HomeMy WebLinkAboutORD NO 340 BROKERS, SECONDHAND DEALERS, JUI~K DEALERS AND ~
JUI~K COLLECTORS, A2[D REPEA~_ING ORDINANCE N0. 176,
AI~D ALL ORDINANCES did PARTS OF 0RDII~ANCES IN CON-
FLiCT KEREV~I TH.
BE IT ORDAIltED BY THE COUNCIL OF THE 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 receiving
goods, m~res, or merchandise as a pledge or pawn in security for the
payment of ss~ne, or who purchases articles of personal property and re-
sells or agrees to re-sell such articles to the venders or their assigns
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 b~ ~ny person, firm or corporation who carries o~~, ~con-
ducts, maintain~ or engages in the business of buying~or selling ,or
exchznging or 'otherwise dealing in or acquiring any article or thing.
that has been sold ~nd used before. Provided, however, that any person,
firm or corporation dealing in, buying, selling or exchanging se86nd-
hand household furniture or household goods only, sha~l 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, conducts,
maintains or engages in the business of buying, selling, or otherwise
dealing in or acquiring old bottles, scraps, pieces of metal, rags,
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old rope, or ~ny old article not to be used in its former state or con-
dition.
(d).~ l~or the purpose of this ordinance a "junk collector" is
defined to be any person not having a fixed place of business in the
City of Bakersfield, who goes from house to house, or from place to
place gathering, collecting, buying, selling or otherwise dealing in or
acquiring any old bottles, scraps, pieces of metal, rags, old rope, or
any old article not to be used in its former state or condition.
ZECTION 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 des~ler, junk dealer, or junk collector, within the City of
Bakersfield, without having first obtained a permit from the Council of
the City of Bs~kersfield to so carry on, conduct, maintain or engage in
such business.
SECTION 3- Any person, firm or corporation desiring to obtain such per-
mit to carry on, conduct, maintain or engage in any business mentioned
in Section 1, of this ordinance, shall file an application in writing
there for in the office of the Clerk of the Council of said City of
Bakersfield, on a blank to be provided by ss~id Clark.
SECTION $. No permit shall be granted to any person, firm or corporation
within the provisions of this ordinance unless such applicant or ap-
plicants shall have such qualifications, ~nd hi s or their application
conforms to the requirements, terms and conditions of this ordinance,
as provided herein.
SECTION 5. No permit shall be granted to any person, firm or corporation
within the provisions of this ordinance unless said applicant or appli-
cants are of good moral character, shall h~ve complied with all laws of
the State of California, and all ordinances of the City of Bakersfield,
and are citizens of the United States and have been bona fide res-
idents of said City of Bakersfield for a period of not less than
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one year prier to the time or applying for said permit. No permit
shall be granted to any corporation unless every stock holder thereof
be citizens of the United States and bona fide residents of said City
of Bakersfield, provided however, that the Council may, in its discre-
tion, issue a permit to any corporation buying and selling junk at ~'
wholesale.
~ECTION 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 eaid City, giving
their residences, places of business and occupation~.
SECTION 7. Said application shall be referred to the Chief of
Police, who shall make an investigation of the character of the ap-
plicant and verify the statements made in said application, and at the
next regular meeting of said Council, report thereon to said Council.
After receiving such report, the said Council shall grant or deny the
applicant permission to carry on, conduct, maintain or engage in said
business.
SECTION ~. (a). Whenever it shall appear to said Council that said
person, firm or corporation to whom such pe~it has been granted is
carrying on, conducting or 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 suck person, firm or cor-
poration whose permit has been so revoked, to continue to carry on,
conduct, maintain or engage in such business within the City of Bakers-
field until such time as such permit shall be renewed.
SECTION ~i~. (a). Every person, firm or corporation who carries on, con-
ducts, maintains or engages in the business of pawn broker, secondhand
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dealer or junk dealer, under the provisions of this ordinance, shall
keep a record, in triplicate, in a book to be provided by th~ Police
Department of the City of Bakersfield, in which shall be entered in
in a clear and legible manner,
the English language/the name or names and description, as provided
in such book, of all persons from whom any article or thing whatsoever
is purchased, traded or otherwise acquired, the date of such purchase,
trade or acquisition, the name and description of each such article
or thing so purchased, traded or acquired.
(b). A record must also be kept in triplicate, written or
printed entirely in the English language, in a clear and legible
manner, showing the name or names and description, as provided in such
book, of all persons to v~om shall be sold, traded or "stherwise dis-
posed of any article o5 thing, the name and description of each such
article or thing so sold, traded or disposed of, and the date of such
sale, trade or disposition.
(c). The original of said record must be signed by such
pawn broker, s. econdhand dealer or junk dealer, and also by the person
from whom or to whom such purchase, trade, sale,, exchange or transaction
is made, and shall be delivered daily to the Chief of Police of the
City of Bakers~field. One copy thereof shall be delivered to the person
or persons frcm whom such article or thing is purchased, traded or
otherwise acquired, or to whom such article or thing is sold, traded or
otherwise disposed of, and one copy shall be retained by said pawn
broker, secondJ~and dealer of junk dealer, making the aforesaid sale,
trade, exchange or transaction.
(d). Such book shall be and remain the property of the
City of Bakers, field, but shall be retained by said pawn broker, second-
hand dealer or junk dealer, filed and securely kept for inspection at
all times by the Chief of Police or any of his subordinates or deputies.
SECTION ~). The Chief of Police shall file, in some secure place in his
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offi6e, 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 upon an order of a court of
competent jurisdiction made for that purpose.
~ECTION .l~ All articles or things bought or traded for, on in any
manner acquired by any such pawn broker, secondhand dealer, or junk
dealer shall be exposed to view in the store or other place kept by
said pawn broker, secondhand dealer, or junk dealer, and no such
article or thing so purchased, traded, or otherwise acquired by the
persons specified in this ordinance shall be sold, exchanged, or
otherwise disposed of within fourteen (14) days after the date of pur-
chase.
SECTION ~112. It shall be unlawful for any pawn broker ,~ secondhand dealer,
or junk dealer to purchase, trade for or receive on any pretext what-
soever, any article or thing from any minor under the age of eighteen
(18) years.
SECTION ~.l~'3. It slhall be unlawful for any 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 l~ (a). It shall be unlawful for any pawn broker, secondhand
dealer or junk dealer to buy, sell or exchanEe within the City of
Bakersfield, any secondhand furniture, bedding, carpets, clothing,
books, or other secondhand goods, v~res or merchandise brought from
without the City of Bakersfield, or permit same to be brought into and
delivered in the said City of Bakersfield for use, sale or exchange
until same shall have first been inspected by the Health Officer of said
City, and the s~me shall, if so ordered by said Health Officer, be
thoroughly disinfected by the owner or consignee thereof before it is
delivered, sold or exchanged, or offered for sale or exchange.
SECTION 1o~. It~ shall be unlawful for any person, firm or corporation en-
gaged in, conducting, managing or carrying on the business of pawn-
broker, seconchhand dealer, junk dealer or junk collector, or for any
agent or employe of any such person, firm or corporation, to accept
any pledge of or to loan any money upon personal property, or to
purchase or receive any goods, vv~res, or merchandise or any article or
thing, or in ~ny manner whatsoever to engage in or conduct any such
business between the hour of twel.ve o'clock midnight on Saturday and
the hour of seven o'clock in ~the forenoon of the following ~fonday, or
~ between the hour of six o'clock in the afternoon of any day, other than
Saturday or Sunday, and the hour of seven o'clock in the foremoon of
the following day.
SECTION l~~. If ~,~ny section, sub-section, sentence, clause of phras~e of this
ordinance is for any reason held to be unconstitutional or invalid,
such decision shall not affect the remaining portions of this ordi-
nance. The City Council hereby declares that it would have passed this
ordinance and each section and sub-section thereof irrespective of the
fact that any one or more of the sections, sub-sections, sentences,
clauses or phrases be declared unconstitutional or~ invalid.
SECTION l?. Eve~.'y breach of this ordinance or any of its terms, provisions
or requirements, in whole or in part, shall seperately or for each day
of its continuance be deemed to be, and shall be a separate breach
thereof.
SECTION l~. Any 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 T~hree Hundred Dollars ($S00.00), or by imprisonment in the
County Jail for a term ~t exceeding ninety (90) days, or by both such
fine and imprisonment.
SECTION 19. The permit provided for in this ordinance, shall when issued,
be issued for a quarter of a year or the then remaining portion thereof
for quarters ending on the last day of ~arch, June, September, and Dec-
ember.
SECTION 72(1 No license shall be granted under Section 31 of Ordinance
327, as the same now is, or may hereafter be amended, to any person, firm
or corporation engaged in the business as provided in Section l, hereof,
unless a permit therefor shall have been obtained and the same is in
full force and ,~ffect.
~ECTION 21. Ordinance No. 176 entitled; "AN 0RDIi~ANCE REGULATING PAV;i~
BROKERS, JUNK AI.~D SECOND HAND ]]EALERS IN ~ERCHANDISE OR OTHER ARTICLES,
.AND PROVIDING ~)R PENALTY ~0R VIOLATION THEREOF", passed by the
of Trustees of the City of Bakersfield, ~Iarch 24, 1911, and all ordi-
nances and parts of ordinances in conflict herewith, be and the same
are hereby repe~led.
I hereby certify that the foregoing ordinance was passed by the
Council of th$ City of Bakersfield on the 25th day of June, 1917, by the
following vote:
NAYS: ~
~n Cleor~e ex-officio Clerk of the
cil City of Bakersfield.
APPROVED this 2~th day of June, 1917.
~ayor of the ~ty of Bakersfield.