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HomeMy WebLinkAbout2009-05-05; City Council; CS-027; Amending CMC 5.08.120 Pawnbrokers...1 ORDINANCE NO. CS-027 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE SECTION - 5.08.120-PAWNBROKERS 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 22 WHEREAS, Carlsbad Municipal Code section 5.08.120 contains a requirement that any person wishing to engage in the business of being a pawnbroker shall first obtain a written permit from the City Council to do so; and WHEREAS, the Business and Professions Code regulates secondhand dealers, including pawnbrokers, and preempts city regulation of pawn businesses; and WHEREAS, the Business and Professions Code and the Financial Code now grant authority to license a pawn business to the local chief of police after review of an application to operate a pawn business by the Department of Justice; and WHEREAS, it is now recommended that the provision authorizing the City Council to grant issuance of a permit be repealed since it is inconsistent with state law; and WHEREAS, pawn businesses would still be required to obtain a business license for a fee of $150 per year and obtain a pawnbroker license from the Chief of Police. NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows: SECTION 1: That section 5.08.120 of the Carlsbad Municipal Code is 19 amended to read as follows: 20 5.08.120-Pawnbrokers 21 Any person engaging in the business of being a pawnbroker shall pay a business license fee of one hundred fifty dollars ($150) per year and obtain a pawnbroker license from the Chief of Police.23 (Ord. 6040 § 26, 1967)24 25 26 27 /// 28 -1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 21st day of April , 2009, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 5tb day of May , 2009, by the following vote, to wit: AYES: Council Member? Lewis, Kulcbin, Hall, Packard and Blackburn. NOES: None- ABSENT: None. APPROVED AS TO FORM AND LEGALITY: RONALD R. BALL, City Attorney UDE A. LEWIS, Mayor ATTEST: (Sea|) ^,