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HomeMy WebLinkAboutORD 1409 (2012)ORDINANCE NO. 1409 AN ORDINANCE OF THE GITY COUNGIt_ OF THE CITY OF TUSTIN, CALIFORNIA, ADDING TUSTIN GITY GODS SECTION 3526 RENTING TO R CONDITIONAL EXEMPTION TO THE REQUIREMENT TO PROVIDE CERTAIN EMPLOYEE INFORMATION IN CONJUNCTION WITH A SECONDHAND DEALER PERMIT. City Aft©rney 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 Cade 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(x) 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, ar taking in of secondhand goods is not the primary business activi#y of the business establishment; {2) No sales of secondhand goods take place at the business establishment; Ordinance No. 1409 Page 1 of 3 (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 andJor 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 portian thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 3`d day of January, 2012. JO NIELSEN, Mayor ATTEST: PAMELA STOKER, City Clerk Ordinance No. 1409 Page 2 of 3 APPROVED AS TO FORM: `~ DAVID E. KENDIG, City Attorney CERTIFICATION OF ORDINANCE NO. 1409 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) 1, PAMEIA STOKER, City Glerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1409 was duly and regularly introduced at a regular meeting of the Tustin City Gouncil, held on the 6t" day of December, 2011 and was given its second reading, passed, and adopted at a regular meeting of the City Council held an the 3"' day of January, 2012 by the following vote: COUNGII_MEMBER AYES: Nielsen, Murray, Amante, Gomez (4) COUNCILMEMBER NOES: None (0} COUNCILMEMBER ABSTAINED: Gavello (1) COUNCILMEMBER ABSENT: None (0) ,._- PAMELA STOKER, City Clerk Ordinance No. 1409 Page3of3