Loading...
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, - I - 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 - 2 - 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 -3- 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 - 4 - 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.