business
of repairing of television sets shall maintain permanent records
11 of the name and address of each person who presents a television
set for repair, together with a description and the serial
12' number of such television set. Not less often than a month, a
copy of such information shall be .transmitted to the police
~3 department.
-14 PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tustin, held on the 7th day of January, 1974.
15
16 ._ ..'
_ .. ..
,:."
ATTEST: ': ----
....
~4
~7
~8
,
STATE OF CALIFORNIA)
COUNTY OF ORanGE )SS
CITYOF TUSTIN )
RUTH C. POE, City Cle~ and ex-officio Clerk of the City Council of
the City of Tustin, California~ does hereby certify that the whole
number of members of the City Council of the City of Tustin is five~
that the above and foregoing Ordinance No~03 was duly and regularly
introduced and read at a regular meeting of the City Council held on
the day of Decemp~euc _, 197 3 ~.and was given
it~ ~~ading'and d~ly passed and adopted at a regular meeting'
held on the 7~h day of _jannavy , 1974, by the following
vote:
AYES: COL~CILMEN
~~ ~ELLT I.~!jf~_-~_3~OODRUFF, SHARP
NOES: COUNCILMEN NONE
ABSENT: COUNCILMEN~
City Clerk, City of '~]el in, California