HomeMy WebLinkAbout1982-04-06; City Council; 6918-1; City Ordinance - Secondhand dealersSI
CIT. OF CARLSBAD — AGENDA 3ILL
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MTG. 4-6-82
DEPT. Police
TITLE: TTTY ORDTNANPF - ^FroNDHANn DFAT FRS DEPT. HD^$Z—
CITY ATT^w5^
CITY MGR.-s^^^
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RECOMMENDED ACTION:
Adopt an amendment to Title 5 of the Carlsbad Municipal Code by the addition of
Chapter 5.40 to regulate secondhand dealers. The recommended amendment is con-
sistent with state law.
ITEM EXPLANATION:
The Police Department is recommending adoption of this ordinance as a means to
improve their ability to identify and retrieve stolen property. This would be
accomplished through regulation of local secondhand dealers who are often targets
for the dissemination of stolen property. The City of Carlsbad is currently
the only city in the county that does not regulate secondhand businesses. The
Police Department has identified several thousand dollars in stolen property
that has passed through local secondhand businesses. Questions and concerns
regarding this ordinance by local business entities have been addressed in an
attachment to this agenda bill.
The proposed ordinance has been prepared by the City Attorney's office and is
similar to the present San Diego county ordinance. The Chief of Police is
recommending the adoption of this ordinance in the interest of the public safety
and welfare.
FISCAL IMPACT:
A license application fee of $100 has been recommended to defray costs of back-
ground investigations by the Police Department. In addition, the individual
dealer would be responsible for providing "buy form" records. Additional costs
to the City would be for data entry to buy forms into the ARJIS system, which
is estimated to cost approximately $500 for one year. The additional operating
cost of $500 is proposed to be incorporated into the present operating budget of
the Police Department.
EXHIBITS:
1. Ordinance No. 6064
2. Memo from Police Chief dated 3/9/82
ORDINANCE NO.6064
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 5 OF THE
CARLSBAD MUNICIPAL CODE BY THE ADDITION OF
CHAPTER 5.40 TO REGULATE SECONDHAND DEALERS.
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: That Title 5 of the Carlsbad Municipal Code
is amended by the addition of Chapter 5.40 to read as follows:
"Chapter 5.40
Sec t ions :
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SECONDHAND DEALERS
Purpose and intent.
Def ini t ions .
License required.
App licat ion .
Investigation and issuance of license.
Additional grounds for denial, license
suspension or revocation.
Application fee.
Terms of license renewal.
Records of dealer.
Records of chief of police.
Retention of goods period.
Goods not to be altered.
Goods released by the chief of police.
Hold-order by chief of police.
Export .
Except ions .
Violat ions -mis demeanors .
Purpose and intent. The City Council o
City of Carlsbad finds that secondhand businesses provide a
means of disposing of stolen goods. Investigation by police
agencies reveals that new, used and stolen property are acquired
and sold by secondhand businesses. Because secondhand
businesses can be ready vehicles for the disposal of stolen
goods, such businesses should be subject to controls which will
decrease the potential traffic in such stolen goods. It is the
intent of this ordinance to preclude secondhand businesses
from being depositories for stolen goods by providing control
over the goods purchased and sold by secondhand businesses,
especially such goods that are subject to theft and subsequent
disposal by way of sale.
JS . 4^0. 020 ' Definitions. For the purposes of this
1 chapter, the following definitions shall apply:
(a) A secondhand dealer, as defined, includes any
2 person, copartnership, firm, or corporation whose business is
buying, selling, trading, taking in pawn, accepting for sale on
3 consignment, accepting for auctioning or auctioning secondhand
personal property. For the purposes of this chapter secondhand
4 dealer includes antique dealers and pawnbrokers but does not
include any person or other entity who participates in any
5 annual or semi-annual fare sponsored by a non-profit corporation
or association and approved by the City Council, unless such
6 person or entity is otherwise a secondhand dealer.
(b) Secondhand property means personal property of
7 which prior use has been made.
8 5.40.030 License required. It shall be unlawful for
any person to engage in the business of a secondhand dealer in
9 the City unless such person has been issued a license as
provided in this chapter.
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5.40.040 Application. An applicant shall submit his
11 application for a license to the chief of police, which
application shall be under oath, and shall include, among other
12 things, the true names and addresses of all persons financially
interested in the business. The past criminal record, if any,'
13 of all persons financially or otherwise interested in the
business shall be shown on such application if such record shows
14 that any such person has been convicted of any offense involving
theft, stolen property, or fraud. The term "persons financially
15 interested" shall include the applicant and all persons who
share in the prof.its of the business on the basis of gross or
16 -net revenue, including landlords, lessors, lessees and the owner
of the building, fixtures or equipment. The application shall
17 also be accompanied by fingerprints of persons financially
interested.
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5.40.050 Investigation and issuance of license. The
19 chief of police shall make such investigation as is necessary to
determine the background of the applicant and other persons
20 financially interested. The police chief shall issue the
license unless he finds that the applicant or any person
21 financially interested has been convicted of any theft, related
offense or any offense relating to stolen property including but
22 not limited to receiving stolen property or attempt to receive
stolen property.
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5.40.060 Additional grounds for denial, license
24 suspension or revocation.
(a)Thepolicechief may deny the application for a
25 license, suspend the license for thirty days or less, or revoke
the license of any secondhand dealer, if the location of the
26 business is contrary to the provisions of this code, if the
health, welfare or safety of the community warrant such denial,
27 suspension or revocation or if the applicant or licensee or any
employee, agent or representative thereof has:
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(1) Knowingly made any false, misleading or
fraudulent statement of a material fact in the application or in
any record or report required to be filed under this ordinance;
or
(2) Violated any provision of this chapter.
(b) No suspension or revocation shall be effective
until the police chief gives ten days written notice of the
basis for the suspension or revocation and provides the licensee
with a reasonable opportunity to be heard on the suspension or
revoca t ion .
5.40.070 Application fee. A non-refundable license
application fee of $100.00 shall be paid at the time the license
application is filed. This fee shall be paid to defray the
costs of investigation under this chapter. The fee required by
this section shall not be required for renewal of the license.
The fee shall not be in lieu of, and shall be in addition to the
business license tax levied according to Chapters 5.04 and 5.09
of this code.
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5.40.080 Terms of license renewal. The license issued
11 pursuant to this chapter shall be valid for one year from the
date of issuance. A license may be renewed annually if on or
before the thirtieth day prior to the expiration date of the
currently valid license, the licensee applies for renewal of the
license. A renewal fee of $50 shall accompany the application.
The renewal application shall include any changes on the
information contained in the original license application. The
chief of police shall grant or deny the renewal on the same basis
as an original application.
5.40.090 Records of dealer. At the end of each day
every dealer shall file with the chief of police properly
completed "buy form" records for all property received during
such day by such dealer. Such "buy form" records shall be on
forms furnished by the dealer. The "buy form" records shall be
made in triplicate, written, printed or typed in a legible
manner. The "buy form" shall contain the following information:
(a) The name of the person from whom the goods were
purchased, together with the address, and description of the
person from whom such goods were purchased and the license nucber
and description of the vehicle in which the goods were delivered
to the dealer or the driver's license or identification card
number of the person.
(b) A description of the thing or things purchased by
the name of the article, the name of the manufacturer, if known,
and serial number or numbers, and initials or identifying marks
or inscriptions if the article is one which is identified by
such numbers, initials, marks or inscriptions.
(c) Such other information deemed necessary by the
chief of police to assist in the detection of stolen property.
(d) A copy of each "buy form" record shall be kept on
file at the place of business of the licensee for a period of.one year and shall be available for inspection by any member of
the police department during business hours.
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(e) This section shall not apply to antiques or
secondhand property which a dealer has acquired from another
person who under applicable state and/or local laws shall have
previously reported such antiques or secondhand property to the
appropriate police agency. The dealer acquiring such property
shall upon demand by the police present satisfactory records of
such prior reporting.
5.40.100 Records of chief of police. The chief of
police shall maintain a file of all records received pursuant to
the terms of this chapter for a period of two years and such
records shall be open to inspections by any peace officer of this
State.
5.40.110 Retention of goods period. Except as
otherwise provided herein:
(a) Every dealer shall retain in his possession for a
period of thirty days after acquisition by him all secondhand
personal property prior to any sale or disposal.
(b) The thirty day holding period shall commence wit'r.
the date that the "buy form" report of its acquisition is filed
with the chief of police by the dealer. Under such conditions
as he may require, the chief of police or his agents may for good
cause authorize prior disposition of any such property in lieu
of holding the property for the prescribed thirty days.
(c) This section shall not apply to antiques or
secondhand property which a dealer has acquired from another
person who, under applicable state and/or local laws, shall haTe
previously held such antiques or secondhand property for the
period prescribed by such laws. The dealer acquiring such
property shall, upon demand by the chief of police or his
agents, present satisfactory records that such antiques or
secondhand property shall have been held for such required
period .
5.40.120 Goods not to be altered. A secondhand dealer
shall not allow any secondhand property pledged to or purchased
by him to be cleaned, altered, repaired, painted or otherwise
changed in appearance until such secondhand property has been
held for the time required by this chapter or unless released by
the chief of police or his agents.
5.40.130 Goods released by the chief of police. The
chief of police or his agents may release any property required
to be held by this chapter, if after an inspection he is
satisfied that such property is in the lawful possession of the
secondhand dealer.
5.40.140 Hold-order by chief of police. The chief of
police or his agents may place a hold-order for a period of
forty-five days upon any property acquired by the secondhand
dealer in the course of his business and upon release of such
property the chief of police or his agents may require the
secondhand dealer to keep a true record of such property and
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include therewith the true name and
such property was sold, or a record
disposition. The secondhand dealer
record required under this section.
address of the person to whom
of any other method of
shall keep for one year any
5.40.150 Export. A secondhand dealer shall not export
from this City any secondhand property pledged to or received by
such secondhand dealer in his capacity as secondhand dealer
until the chief of police or his agents have inspected and
released such property.
5.40.160 Exceptions. The following are excluded from
the operation of this chapter:
(a) Secondhand motor vehicles, the transfer of
ownership of which is required to be made a matter of record
with the California Motor Vehicle Department pursuant to the
Vehicle Code, except that the records of dealers of purchases
and sales of such articles made within the County shall be open
to the inspection of the chief of police or his agents.
(b) Receipt or sale of a secondhand article by any
person that received such secondhand article as part payment of
a new article, if such person is the authorized representative
or agent of the manufacturer of or regularly deals in the new
art icle sold.
(c) Any person acting as a dealer for the exclusive
benefit of any community chest fund, foundation, or corporation
organized and operated for religious, hospital, or charitable
purposes and not conducted for a profit, where no part of the
gross receipts or net earnings inure to the benefit of any
private shareholder or person participating in the organization
or conduct of the sale or exchange, is exempted from the
provisions of this law.
(d) This section shall not apply to antiques or
secondhand property which a dealer has acquired from another
person who, under applicable state or local laws, shall have
previously reported such antiques or secondhand property to the
appropriate police agency. The dealer acquiring such property
shall, upon demand by the chief of police, or his agents,
present satisfactory records of such prior reporting.
(e) Tangible personal property acquired pursuant to
provisions of Business and Professions Code Section 21629.
5.40.170 Violation-misdemeanor. Any person violating
the provisions of this chapter shall be deemed guilty of a
misdemeanor and upon conviction shall be fined in an amount not
to exceed Five Hundred Dollars or by imprisonment for a period
of not more than six months in the County Jail or by both such
fine and imprisonment.
EFFECTIVE DATE This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall certify
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to the adoption of this ordinance and cause it to be published
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at least once in the Carlsbad Journal within fifteen days after
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its adopt ion.
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INTRODUCED AND FIRST READ at a regular meeting of the
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Carlsbad City Council held on the 6th day of April
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1982, and thereafter
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PASSED AND ADOPTED at a regular meeting of said Council
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held on the 20th day of April , 1982, by the
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following vote, to wit:
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AYES: Council Msnbers Packard, Casler, Anear, LaxrLs
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NOES: None
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ABSENT: Council Member Rulchin
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RONALD C. PACKARD, Mayor
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19 ATTEST:
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22 ALETHA L. RAUTENKRANZ, City Clerld
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(SEAL)
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MEMO
TO: Frank Aleshire, City Manager DATE: March 9, 1982
FROM: Vincent D. Jimno, Chief of Police
SUBJECT: SECONDHAND DEALERS ORDINANCE - SUPPLEMENTAL INFORMATION
In response to the direction of the City Council at the Council meeting of
March 2, 1982, I have prepared answers to questions raised in the public dis-
cussion .
1. Will the ordinance adversely affect the Spring and Fall Faire sponsored by
the Chamber of Coranerce?
No. The ordinance is designed for purchases by vendors, not sales.
However, to allay concerns in this area, an exception for these types
of events has been drafted by the City Attorney's office.
2. Does the ordinance affect swap meets and garage sales?
No. Swap meets are regulated by Section 496 of the Penal Code.
Garage sales are not affected because they are not directed at "pur-
chases" by the holder of the "sale".
3. Will the 30-day holding period adversely affect or constrain local business?
No. The Police Chief, or his agent, has the authority under the ord-
inance to allow disposal of property before the 30-day period.
4. Does the section prohibiting alteration of property restrict or constrain
the proper metal testing for content and purity?
No. This section is specifically designed to prohibit intentional
destruction or the change in appearance of an item. Testing can be
conducted that does not significantly change or alter the item.
5. Is the $100 license fee too escessive for businesses like antique shops?
No. The fee is designed to offset investigative costs.
6. What is the definition of secondhand property?
Secondhand property means personal property of which prior use has
been made.
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