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WITHDRAWN D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
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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Council to grant issuance of a permit be repealed since it is inconsistent with state law; and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
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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
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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)
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