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Council to grant issuance of a permit be repealed since it is inconsistent with state law; and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|)
^,