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HomeMy WebLinkAbout2009-05-05; City Council; 19793; Amendment to CMC section 5.08.120 PawnbrokersCITY OF CARLSBAD - AGENDA BILL 12 19,793AB# MTG. 05/05/09 DEPT. Clerk AMENDMENT TO CARLSBAD MUNICIPAL CODE SECTION 5.08.120 PAWNBROKERS DEPT. HEAD; CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Ordinance No. CS-027 amending Section 5.08.120 (Pawnbrokers) of the Carlsbad Municipal Code requiring pawn businesses to obtain a pawnbrokers license from the Chief of Police and repealing the requirement for a written permit from the City Council. ITEM EXPLANATION: Ordinance No. CS-027 was introduced and first read at the City Council meeting held on April 21, 2009. The second reading allows the City Council to adopt the ordinance which will become effective in thirty days. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See Agenda Bill No. 19,777 on file in the Office of the City Clerk. EXHIBITS: 1. Ordinance No. CS-027. DEPARTMENT CONTACT: Sheila R. Cobian (760) 434-2927, scobi@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED ^Q. DENIED D CONTINUED O WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES aa D D 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 22 1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 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and WHEREAS, it is now recommended that the provision authorizing the City Council to grant issuance of a permit be repealed since it is inconsistent with state law; and WHEREAS, pawn businesses would still be required to obtain a business license for a fee of $150 per year and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 n (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 Council on the 21st davof April PASSED AND ADOPTED at Carlsbad on the 5tb davof May AYES: Counci 1 Member? Lewi s NOES: None- ABSENT: None< APPROVED AS TO FORM AND LEGALITY: / / JLj^fafa/jfa, ^ ss+-. & RONA\D R. BALL, City Attorney **1*«i^j»L8H ^vVJE^v''" wH'',,* i READ at a regular meeting of the Carlsbad City , 2009, and thereafter a regular meeting of the City Council of the City of , 2009, by the following vote, to wit: , Kulcbin, Hall, Packard and Blackburn. ^ **%/A /^/,/to/x A- (L>^^ ft&UDEA. LEWIS, Mayor ATTEST: Wtitinffl-falKAM 0« 3A0'''' VJ.ORRAINE M. WOOD, City Clerk ''fety'- (Seal) WIwy