HomeMy WebLinkAboutORD NO 48 AN 0RDIN~JqCE REGULATING THE BUSINESS 0F PAWN
BROKERS SECONDN~3D DEALERS JUNK DEALERS AND
JUNK COLLECTORS; MAKING THE'VIOLATION HEREOF A
MISDEMEANOR AND PROVIDING A PENALTY T EREFOR~AND
4
REPD. LING ORDIN~JqCES NOB. 3 O, 351, 3~7 and ~7.2.
BE IT 'ORDAINED 'BY THE COUNCIL OF T}{E CITY 'OF BAKERSFIELD,
as follows:
SECTION 1.
(a) For the purpose of this ordinance. a "pawn broker"
is defined to be 'any person, firm or corporation who carries on, con-
ducts, maintains or engages in the business of loaning money for inter-
est for himself or any other person, firm or corporation, and. receiv-
ing goods,' wares, or merchandise as a pledge or pawn in security for
the payment of same, or who ·purchases articles of personal property
and re-sells or ag._~rees to re-sell such articles to the vendera or
their assigms at prices agreed upon at or before the time of such
purchase.
A "pawn. shop" is defined to be any room, store or place
in which such business is carried on, conducted., maintained or engaged
in.
(b) For the purpose of this ordinance, a "secondhand
dealer" is defined to be any person, firm or corporation who carriwS
on, conducts, maintains or eDgages in the business of buying or selling.~
or exchanging or otherwise dealing in or acquiring any' article or
thing that has been sold and used before. Provided, however, that
any person, firm or corporation de&ling in, buying, sellir~g or exchang-
ing secondhand household furniture or household goods only, shall not
come within the meaning of this ordinance.
(c) For the purpose of this ordinance, a "junk' dealer"
is defined to be any person, firm or corporation who carries on, con-
ducts, maintains or engages in the business of buying, selling, or
otherwise dealing in or '~?':'~.1 ~.~ ~.~:~i!.Lj.~-,....!..,'~.~.'~
· 'S ,~ .
"" ~ ~ '~' "' · . '.- '.~' '." '~ '!.. ~ ~:~ L~': '~. ~..' ~' .?~.~-. ~-"'~. ~.'~'~?:"-..""~
metal, r~s, old rope,' or ~y o1"~ ~!.~'l~e',not 'to'.j~:b"e~:.:~se~.':~n~..~i~s
, . -: ,. ~ ~ ~., ,.· , .:- - ... . j· ~.~..~~ .'." - ~.~ ~., .
fomer state or condition. """""
(d) For the purpose ,nfthis ordin~ce a "j~k' collector"
is defined to be ~y person who ~o~.s f~om .house to house,:~ ~r~:~rOm '..' ....
· . . '~ .. ~. '.. · . .~... ... ,: .,.-...... ;.....
place to place, ~ather~, collect~ 'b~yi~,. sel].i~ or othe'm~s.e
..
deali~ in or ~cquiri~ ~y old bottles, scraps, pieces of mete,
r~s, old rope or ~y old article not '~o be csed in its f~er state
or condition.
SECTION 2.
It shall be unlawful for any person, firm or corporation
to carry on, conduct, maintain or engage in the business of pawn
broker, secondhand dealer, jmnk dealer, or junk collector, within the
City of Bakersfield, without havir~ first obtained a permit from the
Council of the City of Bakersfield to so carry on, conduct, maintain
or .engage in such business.
SECTION ~.
Any person, -firm or corporation desiring to obtain such
permit-to carry~n, conduct, maintain or eng~ag.~e in any business men-
tioned. in Section l, of this ordinance, shall file an application in
writing therefor in the office of the Clerk' of the Council of said
City of Bakersfield, on a blank to be provided by said Clerk.
SECTION 4.
No permit shall be granted to any person, finn or cor-
poration within the provisions of this ordinance unless such applicant
or applicants shall have such qualifications, and his or their appli-
cation conforms to. the requirements, terms and conditions of this
ordinance, as provided ~erein.
SECTION ~. .........
No permit shall be granted to any person, firm or cor-
poration within the provisions of this ordinance unless said. applicant
or applicants are of good moral character, shall have complied with
all laws of the State of California, and. all ordinances of~.the City ~
-.. .. .I
.......' .'... '....'-..'...~...~,..i!¢!~,~..~.~/...: .':: ~!:.: .~,
o f Bakersfield.
SECT I ON 6.
Said application shall be Signed by said applicant and
shall specify the location of the place of business of said applicant.
Said application must be endorsed by at least five reputable .citizens
of said. City owning. or occupying real property within said City, giv-
ing their residences, places of business and occupations.
SECTION 7-
Said application shall be referred· to the Chief of Police
who shall make an investigation of the Character of the applicant "
and'verify the statements made in said application, and at the next
reg-~ular meeting of said Council, report thereon to said Council.
After receiving such report, the said Council ~'ma.y.- grant or deny the
applicant permission to carry on, conduct, maintain or engage in said
business.
SECTION 8.
(a) ~henever it shall appear to said Council that said
person, firm or corporation to whom such permit has been granted is
carrying on, conducting ~maintaining said business in an improper,
irregular or unlawful manner, such permit, so granted, shall be re-
voked.
(b) It shall be unlawful for any such person, firm or
corporation· whose permit has bsen so revoked, .to continue to carry on,
conduct, maintain or en4~age in such business within the City of
Bakersfield. until such time as such permit shall be renewed.
SECTION 9-
(a) 'Every person, firm or corporation who carries on,
cond:.ucts, maintains or en~ages in the business o.f. pa....wn__brok.e...r,.. s.e. con~-
hand dealer or junk dealer, under the provisions of this ordinance,
shs]'l 'keep a record, in triplicate, in a book to be provided by the
'..T .: -~,...!.~'.{""..'.b~'
ed in the English langu~e in a clear and l~e~..~ible manner, '...t. hS~'."'n~e' or
negroes and description, as provided in such book, 'o.~ all. persons from
whom any article or thi~ whatsoever is purchas~d~'~'t~'ed or othemise
acquired, the date of such pnrchsse, trade or acquisition, the nine ~d
description of each such article or thi~ so purchaaed,....~ra~ed or ac-
quired,
(b) A record must also be kept in triplicate, written or
printed entirely in the ~lish l~u~e, in a clear ~d l~ible m~er
showi~ the nine or nines ~d description, as provided in s~ch book, of
all persons to whom sh~l be sold, traded or otherwise disposed or ~y
sritcle or thi~, the nine ~d description of each such article or thi~
so sold, traded or disposed of, ~d the date of s~ch sale, trade or
disposition,
(c) The origin~ of said record must be si~ed by..~such
pa~ broker, second.h~d de~er or j~k dealer, rod. ~so by the~erson
'from or to whom such purchase, trade, sale, exch~e or trmsaction is
made, and shall be delivered daily to the Chief of Police of the City
of Bakersfield., One copy thereof shall be delivered to .the person or
persons from ~om such article or thi~ is purchased., traded or other-'~
wise acquired, or to whom such article or thi~ is sold, tr~.ed or
othe~ise disposed of, ~d one copy shall be retained by said pa~
broker, secendh~d dealer or jmk dealer, m~i~ the aforesaid sale,
trade, exch.~e or tr~saction,
(d) Bach book shall be'~d remain the property of the
City of Bakersfield, but shall be retained by said. pa~ broker, second-
h~d dealer or jmk dealer, ~iled ~d securely kept for inspection at
all times by the Chief of Police or ~y police officer o'f the City of
Bakerall'old Or ~y peace officer 'of the County of Kern, -.
-4-
· .. ~,..'.. ": .... · . . .-...' ~ ..~...~ .,~¥!.,...~. '.... .~ · ~ ~!~.~' .'.4 .'. ~ '. '.~-...~,..~.
The Chief of Police shall file, in some secure .place in
his office, all reports received pursuant to the terms of this ordinance
and the same shall be open to inspection only by members of the Police
Department of the City of Bakersfield, or by other persons upon an order
of a court of competent jurisdiction made for that purpose.
SECTION 11.
AI.1 articles or things bo~ug_~ht or traded for, Or in any
manner acquired by tony such pawn broker, secondhand dealer, or j~nk
dealer shall be exposed to view in the store or other place kept
said. pawn broker, secondhand. dealer, or junk dealer, and. no sue~i~ti-
cle or .thing so purchased, traded, or otherwise acquired by the per-
sons specified in this ordinance shall be sold, exchanged, or otherwise
disposed of within fourteen (14) days after the date of purchase.
SECTION 12.
It shall be unlawful for any pawn broker, secondhand deal..-
er, or junk dealer to purchase, trade .f. or or receive on any pretext
whatsoever, shy article or thingo ~rom any minor under the age of eigh-
teen (18)' years.
SECTION 13.
It shall be unlawful for ~ny pawn broker, secondhand
dealer, or junk dealer to sell, hire, loan or deliver to any minor under
the age of eighteen (18) years, any gun, pistol, or other firearm, dirk
bowie knife, powder, shot, bullets or any weapon, or any. combustible or
dangerous material.
SECTION 14.
~t shall be unlawful for any pawn broker, secondhand
dealer or junk ·dealer to buy, sell or exchange within the City of
Bakersfield., any secondhand furniture, bedding, carpets, clothing,
books, or other secondhand goods, wares or merchandise brought from
without the City of Bakersfield, Or permit same to be brought into and
delivered in the said City .of Bake-re'field 'for' use,~ sale· er'
until same sLhall have first been inspected by the Health Offioer .e.f
said City, and the same shall, if so ordered by said F. ealth Officer·, be
thoroughly disinfected. by the owner or consignee thereof before it i's
delivered., sold or exchanged or offered for sale or exchange.
SECTION 15 ·
It shall be unlawful for any person, finn or corporation
eng.~aged in, conducting, managing or carrying on the business of pawn
broker, secondhand dealer, junk dealer or junk collector, or for any
agent or employee O'f any such person, finn or corporation, to accept
any pledge of, or to loan any money upon personal property or to secure
or receive any goods, wares, or merchandise, or any article or thing,
or in any msmner whatsoever to engage in or conduct any such business
between the hour of six o'clock in the after noon of any day and the
hour of eight o'clock in the forenoon of the following day, or at all
on Sunday.
SECTION 16.
(a) Any person, finn or corporation engaging in, carrying
on, conducting or maintainir~g any business not included in or coming
under the .prov..isions of this ordinance, but which is now or may here-
after be carried on, conducted or maintained in the same room with any
business coming within and subject to the provisions of this ordinance,
and thereby required to be closed at certain hours and times, shall have
that part of the room in which such business coming within the provisions
of this ordinance is carried on separated and set apart from the busi-
ness not coming under the provisions of this ordinance by a permanent
partition or screen not less than eight (8) feet in height, and which
said permanent partition or screen shall enclose and separate the said
place, where 'said business coming within the provisions of this ordinance
is carried on. from the place, section or portion of the room wherein
the business not' coming under the provisions and operation of this
ordinance is carried on, conducted and. maintained as aforesaid.
(b) Every person, firm or corporation en~aged in,..'
carrying on, conducting or maintaining a pawn shop ~nder the provisions
of section l~ (a) of this ordinance shall, at all times during the hour
said pawn shop is required to be kept closed by the provisions of this
ordinance, have and keep displayed on the outer side of said partition
or screen a sign bearing the following inscription "Loan Office Closed"
· Said. sign shall be in letters of not less than foar inches in height
a. nd shall at all of said times be so displayed as to be clearly visible
to the publ ic.
SECTION 17.
The permit provided for in this ordinance, shall when
issued, be issued for a quarter of a year or the then remaining por-
tion thereof for quarters ending on the last day of March, June,
September, and December.
SECTION 18.
No license shall be granted under. any ordinance of the
City of Bakersfield regulati~ and imposing m~nicipal licenses within
said City, unless a permit therefor shall' have been first obtained as
provided in this ordinance s~d said. permit is in full force and effect
at the ti. me said license is applied for and granted.
SECTION 19.
(a) The permit provided for in this ordinance shall con-
tinue in force and effect so long as the holder thereof engsges in,
conducts, ca.tries on or maintains the business for which said. permit is'
granted, at the location designated jherein. Provid.ed, however, that
the Oomncil may at its discretion consent to a change in the location,
of said business.
(b) · Such permit is not assignable, but should. said busi-
ness be sold, transferred or assigned the person, firm or corporation
to whom ssme is so sold., transferred or assigned, must apply for and
receive a permit, in his, their or its own name.
SECT I ON 20.
No permit shall be granted to any person, firm or cor-
poration to engage in, carry on, conduct or maintain a junk business to
be located within that portion of the City set apart or designated by
any ordinance of the City of Bakersfield as the "FIE LIMITS" of said
City.
SECTION 21.
If any section, sub-section, sentence, cl'ause or phrase
of this ordinsnce is for any reason held to be unconstitutional or
invalid, such decision shall not affect the remaini.~ portions of this
ordinance. The City Council hereby declares. ths~t it would have passed.
this ordinance and. each section an.d sub-section thereof irrespective'
of the fact that any one or more of the sections, sub-sections, sen-
tences, clauses or 'phrases be declared unconstitutional or invalid,
SECTION 22.
~my person, firm or corporation violating any of the pro-
visions of this ordinance shall be deemed guilty of a misdemeanor and.
upon conviction thereof shall be punished. by a fine not exceeding the
sum of Three Hundred ($300.00) Dollars, or by imprisonment in the
County Jail for a-~erm not exceedin~-~ ninety .(90) days, or by both sach
fine and. imprisonment.
SECTION
°Ordinances Nos. 340, 351, 367 and. 372 of the City of
Bakersfield, regulating the businesses of pawn brokers, secondhand
dealers, jvnk dealers and junk collectors, are hereby repealed..
I HEREBY CERTIFT that the foregoing ordinance was passed
and adopted by'the CoUncil of the City of Bakersfield., on the ~ day
.o of ~. ~ 1920, by the following vote:.
Ayes-Eau~'hman, Gi!chris~, ~, ~!~l~ra, Ecn~ro, ~illow, ~Y';lson.
Approved this ~day of City Clerk and. ex-officio Clerk of the
council of the City of Bakersfield.,
~~ · ~~r :.e f the 'City .o f.
...~..:.~.;~. ~. .~:~:~L~: ..~.,._.. ~; ..... ·