Oceanside Municipal Code Ch. 22 Pawnbrokers and Secondhand Dealers

Footnotes:

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State Law reference— Secondhand goods generally, Business and Professions Code, §§ 21500 to 21653.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Pawnbroker means and includes every person conducting, managing or carrying on the business of loaning money, either for himself or for any other person, upon any personal property, personal security, or purchasing personal property and reselling such articles to the vendor or other assignee at prices previously agreed upon.

Secondhand dealer means every person conducting, managing or carrying on the business of buying or selling precious metals, coins, used jewelry, watches, diamonds, clothing, musical instruments, luggage, sporting goods and junk.

(Ord. Code, §§ 2230 to 2230.2; Ord. No. 80-38, § 1, 10-8-80)

Nothing in this chapter shall be deemed or construed to apply to the loaning of money on personal property or personal security by any bank authorized to do so under the laws of the state.

(Ord. Code, § 2231)

No person shall conduct, manage or carry on the business of a pawnbroker except between the hours of 8:00 a.m. and 9:00 p.m. of each day.

(Ord. Code, §§ 2232 to 2232.3; Ord. No. 94-20, § 1, 9-21-94)

Between December fifth and December twenty-fourth, both inclusive, a place of business may be permitted to remain open until 9:00 p.m.

(Ord. Code, § 2233)

All junk dealers, pawnbrokers and secondhand dealers shall keep a record of any and all articles by such person acquired by purchase, pledge or otherwise, which record shall be filed with the acquisition of such property. Said record shall include the following information from whom the property was acquired:

(1) Name and address

Physical description

Date of birth

Social security and/or driver's license number

Date of transaction

(2) A complete and accurate description of such property, including serial numbers or other identifying marks or symbols.

(Ord. Code, § 2234; Ord. No. 80-38, § 2, 10-8-80)

State Law reference— Records to be kept by junk dealers, Business and Professions Code, §§ 21605 to 21608.

Editor's note— Former §§ 22.6—22.8 were repealed by Ord. No. 68-10.

All money lenders shall keep a record of all loans made by them, which shall at all times during ordinary business hours be open to inspection by any police officer of the city.

(Ord. Code, § 2235)

Such records as provided for in the preceding section shall contain the names and addresses of all persons to whom loans are made, and a reasonable description of such persons, the amount of money loaned, and the length of time during which such loan is to continue, and the rate of interest exacted for such loans.

(Ord. Code, § 2235.1)

No person conducting, managing or carrying on the business of a pawnbroker or secondhand dealer shall buy or sell used jewelry, watches, diamonds, clothing, musical instruments, luggage, sporting goods, furniture, junk and secondhand automobiles, or loan money either for himself or for any other person upon any personal property, personal security or purchase personal property and resell such articles to the vendor or other assignee at prices previously agreed upon, unless the owner and operator be either a bona fide resident of the city, or have conducted a business within the city, for at least one year prior to the granting of the license for such pawnbroker, moneylender or secondhand dealer.

(Ord. Code, § 2236; Ord. No. 73-14, § 1, 4-11-73)

It shall be unlawful to issue any license to any pawnbroker, money lender or secondhand dealer within the city unless the person applying for such city license presents with his application for a city license all state licenses required by the laws of the state.

(Ord. Code, § 2237)

A. No person, for himself or any other person, shall engage in or carry on, maintain or conduct, or cause to be engaged in, carried on, maintained or conducted, any pawnshops in the city, without first having secured a license from the city to do so, according to each and every requirement of this chapter, or without complying with each and every regulation pertaining to such pawnshop.

B. No license required by the preceding section shall be issued or be of any force or effect unless the issuance thereof be first approved by the city council.

C. An applicant for a pawnshop license shall submit his application to the chief of police, which application shall be under oath, and shall include, among other things, the true names and addresses of all persons financially interested in the business.

D. The past criminal record, if any, of all persons financially or otherwise interested in the business shall be shown on such application. The application shall also be accompanied by fingerprints of all persons financially interested.

E. The chief of police shall make such investigation as is necessary to determine the moral qualities of the applicant and other persons financially interested, and shall recommend to the council that the application be granted or that it be denied. No pawnshop license shall be granted unless the same is ordered by the council.

F. Pawnshop licenses may be transferred or assigned provided the written consent of the city council, expressed in a written resolution, first be had and obtained. This provision shall not be construed to in any way entitle a pawnshop license holder to such consent, and the city council may grant or withhold its consent, in its own discretion and as it sees fit.

G. All licenses hereafter issued shall be valid for one calendar year, and application for renewal thereof shall be made during the month of November prior to the expiration of the annual license, and upon applying for a renewal the applicant shall complete the same application form and provide the same information as is required on the initial application for a pawnshop license.

H. There shall not be at any time any pawnshop license issued if the issuance thereof would place in force or effect more pawnshop licenses than one per each twenty thousand (20,000) residents of the city with such population to be determined on the same basis as the population of the city is determined for the purpose of distributing gas tax funds by the state.

I. Any license issued pursuant to this chapter may be removed, cancelled, temporarily suspended or withdrawn by the city council, and the decision of the council shall be final. The city manager shall recommend the revocation, cancellation, temporary suspension or withdrawal of any pawnshop license issued pursuant to this code to the council when, in his judgment, such action is warranted.

(Ord. No. 68-12, § 1; Ord. No. 75-10, § 1, 5-28-75)