5.46.010 - Definitions.

For the purposes of this chapter, certain words and phrases are defined, and certain provisions shall be construed as herein set out, unless it shall be apparent from their context that a different meaning is intended:

"Automobile wrecking establishment" means and includes any establishment, building or other place where the business is carried on of wrecking old or used automobiles or other motor vehicles, and adding or employing the accessories and parts thereof in equipping, repairing, or rebuilding motor vehicles, or storing, selling, or otherwise disposing of, such accessories or parts.

"Exchange dealer" means and includes every person who engages in or conducts the business of accepting secondhand articles in full or partial payment for any other article or articles carried as stock in trade by such person, and shall include the acceptance of any article in full or partial payment for any rebuilt or remanufactured article of similar or different nature. This definition shall not apply to dealers whose principal or primary business is retailing or wholesaling new merchandise.

"Pawnbroker" means and includes every person, firm or corporation, other than banks, trust companies or bond brokers who may otherwise be regulated by law and authorized to deal in commercial papers, shares of stock, bonds and other certificates of value, who keeps a loan or pawn office or engages in or carries on the business of receiving jewelry, precious stones, valuables, firearms, clothing, or personal property, or any other article or articles in pledge for loans or as security, or in pawn for the repayment of moneys, and exacts an interest for such loans.

"Scrap collector" means and includes any person who goes from place to place for the purpose of engaging in or carrying on the business of collecting, buying or selling, either at wholesale or retail, any old rags, bottles, sacks, cans, papers, metals, or any other worn out or discarded material. All such materials are hereinafter referred to as "scrap."

"Scrap dealer" means and includes any person having a fixed place of business and who is engaged in carrying on the business of buying or selling, either at wholesale or retail, any old rags, bottles, sacks, cans, papers, metals, or any other worn out or discarded material. All such materials are hereinafter referred to as "scrap."

"Secondhand automobile or aircraft parts dealer" means and includes any person operating, maintaining or carrying on the business of buying and selling or exchanging secondhand, used, government surplus, salvaged, reclaimed, or renewed automobile, or aircraft parts or accessories.

"Secondhand dealer" means and includes every person who engages in, or conducts the business of buying, selling or exchanging, whether as a separate business or in connection with other businesses, secondhand or rebuilt typewriters, adding and calculating machines, secondhand bicycles, bicycle accessories, motorcycles, motorcycle accessories, scales, clothing, tools, harnesses, surgical, dental or drawing instruments, firearms, pianos or other musical instruments, furniture, household furnishings, books, used and reclaimed army goods, merchandise, or any other secondhand article or articles or things, excepting, however, secondhand jewelry dealers, secondhand automobile or aircraft parts dealers, scrap collectors and secondhand automobile or aircraft parts dealers, scrap collectors and scrap dealers as herein defined, nor shall it pertain to automobile wrecking establishments as herein defined; and provided, further, that nothing in this chapter shall be understood to include as secondhand dealers persons who engage in the business of selling no other secondhand goods or articles than those used and reclaimed, rebuilt or remanufactured, articles or goods which are purchased by such dealer direct from bona fide wholesale dealers, jobbers or manufacturers, or from distributing agents of the United States Army or Navy.

"Secondhand jewelry dealer" means and includes every person who engages in or conducts the business of buying, selling or exchanging old gold, old silver, platinum or articles of platinum, silverware, secondhand jewelry or other precious metals or stones.

(Prior code §§ 5-9.01, 5-9.01(a)—5-9.01(f), 5-9.01(i), 5-9.01(j))

5.46.020 - Pawnbrokers—Permits.

It is unlawful for any person to engage in, or carry on, or conduct, or to permit to be carried on, engaged in or conducted, within the city, the business of any pawnbroker, whether as a separate business or in connection with any other business, or to advertise the same by means of signs or notices on buildings or windows, or by distribution of printed circulars or by public display, or otherwise in any manner whatsoever, unless there exists a valid permit therefor, granted and existing in compliance with the provisions of Chapter 5.02. Both the application for such a permit and the issued permit shall set forth the exact nature of the business to be carried on. In addition, the application shall set forth the requirements specified in Section 5.02.020, and such application shall be accompanied by the signatures of three resident freeholders, certifying to the good moral character and reputation of the person or persons making such application. At the time of filing such application, the applicant and all persons to be directly or indirectly interested in the permit if granted, including all members of any firm or partnership, shall be fingerprinted at the request of the Police Department, and if any such person has been convicted of a felony or any crime involving theft, obtaining money or property by false pretenses, receiving stolen property, extortion, embezzlement, or has violated any provision of this chapter or any other law regulating pawnbrokers, the application for such permit may be denied. Normally, approximately thirty (30) days are required to process the application subsequent to the taking of fingerprints. The investigating official referred to in Section 5.02.030, to whom the application shall be referred, shall be the Chief of Police. In addition to the grounds set forth in Section 5.02.080, any permit may be revoked upon the recommendation of the Chief of Police establishing the fact that such permittee has, or has had, in his or her possession any stolen article without there having been made a record of such article as hereinafter in this chapter provided.

(Prior code § 5-9.02)

5.46.030 - Secondhand jewelry dealers, secondhand dealers, exchange dealers—Permits.

It is unlawful for any person to engage in, or carry on or conduct, or to permit to be carried on, engaged in or conducted, within the city, the business of any secondhand jewelry dealer, secondhand dealer, or exchange dealer, whether as a separate business or in connection with any other business, or to advertise the same by means of signs or notices on buildings or windows, or by distribution of printed circulars, or by public display, or otherwise in any manner whatsoever, unless there exists a valid permit therefor, granted and existing in compliance with the provisions of Chapter 5.02. Both the application for such a permit and the issued permit shall set forth the exact nature of the business to be carried on. In addition, the application shall set forth the requirements specified in Section 5.02.020, and such application shall be accompanied by the signatures of three resident freeholders, certifying to the good moral character and reputation of the person or persons making such application. At the time of filing such application, the applicant and all persons to be directly or indirectly interested in the permit if granted, including all members of any firm or partnership, shall be fingerprinted at the request of the Police Department, and if any such person has been convicted of a felony or any crime involving theft, obtaining money or property by false pretenses, receiving stolen property, extortion, embezzlement, or has violated any provision of this chapter or any other law regulating secondhand dealers, secondhand jewelry dealers, and exchange dealers, the application for such permit may be denied. Normally, approximately thirty (30) days are required to process the application subsequent to the taking of fingerprints. The investigating official referred to in Section 5.02.030, to whom the application shall be referred, shall be the Chief of Police. In addition to the grounds set forth in Section 5.02.080, any permit may be revoked upon the recommendation of the Chief of Police establishing the fact that such permittee has, or has had in his or her possession any stolen article without there having been made a record of such article as hereinafter in this chapter provided.

(Prior code § 5-9.021)

5.46.040 - No permit to minor.

No permit shall be issued for any business enumerated in Section 5.46.020 or 5.46.030 if the applicant therefor is under eighteen (18) years of age, nor if the applicant is a firm, partnership or corporation, if any member of such firm or partnership is under eighteen (18) years of age.

(Prior code § 5-9.022)

5.46.050 - Record of transactions.

Every person managing, maintaining or conducting the business of any pawnbroker, secondhand jewelry dealer, secondhand dealer or exchange dealer, in the city shall keep, or cause to be kept, at the store or place of business, a well-bound book containing a record in which shall be legibly entered in the English language, in ink, at the time of every purchase, sale, exchange, pledge, pawn, or other transfer of possession of any article, or loan thereon, a description of such article received or delivered in such transaction sufficient to identify the same including serial number and all particular or prominent marks of identification that may be found on such property, the signature, address, age, sex and description of the person receiving, delivering or transferring the property or who is otherwise dealt with, the amount of money paid or received in such transaction, and the rate of interest, if any, and the date and hour of the transaction.

(Prior code § 5-9.03)

5.46.060 - Inspections and reports.

The record of transactions required by the provisions contained within Section 5.46.050 shall be open for inspection by the Police Department at any time during business hours, and the Police Department shall also have the right to thoroughly inspect the premises, store or place where the business so recorded is being conducted at any time in search of any lost or stolen property, or to compare the entries kept in such records with the articles located on such premises or place of business. All persons in charge of such business, and the agents and employees thereof, shall render to the Police Department such assistance as may be reasonably necessary to enable it in such inspection or search. The person in charge of such business shall provide the Chief of Police, or his or her designated representative, each day excepting holidays, a copy of said record of transactions.

Any alteration of any copies of transaction as set out in Section 5.46.050 shall be unlawful.

It is unlawful for any pawnbroker, secondhand dealer, jewelry dealer, or exchange dealer in the city to make any purchase, exchange, pledge, pawn or other transfer of possession of any article unless the same is recorded as set out in Section 5.46.050.

(Prior code § 5-9.04)

5.46.070 - Identification of customers in certain establishments.

It is unlawful for any person in the city to pledge, pawn, sell, exchange or otherwise transfer property to a pawnbroker, secondhand dealer under any fictitious or assumed name or address or under any name other than his or her true name and address.

(Prior code § 5-9.041)

5.46.080 - Suspension or revocation of permit for violation of Section 5.46.070.

In addition to the grounds set forth elsewhere in this title, the City Manager, upon the written recommendation therefor by the Chief of Police, may, under the provisions of Chapter 5.02, suspend or revoke a pawnbroker's, secondhand jewelry dealer's, secondhand dealer's or exchange dealer's permit upon conviction of said permittee of violating the provisions of Section 5.46.070.

(Prior code § 5-9.042)

5.46.090 - Merchandise to be held.

All articles purchased, received, exchanged, pledged, pawned, or otherwise taken into possession by any person maintaining or operating the business of pawnbroker, secondhand jewelry dealer, secondhand dealer or exchange dealer, or the agent thereof, the retention of which is not otherwise provided for by law, shall, except as hereinafter otherwise provided, be held for a period of thirty (30) days before being placed on exhibition, sold, exchanged, removed from the place of business where it was received, or delivered to any person, or otherwise disposed of, provided, however, that any such article may be delivered or returned at any time to the true owner thereof or his or her authorized agent; provided, further, any furniture, household furnishings, files, desks, chairs, safes, or other office equipment need not be held for more than five days pursuant to the provisions of this section.

(Prior code § 5-9.05)

5.46.100 - Hold-order.

The Police Department may place a hold-order upon property acquired by a pawnbroker, secondhand jewelry dealer, secondhand dealer or exchange dealer in the course of his or her business for a period of ninety (90) days and, upon release of such property, may require the dealer to keep a record of the disposition of such property. It is unlawful for any such dealer to dispose of any property contrary to any hold-order issued by a member of the Police Department.

(Prior code § 5-9.051)

5.46.110 - Purchase from minors and servants.

It is unlawful for any person maintaining or conducting the business of any pawnbroker, or secondhand jewelry dealer, or exchange dealer, or any agent or employee thereof, to purchase or take goods or articles or things offered to him or her by any minor, or knowingly purchase or take such goods, articles or things from any servant or apprentice without first ascertaining that such article or thing is the property of the person delivering the same, or that such servant or apprentice has the authority from the owner to deliver or sell such property. The word "minor" shall mean any person described in Section 6500 of the Family Code who is not an emancipated minor as provided for in Section 7002 of the Family Code.

(Ord. 11931 § 1, 1996: prior code § 5-9.06)

5.46.120 - Declaration of legal status.

It is unlawful for any person maintaining or conducting the business of pawnbroker, secondhand jewelry dealer or exchange dealer or any agent or employee thereof to purchase or take any goods or articles or things offered to him or her by any person under the age of eighteen (18) years who claims legal status as an emancipated minor pursuant to Family Code Section 7002, unless such person shall have executed and delivered to said pawnbroker, secondhand dealer, exchange dealer or any agent or employee thereof a certificate substantially as follows:

Declaration of Legal Status

I hereby declare under penalty of perjury that the following is true and correct: (1) I have entered into a valid marriage, whether or not the marriage has been dissolved; (2) I am on active duty with the armed forces of the United States; or (3) I have received a declaration of emancipation pursuant to Family Code Section 7122.

Executed at Oakland, California

Dated:____________

Signed:____________

(Ord. 11931 § 2, 1996: prior code § 5-9.061)

5.46.130 - Hours.

It is unlawful for any person conducting or maintaining the business of pawnbroker, secondhand dealer, secondhand jewelry dealer, or exchange dealer, or any agent or employee thereof, to keep or cause to be kept, such place of business open on the first day of January, the thirtieth day of May, the fourth day of July, the twenty-fifth day of December, of each year, or on any other day except between the hours of seven a.m. and seven p.m.; provided, however, that on Saturdays and days preceding the aforesaid holidays, such business may be kept open until eleven p.m.

Any person engaged in conducting any business other than those hereinabove mentioned on the same premises as such business, or in conjunction with the same, shall notwithstanding close the place of such other business at the same time and in the same manner as herein provided. No person shall be engaged in any occupation at such place of business or businesses, or remain therein, during any such time such place of business or businesses is by this section required to be closed.

(Prior code § 5-9.07)

5.46.140 - Secondhand automobile dealers, secondhand automobile parts dealers, and automobile wreckers and wrecking establishments—Records and reports.

Every person operating, maintaining or carrying on, the business of a secondhand automobile dealer, secondhand automobile parts dealer, or an automobile wrecking establishment shall keep, or cause to be kept, a record of the purchase, sale, exchange or storage of any automobile, or part thereof or accessory thereto, which record shall at all times be open to the inspection of the Chief of Police, or any officer detailed by him or her, and such person shall, as often as the Chief of Police shall direct, make out and deliver to him or her, on a blank form to be furnished by the Chief of Police, a full and complete report of the purpose, sale, exchange, storage or other transaction of such property. The said report shall contain the name of the person from whom purchased, the make, state license number, motor number, body number, style and seating capacity of all secondhand automobiles purchased, sold, exchanged or placed in storage; the make, size and number of secondhand automobile tires; and the make and number of every secondhand automobile part or accessory so purchased, sold, exchanged or otherwise dealt with, together with such other information concerning said property as may be necessary to prove ownership or identity of such second-hand automobiles or automobile parts and accessories. A violation of any provision of this section shall be a misdemeanor, and it shall further be unlawful for any such person engaged in any such business to dispose of any secondhand automobile or part thereof or accessory thereto, until a report has been made concerning the purchase, sale or exchange of said property to the Chief of Police and he or she, or an officer detailed by him or her, shall have had an opportunity of inspecting the same.

Provided, the foregoing provisions of this section are not intended to require the keeping of records and the making of reports of parts of any vehicle acquired for the purpose of wrecking or dismantling the acquisition of which must be reported to the Department of Motor Vehicles and to the local Police Department under the provisions of Section 11520 of the Vehicle Code of the state of California.

Provided further, every automobile wrecker licensed as such who obtains actual possession of a vehicle subject to registration pursuant to the California Vehicle Code for the purpose of wrecking or dismantling the same, shall within twenty-four (24) hours after the acquisition of such vehicle notify the Chief of Police of such acquisition. Said notice shall be a copy of the form prescribed for such purpose by the Division of Registration of the Department of Motor Vehicles of the state of California, and shall contain information required by said Department and as authorized by Section 11520 of the Vehicle Code of the state of California.

(Prior code § 5-9.09)

5.46.150 - Storage of secondhand building material—Permit.

It is unlawful for any person to establish or maintain, or to cause or be established or maintained, any yard, place or premises for the storage of secondhand building material unless there exists a valid permit therefor, granted and existing in compliance with the provisions of Chapter 5.02. The investigating official referred to in Section 5.02.030, to whom the application shall be referred, shall be the Fire Marshal.

(Prior code § 5-9.11)

5.46.160 - Storage of secondhand building material—Regulation.

It is unlawful for any person to establish or maintain, or cause to be established or maintained, any yard, place or premises for the storage of secondhand building material unless the same be continuously equipped with one one and one-half inch hose reel and one two and one-half gallon fire extinguisher, both in working condition, for each eight thousand (8,000) square feet of area of such premises or fraction thereof. All building material in such yards and premises shall be placed in piles, with aisles at least three feet in width between such piles.

(Prior code § 5-9.12)

5.46.170 - Scrap dealers and scrap collectors—Permits.

It is unlawful for any person to engage in or carry on or conduct, or to permit to be carried on, engaged in, or conducted, within the city, the business of a scrap collector or a scrap dealer as defined in Section 5.46.010 unless there exists a valid permit therefor, granting and existing in compliance with the provisions of Chapter 5.02. The investigating official referred to in Section 5.02.030, to whom the application shall be referred, shall be the Chief of Police. This section shall not apply to the collecting, buying, or selling of aluminum cans for the sole purpose of recycling.

(Prior code § 5-9.13)

5.46.180 - Scrap dealer's and scrap collector's application.

No permit shall be granted to a scrap dealer or to a scrap collector, as provided in Section 5.46.170, unless the application for a permit is accompanied by the signatures and addresses of three resident freeholders certifying to the good moral character and reputation of the person making such application. At the time of filing such application, the applicant and all persons to be directly or indirectly interested in the business if the permit is granted, shall be fingerprinted at the request of the Oakland Police Department, and if any such person has been convicted of a felony or any crime involving theft, obtaining money or property by false pretenses, receiving stolen property, extortion, embezzlement, or has violated any provision of this chapter, or any law regulating scrap or secondhand personal property, the application for such permit may be denied. Normally, approximately thirty (30) days are required to process the application subsequent to the taking of fingerprints.

(Prior code § 5-9.131)

5.46.190 - Scrap dealers and scrap collectors—Records.

Every person engaged in, carrying on, or conducting, the business of scrap dealer or scrap collector referred to in Section 5.46.170 shall keep, or cause to be kept, at such place of business a substantial well-bound book, and shall promptly enter therein an exact description of all personal property purchased by him or her, the date of purchase, the name and residence or place of business of the person from whom purchased, and all particular and prominent marks of identification that may be found on such property; said book shall be kept neat and clean, and all notes made therein shall be neatly and legibly written in ink and in the English language, and such book shall at all times during the ordinary hours of business, be open to the inspection of the Chief of Police or any officer designated by the Chief of Police.

(Prior code § 5-9.14)

5.46.200 - Scrap dealer's records.

In addition to the records required in Section 5.46.190, a scrap dealer shall require, and it shall be the duty of the person selling any article to such dealer to sign his or her true name in the book required to be kept by the above-mentioned section, opposite the description of the property sold by such person to such dealer. If the person selling such personal property is a licensed scrap collector in the city, such person shall, and it shall be the duty of such dealer to require such person to, affix after his or her signature the number of his or her scrap collector's permit. The person selling any personal property to a scrap dealer shall affix after his or her signature, as herein required, the number of the current license plates issued by the Department of Motor Vehicles of the state of California for the vehicle operated by such person, in which the property sold was transported, and it shall be the duty of the scrap dealer to verify the truthfulness of the number entered.

(Prior code § 5-9.141)

5.46.210 - Scrap dealers and scrap collectors—Regulations.

It is unlawful for any scrap dealer to dispose of any scrap until at least five days have elapsed since he or she took possession of same; or to receive any personal property by way of a pledge or pawn, or to engage in the business of a pawnbroker on the same premises wherein the business of such scrap dealer is located; or for any scrap collector or scrap dealer to purchase, collect or acquire any property, or to keep, or cause to be kept, such place of business open on any Sunday or on the first day of January, the thirtieth day of May, the fourth day of July, or the twenty-fifth day of December, or upon any day appointed by the President of the United States or by the Governor of this state for a public fast, thanksgiving or holiday, or at any time except between the hours of eight-thirty a.m. and six p.m.

It is unlawful to store or keep any bones, or refuse food stuff, or any scrap intermingled with food materials or particles thereof, which may attract rats, mice or like rodents or serve as food for them, or to permit such materials to accumulate on the premises of any scrap dealer or scrap collector, or in any scrap yard, junk yard or junk shop whatsoever, except such bones or other materials may be stored in a covered bin of metal, concrete, tile or other solid or impervious substance so constructed as to be entirely ratproof.

(Prior code § 5-9.15)

5.46.220 - Pawnbroker's receipt books.

Every person managing, maintaining or conducting the business of a pawnbroker in the city shall keep or cause to be kept, at the store or place of business, receipt books as hereinafter described. Such books shall be kept in addition to the record of transactions required by Section 5.46.050, and shall consist of duplicate sheets of white paper not less than four by seven inches in size and bearing consecutive numbers. One of each of said duplicate pages shall be so perforated as to enable its removal. One of the aforesaid books shall be kept for the recording of, and the receipting for, sales, and there shall be printed at the top of the perforated sheet, in colored type, not less than three-eighths of an inch in height, the following words: "This is a sale and not a pledge." One of the aforesaid books shall be kept for the recording of, and the receipting for, pledges, and there shall be printed at the top of the perforated sheet, in colored type, not less than three-eighths of an inch in height, the following words: "This is a pledge and not a sale."

(Prior code § 5-9.27)

5.46.230 - Pawnbrokers' customer receipts.

It is unlawful for pawnbrokers to make any purchase, exchange, pledge, pawn or other transfer of possession of any article, unless the same is recorded in one of the record and receipt books required by the provisions of Section 5.46.220, setting forth the name and address of the pawnbroker, a description in the English language of the article involved in such transaction, the date of the sale, the name of the customer with whom such transaction is made, the rate of interest charged, if any, the term of redemption, if any, and the same shall be signed by the pawnbroker or his or her agent making such transaction. The perforated sheet, which shall be the original duplicate, shall, after being filled out as herein provided, be delivered to the person with whom the transaction is made. The duplicate thereof shall be kept by the pawnbroker for a period of at least two years next following the date of the transaction, and shall, during such time, be available at all times during business hours for inspection by the Oakland Police Department. Any alteration of such duplicate sheet shall constitute a misdemeanor.

(Prior code § 5-9.28)