2006Chief of Police
License Collector
ORDINANCE NO. 2006
AN ORDINANCE OF THE CITY OF ANAHEIM AMEND-
ING TITLE 4, CHAPTER 4.64 OF THE ANAHEIM
MUNICIPAL CODE, RELATING TO SECONDHAND
DEALERS AND PAWNBROKERS, IN ITS ENTIRETY.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN
AS FOLLOWS:
SECTION 1.
That Title 4, Chapter 4.64 of the Anaheim Municipal
Code be, and the same is hereby amended to read as follows:
"CHAPTER 4.64 -- SECONDHAND DEALERS
AND PAWNBROKERS.
"SECTION 4.64.010 DEFINITIONS.
"A. Secondhand Dealer: A 'secondhand dealer,' as used
in this Chapter, means and includes any person,
copartnership, firm, or corporation, who engages in
the business of buying, selling, trading:, accepting
for sale on consignment, accepting for auctioning,
or auctioning secondhand personal property. The pro-
visions of this chapter shall have no application to
secondhand or new car dealers.
"B. Pawnbroker: A 'pawnbroker' is a person engaged
in concd ing, managing or carrying on the business
of loaning money, for himself or for any other person,
upon personal property, personal security, pawns or
pledges, or the business of purchasing articles of
personal property and reselling or agreeing to re-
sell such articles to the vendors or their assignees,
at prices agreed upon at or before the time of such
purchase.
"SECTION 4.64.020 REPORT REQUIRED. Every secondhand
dealer and pawnbroker shall report all personal property
which he has purchased, taken in trade, taken in pawn,
accepted for sale on consignment, or accepted for auction-
ing to the Chief of Police of the City of Anaheim, not
later than twelve noon of the day following the acquisi-
tion of such property.
"SECTION 4.64.030 EXCEPTIONS FROM CHAPTER. The provisions
of this Chapter, except for the provisions of Paragraph 'B'
of Section 4.64.060, shall not apply to any secondhand
personal property which has been:
(a) Acquired in good faith in a transaction involving
the stock in trade of another secondhand dealer
who previously has made the report or reports
required by this chapter of such property included
• in the transaction and who states in writing that
the report or reports so required have been made,
and provided the acquiring secondhand dealer submits
a copy of such statement to the Chief of Police.
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Each of the secondhand dealers involved in the
transaction shall retain a copy of the statement
• referred to in this section for a period of three
years as a matter of record which shall be made
available for inspection by any law enforcement
officer;
(b) Acquired in a nonjudicial sale, transfer, assignment,
assignment for the benefit of creditors, or consign-
ment of the assets or stock in trade, in bulk, or a
substantial part thereof, of an industrial or com-
mercial enterprise for purposes of voluntary dissolu-
tion or liquidation of the seller's business, or for
the purpose of disposing of an excessive quantity of
personal property; or which has been acquired in a
nonjudicial sale or transfer from an owner of his
entire household of personal property, or a substan-
tial part thereof; provided, the secondhand dealer
retains in his place of business for a period of three
years a copy of the bill of sale, receipt, inventory
list, or other transfer document as a matter of
record which shall be made available for inspection
by any law enforcement officer; and provided further,
that the secondhand dealer notifies the Chief of Police
that exemption from reporting is being claimed under
this section.'Industrial or commercial enterprise'
and 'owner' as used in this section do not include a
secondhand dealer;
(c) Acquired in a sale made by any public officer in his
official capacity, trustee in bankruptcy, executor,
administrator, receiver, or public official acting
under judicial process or authority, or which has been
acquired in a sale made upon the execution of, or by
virtue of, any process issued by a court, or under
the provisions of the Warehouse Receipts Act;
(d) Acquired in good faith as part or complete payment
for other personal property by a person, copartner-
ship, firm, or corporation whose principal business
is primarily that of selling or trading personal
property directly to the consumer, provided, however,
that in such transaction no consideration other than
stock in trade shall pass from the business enterprise
to the person trading or exchanging the used item.
(e) Acquired as the surplus property of the United States
Government or of a state, city,county, city and
county, municipal corporation, or public district and
which after requisition or acquisition by the United
States Government or by a state, city, county, city
and county, municipal corporation, or public district
has never thereafter been sold at retail; and
(f) Reported by a secondhand dealer as an acquisition or
a purchase, or which has been reported as destroyed or
40 otherwise disposed of, (1) to a state agency by the
authority of any other law of this State; or (2) to
a city, county, or city and county officer or agency
by the authority of any other law of this State or a
city, county, or city and county ordinance.
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(g) Acquired by gift and the donee, person, firm, partner-
ship, or corporation sells the property acquired by
• gift as a part of a charitable activity carried on
by said person, firm, partnership, or corporation.
"SECTION 4.64.040 PRESCRIBED FORMS. The Chief of
Police of said City of Anaheim shall, upon the taking
effect of this chapter, cause such a number of blanks to
be printed as may be necessary for that purpose and shall
thereafter from time to time cause such additional blanks
to be printed as may be required, which said blanks shall
be so printed and subdivided that they shall have space
for writing in the following matters, to wit: Number of -pawn
ticket; amount loaned or paid for article; description of
articles purchased; description of articles sold; descrip-
tion of article otherwise dealt with; name and residence
of person, firm or corporation from whom purchased; name
and place of residence of person, firm or corporation to
whom sold; name and place of residence of person, firm or
corporation with whom otherwise dealt with; description of
person to whom sold or with whom otherwise dealt with;
showing true name as nearly as known; age, sex, complexion,
color of mustache or beard or both where both are worn; style
of dress; height, also the time when the articles were pur-
chased, sold or otherwise dealt with. Each day all articles
which were purchased the preceding day shall be displayed
for inspection. Said blanks shall also bear a caption
providing blank spaces in which to fill in the date of said
report; the name and place of residence of the person making
the same and the hour of the day vh en made. The Chief of
Police of said City of Anaheim shall deliver said blank
to the person from whom said reports are required from time
to time, free of charge.
"SECTION 4.64.050 REPORTS AND RECORDS IN THE ENGLISH
LANGUAGE. Every report and record required by the terms
of this chapter shall be written or printed entirely in
the English language in a clear and legible manner.
"SECTION 4.64.060 RETENTION OF POSSESSION OF PROPERTY
BY DEALER FOR 30 -DAY PERIOD.
"A. Every secondhand dealer and pawnbroker shall retain
in his possession for a period of 30 days all personal
property reported under the provisions of this chapter.
The 30 -day holding period with respect to such per-
sonal property shall commence with the date the report
of its acquisition was made to the Chief of Police by
the secondhand dealer or pawnbroker.
"B. A police officer of the City of Anaheim may require
any secondhand dealer or pawnbroker, upon written
notice, to hold property which the police officer has
reason to believe is stolen for a period not to ex-
ceed 90 days from the date of placing such hold.
Such property may be released only upon written authori-
zation of a police officer of the City of Anaheim.
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"SECTION 4.64.070 RECORDS TO BE KEPT. Every second-
hand dealer or pawnbroker shall keep a complete record
40 of all personal property pledged to, purchased, received
or sold by him, which record shall contain all the matters
required to be shown in the reports referred to -in Sec-
tions 4.64.020 and 4.64.040 of this chapter. Every such
record shall be open at all times during business hours
to the inspection of any law enforcement officer.
"SECTION 4.64.080 VIOLATION, MISDEMEANOR.
1°A. A violation of any provision of this chapter con-
stitutes a misdemeanor.
10
"B. In addition to the foregoing penalties, the City
Council of the City of Anaheim may revoke or suspend
the business license of any secondhand dealer or
pawnbroker for failure to comply with the provisions
of this chapter or any local, state, or federal
enactment relating to the business of a secondhand
dealer or pawnbroker.
"C. No business license shall be suspended or revoked
until a hearing shall have been had by the -City
Council. Notice of such hearing shall be given in
writing and served at least three (3) days prior
to the date of hearing upon the holder of such license,
or his manager or agent. The notice shall state the
ground of complaint against the holder, and shall also
state the time and place such hearing will be had.
The notice shall be served on the holder of such
license by delivering the same to the holder or his
manager or agent, or to any person in charge of or
employed in the place of business of such holder or
the residence of such holder. If the holder of such
license cannot be found and service of such notice
cannot be made upon him in the manner herein provided,
then a copy of such notice shall be mailed,postage
fully prepaid, addressed to such holder &t such
of business or residence, at least three..(3) d4y- - ;
prior to the date of the hearing.
"D. When the license of any holder is revoked. said- - r
license shall remain revoked for a peri6d_� tm
e=dear:
Such holder will not be eligible to obtain.,a--.b;y�a less
license during the one-year period."
SECTION 2.
The City Clerk shall certify to the passage of this
ordinance and shall cause the same to be printed once within
fifteen (15) days after its adoption, in the Anaheim Bulletin,
a newspaper of general circulation, printed, published and
circulated in said City, and thirty (30) days from and after
its final passage it shall take effect and be in full force.
THE FOREGOING ORDINANCE is approved and signed by me
this 16th day of June , 196 4 .
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF ANAHEIM )
I, DENS. M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Ordinance No. 2006 was
introduced at a regular meeting of the -City -Council of the City
of Anaheim held on the 9th day of June, 1964, and that the -same
was duly passed and adopted -at a regular meeting of said City
Council held -on the 16th day of June, 1964, -by the following
vote of the members thereof:
AYES: COUNCILMEN: Pebley, Dutton, Schutte, Krein and Chandler
NOES: COUNCILMENs None
<ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Ordinance No. 2006 on the 16th
day of Junes 1964.
IN WITNESS WHEREOF, I have hereunto set -my hand and
affixed the official seal of the City of Anaheim this 16th day
of -June, 1964,
CITY CLERK OF THE -.CITY OF ANAHEIM
(SEAL)
1, DENE M. WILLIAMS, CITY CLERK OF THE CITY OF ANAHEIM
DO HEREBY CERTIFY --THAT THE FOREG')ING ORDINANCE
c WAS PU3LISHED ONCE
IN THIE_ ANAHEIM BULLETIN
ON Ti-3—�