Ordinance No. 681239
ORDINANCE NO. 681
AN ORDINANCE, OF THE CITY COUNCIL OF THE
CITY OF CYPRESS ADDING SECTIONS 15D -1
THROUGH 15D -12 TO THE CODE OF THE CITY
OF CYPRESS RELATING TO THE REGULATION OF
PAWNBROKERS AND SECONDHAND DEALERS AND
THE REQUIREMENT OF REPORTS THEREFROM
The City Council of the City of Cypress HEREBY DOES
ORDAIN as follows:
SECTION 1. Sections 15D -1 through 15D -12 are hereby
added to the Code of the City of Cypress to read as follows:
CHAPTER 15D
PAWNBROKERS AND SECONDHAND DEALERS
Section 15D -1 Definitions.
A. Any terms not specifically defined hereunder
shall have the meaning ascribed to them in Sections 15 -1 and
15 -55 if and to the extent that said meaning is not incon-
sistent with state law and shall have the meaning ascribed to
them by Chapter 9, Article 4 (commencing with Section 21625) of
the Business and Professions Code of the State of California.
B. As used herein, "secondhand dealer" means and
includes any person engaged in, or conducting the business of
buying selling, as owner or consignee or exchanging any second-
hand goods in any manner other than as a pawnbroker.
Section 15D -2. Reports of purchase or pledge of prop-
erty to police. Every pawnbroker and secondhand dealer shall,
at the time of purchase or pledge of any property, make out on
forms as prescribed by the Department of Justice of the State
of California for secondhand dealers and pawnbrokers, a full,
true and complete report of all tangible personal property and
any other goods and things received on deposit, pledged or pur-
chased by him. Such report shall show the hour of the day and
date when each such article is received, and the true name and
address as nearly as the same is known to, or can be ascertain-
ed by, such pawnbroker or secondhand dealer, as evidenced by an
operator's license, vehicle license, work badge number, etc.,
and the personal signature of the person or persons by whom
such article was left on deposit or pledged or sold, together
with a description of such person or persons as required by the
chief of police. In addition to the positive identification
mentioned above, the pawnbroker and secondhand dealer shall
require the seller, pledgemaker or consignee to furnish a plain
impression print of his right thumb, or next finger in the
event of amputation, upon the face of the original form and to
certify on such form that to the seller's, pledgemaker's or
consignee's knowledge and belief the information contained in
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the report is true and complete. Such report shall give also
the number of the pawn ticket, the amount loaned or the amount
of the purchase, as the case may be, and a complete and reason-
ably accurate description of each article left on deposit or
pledged or purchased. If any article so left on deposit or
pledged or purchased bears any number, word or initials, they
shall be indicated, and the report shall also snow the number
of settings and the number of each kind thereof. A complete
description of articles, including manufacturer's name, model
numbers, serial numbers, identification marks, inscriptions or
other peculiarities and color of the article shall be incluaed
in the report.
Every pawnbroker and secondhand dealer snail deliver
daily or on the first working day after receipt or purchase of
each such article the original and third copies of such reports
to the chief of police.
Section 15D -3. Reports of repledgea or hypothecated
articles. No person carrying on or conducting the business of
a pawnbroker or secondhand dealer shall repledge or hypothecate
any tangible personal property or other article that he has in
his possession, and received in the due course of his business,
for the purpose of borrowing money or otherwise, without making
a full and true report to the chief of police, as requirea by
Section 15D -1 of such articles so repledged and hypothecated,
the person to whom so pledged or hypothecated, and the amount
borrowed on same, together with the name of the original
pledgor.
Section 15D -4. Articles left on consignment. All
tangible personal property or other articles left on consign-
ment with a pawnbroker or secondhand dealer shall be reported
as such as prescribed in Section 15D-1.
Section 15D -5. Reports kept on file. All reports to
be filed with the chief of police as required in this chapter,
shall be kept on file by the chief of police in a secure place
in the police department. The reports shall be open to the
police department, or upon an order of a court of competent
jurisdiction made for that specific purpose.
Section 15D -6. Record to be kept. Every person en-
gaged in the business of a pawnbroker or secondhand dealer in
the city shall keep a complete copy of the reports required by
this chapter. Every such record, and all tangible personal
property and other goods and things pleaged to, or purchased
by, or received by any such pawnbroker or secondhand dealer,
shall be open at all times during business hours to the inspec-
tion of the chief of police or any police officer of the city.
Every such record shall be kept and maintained for a period of
three (3) years.
Section 15D -7. Record of cash sales. Every pawn-
broker or secondhand dealer shall keep an account of all casn
sales with date, to whom sold, address of purchaser, and a full
description of merchandise sold.
Section 15D -8. True name, age and address. No person
who sells or otherwise disposes of tangible personal property
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or other goods, wares or merchandise to a person conducting a
business listed in this chapter or to said permittee's employee
or agent shall fail or refuse to give his true name, correct
age, and correct address.
No persons shall use a fictitious name or address when
selling, pledging or leaving any property on deposit as pro-
vided in this chapter.
Section 15D -9. Property retention - Sale delay. No
pawnbroker or secondhand dealer shall sell or otherwise dispose
of any tangible personal property or other article, goods or
other thing within thirty (30) days after making the report
required by Section 15D -2. The chief of police may for good
cause, as specified by the Department of Justice of the State
of California, authorize prior disposition of any tangible per-
sonal property or other articles described in a specific re-
port; provided that a pawnbroker or secondhand dealer who dis-
poses of tangible personal property or other articles pursuant
to such authorization shall report the sale thereof to the
chief of police.
Section 15D -10. Hold -order by peace officer. A peace
officer may place a "hold- order" upon property, which he has
reason to believe is stolen, acquired by a secondnand dealer or
pawnbroker in the course of his business, for a period of nine-
ty (90) days, and upon release of such property, the dealer
will keep a record of the disposition of such property. It is
unlawful for any person to dispose of any property contrary to
any hold -order by a peace officer.
Section 15D -11. Prohibition against dealing with
minors. No pawnbroker or secondnand dealer shall purchase or
take as a pledge, or otherwise, any goods offered him from any
minor under the age of eighteen years. Any statement made to
such dealer, employee, or purchaser by a person under the age
of eighteen years to the effect that he is over eighteen years
of age, shall not excuse such dealer or employee from any vio-
lation of this section.
Section 15D -12. Auctions. It is unlawful for any
person operating, managing, or carrying on the business of a
pawnbroker to permit, allow or conduct an auction sale on his
premises, except under the following conditions:
(1) NOTICE TO POLICE DEPARTMENT. The pawnbroker
shall give ten (10) days' notice, in writing, to the police
department, prior to commencing such auction sale. Such notice
to contain location of sale, name of auctioneer, date of sale,
hours to be conducted and a complete list of all property to be
sold at such sale with detailed identifying description of the
property, including the original loan number.
(2) UNREDEEMED PLEDGES. The only property that may
be sold at an auction sale at such location shall be the unre-
deemed pledges in the original condition in which such property
was received by the pawnbroker and as listed in the notice.
Each such unredeemed pledge shall have attached to it a tag
describing it, the original loan number, and the number of the
item on the list in the notice. Property not listed in the
notice shall not be sold at such auction sale.
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(3) TWO DAY LIMIT. The total time during which a
pawnbroker may conduct auction sales shall not exceed two (2)
days in any calendar month.
SECTION 2. Severability. If any section, subsection,
subdivision, sentence, clause, phrase or portion of this ordi-
nance, or the application thereof to any person or place, is
for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this
ordinance or its application to other persons or places. The
City Council hereby declares that it would have adopted this
ordinance, and each section, subsection, subdivision, sentence,
clause, phrase or portion thereof, irrespective of the fact tht
any one or more sections, subsections, subdivisions, sentences,
clauses, phrases, or portions, or the application thereof to
any person or place, be declared invalid or unconstitutional.
SECTION 3. The City Clerk is hereby ordered and di-
rected to certify to the passage of this ordinance and to give
notice thereof by causing copies of this ordinance to be posted
in three public places throughout the City.
FIRST READ at a regular meeting of the City Council of
said City held on the 26th day of May 1981, and finally adopted
and ordered posted at an adjourned regular meeting of said Council
held on the 15th day of June 1981.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK 0E-THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO
HEREBY CERTIFY that the foregoing Ordinance was duly adopted at
an adjourned regular meeting of the said City Council held on
the 15th day of June 1981; by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Coronado, Lacayo, and Rowan
NOES: b COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Mullen
/.7
CITY CLERK OF THE CITY OF CYPRESS