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Ordinance 1987-02ORDINANCE NO. 87 - 2 AN ORDINANCE OF THE CITY OF GILROY ENACTING CHAPTER i~B OF THE GILROY CITY CODE PERTAINING TO JUNK AND SECONDHAND DEALERS. Upon recommendation of the Chief of Police, and good cause appearing therefore, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: SECTION I. Chapter 12B, of the Gilroy City Code is enacted to read as follows: CHAPTER 12B JUNK AND SECONDHAND DEALERS Sec. 12B.1 Definitions. A. For the purposes of this chapter a "junk dealer" shall be a person, firm or corporation having a fixed place of business in the City and engaged in conducting, managing or carrying on the business of buying, selling or otherwise dealing in either wholesale or retail any old rags, sacks, bottles, cans, paper, metal or other articles commonly known as junk. B. For the purposes of this chapter, a "secondhand dealer" shall mean and include any person, copartnership, firm or corporation whose principal business is primarily that of engaging in buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand, tangible personal property. A secondhand dealer also includes any person who engages in the business of buying or selling secondhand tanSible personal property in excess of twenty percent of the gross sales and purchases of goods or merchandise sold or purchased in the regular course of business. A "secondhand dealer", as used in this chapter, shall not include any person who performs the services of auctioneer for a fee or salary. C. "Tangible personal property", as used in this chapter, shall be defined as provided in Section 21627 of the Calif°rnza Business and Professions Code. Sec. 12B.2 Permit Required. It shall be unlawful for any person to engage in, conduct, manage or carry on the business of secondhand dealer or junk dealer without first applying for and receiving a permit therefor in writing from the Chief of Police in the manner provided in this chapter. ORDINANCE N0.87-2 -1- Sec. 12B.3 Permi~ Application, Any person desiring to obtain a permit to conduct or carry on the business of a secondhand dealer or junk dealer shall file an application in writing therefor with the Chief of Police. In addition to any other information required on the form, the applicant shall specify by street and number the place where such business is proposed to be conducted or carried on and said application shall be signed by the applicant and shall contain the residence address of the applicant. In addition to the application required in this chapter, the applicant shall also be required to complete any such additional forms as prescribed and provided by the Department of Justice. Sec. 12B.4 Permit Issuance - Subject to compliance, pre- requisite to license A. No permit to conduct or to carry on the business of a secondhand dealer or Junk dealer shall be granted to any person unless the person shall first have made an application in writing for a permit on forms required by the City and as prescribed and provided by the Department of Justice. No person shall be issued a permit to carry on the business of a secondhand dealer or junk dea~.i~ ~h~t par~on,_b~s~b~en convicted of an attempt to receive stolen property or any other offense involving stolen property. Prior to the granting of a permit under this chapter, the application for said permit shall be submitted to the Department of Justice in accordance with the procedure set forth in Section 21641 of the California Business and Professions Code. B. The City License Department shall not issue any business license to any person to conduct or carry on the business of a secondhand dealer or junk dealer until the Chief of Police shall have granted a permit therefor as provided in this chapter. Permits granted'under this chapter shall be renewable one year from the date of issue and annually thereafter upon the filing of a renewal application and the payment of appropriate fees as adopted by Council Resolution and subject to the requirements provided in Section 21642 of the California Business and Profession Code. Sec. 12B.5 Permit RevocatiQ~ - Hearing and notice thereof - restoration A. In the event that any person holding a permit to conduct or carry on the business of secondhand dealer or junk dealer shall violate, cause or permit to be violated any of the provisions of this chapter or any provision of any ordinance or any law relating to or regulating any such business or shall conduct or carry on such business in an unlawful manner or shall cause or permit such business to be conducted or carried on in an unlawful manner, it shall be the duty of the Chief of Police in addition to the other penalties provided by this chapter, to revoke the permit for conducting or carrying on such business, and after the permit of any person to conduct or carry on any business under the provisions of this chapter shall be revoked, no permit shall be granted to such person to conduct or carry on any such business within six months after such revocation. ORDINANCE NO. 87-2 -2- B. No permit shall be revoked without the option of an appeal hearing by the City Council in the matter of the revocation of such permit. Notice shall state the grounds of complaint against the business carried on by such holder and shall also state the time when and the place where such hearing will be held. Sec. I2B.6 Records Required - Contents open to inspection, language and legibility A. Every secondhand dealer or junk dealer shall keep a full, true and complete record of all goods, wares, merchandise or things purchased or received by the secondhand dealer or junk dealer. B. Such record shall show the date when each article was purchased or received, the true name and address as nearly as the same is known to or can be ascertained by such second- hand dealer or junk dealer of the person from whom such article was purchased and the person from whom such article was received. C. Such record shall also show the amount purchased and an itemized list of the articles purchased or received and if any articles so purchased and received have engraved thereon any number, word or initial or contain any settings of any kind, the description of such article in such record shall contain such number, word or initial and shall show the kind of settings and the number cf each kind, D. Such record shall also contain a full, true and complete description of all goods, wares, merchandise or things sold or otherwise disposed of by such secondhand dealer or junk dealer and shall also show the date when each article was sold or otherwise disposed of and the true name and address as nearly as same is known to or can be ascertained by such secondhand dealer or junk dealer or the person or person by whom such article was purchased or to whom the same was delivered. E. The record referred to in this chapter shall be entered immediately after any transaction referred to in this section has taken place, and such record shall be kept as permanent record in the place of business of such secondhand dealer or junk dealer and shall be open at all time during business hours to the inspection of the Chief of Police or any police officer of the City. F. Every record-required by the terms of this chapter to be kept shall be written or printed entirely in the English language and in a clear and legible manner. Sec. 12B. 7 Unlawful Acts. It shall be unlawful for~any persons engaged in conducting or carrying on the business of secondhand dealer or junk dealer or for any agent or employee of any such person to fail, refuse or ORDINANCE NO, 87-2 -3- neglect to exhibit to the Chief of Police or any police officer of the City immediately upon demand the privilege of the inspection of any such record or records in this chapter that are required to be kept. Sec. 12B~8 Retention of Tangible Personal Property - Reporting o--f transactions A. Every secondhand or junk dealer shall retain in his or her possession for a period of thirty days, all tangible personal property reported under the provisions of this chapter. The thirty day holding period with respect to such tangible personal property shall commence with the date the report of its acquisition was made to the Chief of Police by the second- hand dealer or junk dealer. The Chief of Police may for good cause, as specified by the Department of Justice, authorize prior disposition of any such property described in a specific report; provided, that a secondhand dealer or junk dealer who disposes of tangible personal property pursuant to such authoriza- tion, shall report the sale thereof to the Chief of Police. B, Every secondhand dealer or junk dealer shall report daily, or on the first working day after receipt for purchase of tangible personal property, on forms prescribed or provided by the Department of Justice, all tangible personal property which he or she has purchased, taken in trade, taken in pawn, accepted for sale or consignment, or accepted for auctioning, to the Chief of Police in accordance with the provisions of this chapter and the provisions of this chapter and the provisions of Section 21628 of the California Business and Professions Code. Sec. 12B.9 Engaging in more than one business If any person shall engage in conducting, managing or carrying on at the same time more than one of the business defined and referred to in this chapter, such person shall be deemed to be engaged in conducting, managing and carrying on such business separate and apart from such other business and the person shall comply in all respects with the provisions of this chapter relating to each such business and it shall be unlawful for any such person to fail, refuse or neglect to do so. Sec. 12B.10 Violation - Penalty A. The violation of any of the provisions of this chapter, not otherwise punishable under Section 21645 of the California Business and Professions Code is a misdemeanor and upon conviction thereof, any person found in violation of this code shall be punishable by a fine or imprisonment, or by both as provided elsewhere in this code. B. Each person shall be deemed guilty of a separate offense for every day during a portion of which any violation of any provision of this chapter, not otherwise punishable under Section 21645 of the California Business and Professions Code is committed, continued or permitted by such person, and shall be punishable therefor as provided elsewhere in this code. ORDINANCE NO. 87-2 -4- SECTION II. Ail other ordinances and parts of ordinances in conflict herewith are heraby repealed. SECTION III. This ordinance shall take effect and be in full force thirty (30) days from and after its adoption and approval. PASSED AND ADOPTED this 17th day of February 1987 by the following vote: AYES: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ATTEST: ORDINANCE NO, 87-2 I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 87-2 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 17th day of February , 19 87 , at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 23rd day of February 19 87 . ~rk of the City (Seal)