SEC. 6-091. DEFINITIONS:
1. PAWNBROKER. The term "Pawnbroker" shall include every person who keeps a place of business where personal property is received on which money is advanced with the right or privilege granted to the person to whom the money is advanced to reclaim such property upon the repayment of said money so advanced, together with all legal charges incident thereto. The term shall include every person, firm or corporation other than banks, savings and loan institutions, and similar organization otherwise regulated by law who engages in, or carries on the business of receiving jewelry, watches, 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 interest for such loans.
2. SECOND-HAND JEWELRY DEALER. The term "Second-hand Jewelry Dealer" shall include every person who engages in, or conducts the business of buying, selling or exchanging the following used or old articles: gold, silver, platinum, or articles of platinum, silverware, second-hand jewelry, watches or other precious metals or stones. The term "Second-hand Jewelry Dealer" shall include every person engaged in said business, whether as a separate business, or in connection with other businesses.
3. SECOND-HAND DEALER. The term "Second-hand Dealer" shall include 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, second-hand or rebuilt typewriters, adding and calculating machines, second-hand bicycles, bicycle accessories, scales, clothing, tools, harnesses, surgical, dental or drawing instruments, firearms, table model or auto radios, musical instruments other than pianos, household appliances other than stoves, refrigerators and washing machines, or any similar second-hand article or articles or things, excepting, however, second-hand jewelry dealers, second-hand automobile dealers and junk dealers, nor shall it pertain to automobile wrecking establishments or book sales.
(Amended by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-092. LICENSE TO ENGAGE IN PAWNBROKERS OR SECOND-HAND DEALER BUSINESS:
If any person shall engage in, conduct, manage or carry on at the same time more than one of the businesses defined in Section 6-091, such person shall be deemed to be engaged in, conducting, and carrying on each such business separately and apart from the other such business; and such person shall comply in all respects with the provisions set forth herein applicable to each of said businesses and no person shall fail, neglect or refuse so to do.
(Amended by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-092.1. APPLICATION FOR LICENSE — CONTENTS:
Before any license or licenses to engage in any of the businesses herein defined is granted, the applicant shall file with the Chief of Police a written application, signed by the applicant under oath, setting forth the following:
(a) The exact nature of the business or businesses to be carried on;
(b) The name of the applicant, together with all persons to be directly or indirectly interested in the conducting of said business or businesses should a license or licenses be granted, including all members of any firm or partnership;
(c) The location of the proposed business or businesses for which the license or licenses is sought;
(d) Whether or not any permit or license heretofore granted to the applicant or any members of the proposed firm or partnership has been revoked or suspended, and if so, the circumstances of such revocation or suspension;
(e) Such further information bearing on the moral character and financial responsibility of the applicant as the Chief of Police may require as reasonably bearing on the qualifications of an applicant to engage in the businesses herein named.
(Amended by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-092.2. APPROVAL OF CHIEF OF POLICE:
In addition to the foregoing information, the applicant who conducts a pawnshop or whose principal business is buying and selling second-hand articles at the time of filing his application for a license or licenses shall be fingerprinted by, and his record filed in the Stockton Police Department. Upon receipt of the said application, the Chief of Police shall cause an investigation to be made of the qualifications and moral character of the applicant, and if the investigation satisfies the Chief of Police that the applicant has not been convicted of a felony, a misdemeanor involving moral turpitude, or a violation of any narcotics law, and is financially responsible, the Chief of Police shall issue to the applicant the license or licenses for which an application has been made.
(Amended by Ordinance 015-07C.S. – Effective June 26, 2007) (Amended by Ordinance 036-89-C.S. — Effective July 6, 1989)
SEC. 6-092.3. EXEMPTIONS:
In the event that the applicant or applicants are members of a religious, charitable, public service club, or non-profit organization conducting a periodic sale of goods, wares or merchandise as set forth in Subdivision 3 of Section 6-091 hereof, the applicant or applicants shall comply with the provisions of Subdivision 3 of Section 6-091; provided, however, that the said applicant or applicants shall not be required to furnish all the names of all the members of the said organization, but shall be required to furnish the names of the principal officers of the said organization, but shall not be required to furnish fingerprints of the applicant as required in Sections 6-092.1 and 6-092.2.
(Amended by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-093. RECORD OF TRANSACTIONS:
Every person managing, maintaining or conducting the business of pawnbroker, second-hand jewelry dealer, or second-hand dealer, as defined herein, in the City of Stockton, 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 all particular or prominent marks of identification that may be found on such property, the signature, age, sex, residence and accurate description of the vendor or person from whom received, the amount of money paid or received in such transaction, the rate of interest, if any, and the date and hour of the transaction.
(Amended by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-093.1. ARTICLES TO BE IDENTIFIED BY TAGS:
It shall be the duty of each pawnbroker, second-hand jewelry dealer or second-hand dealer to attach to each article so received a tag, or other device, containing sufficient information so that the article described and recorded in the bound book may be readily identified.
(Amended by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-094. RECORD OF TRANSACTIONS TO CHIEF OF POLICE:
In addition to the keeping of a permanent bound record as herein provided every person engaged in any of the aforesaid businesses shall likewise be required, at the time of taking or receiving any article in the business for which he is so licensed, to place the description of the article or thing pledged, received, or taken, on the face of a form prescribed by the State Bureau of Criminal Identification and Investigation and shall within twenty-four (24) hours (excluding Sundays and holidays) in the case of pawnbrokers and second-hand jewelry dealers and forty-eight (48) hours (excluding Sundays and holidays) in the case of second-hand dealers, after buying, purchasing or otherwise receiving such goods, wares and merchandise, including radios for use in or upon automobiles, make out and deliver to the Chief of Police, or his authorized agent, a written report of such purchase and receipt on the face of a form prescribed by the State Bureau of Criminal Identification and Investigation
(Amended by Ordinance 015-07C.S. – Effective June 26, 2007) (Amended by Ordinance No. 1636-C.S. — Effective March 7, 1968)
SEC. 6-094.1. EXEMPTIONS:
The requirements of keeping a record as set forth and defined in Section 6-093 and 6-094 hereof, and the provisions of Section 6-096 as hereinafter set forth, shall not be applicable to any person, organization, firm, business or corporation who purchases, receives, sells or exchanges books and other essential school supplies when the said person, organization, firm, business or corporation is located upon the campus or grounds of any public or private school, college or university.
(Amended by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-095. INSPECTION OF RECORDS AND GOODS:
It shall be unlawful for any pawnbroker or second-hand dealer, or for any agent or employee of such pawnbroker or second-hand dealer, to fail, refuse or neglect to file a report, as required herein, in the manner, form, at the time and in all respects in accordance with the requirements set forth herein, or, to fail, refuse or neglect to exhibit to the Chief of Police, or to any member of the Police Department of the City of Stockton, or to any officer authorized by law, immediately upon demand, any such record or report, or any goods, wares and merchandise, including radios for use in or upon automobiles, so purchased or received by such pawnbroker or second-hand dealer, or by any agent or employee of such pawnbroker or second-hand dealer.
(Amended by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-096. GOODS TO BE HELD FOR THIRTY (30) DAYS:
All articles purchased, received or exchanged, pledged, or otherwise taken into possession, by any person maintaining or operating any of the herein enumerated businesses, shall 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 authorized agent, provided, however, that any person whose principal business is not the buying and selling or receiving pledges of used or second-hand articles, who keeps a record of his vendees and articles sold, need not hold any typewriters, adding or calculating machines, musical instruments or other office equipment for more than five (5) days pursuant to the provisions of this Section, and provided further, that the provisions of this Section shall not be applicable to the sale of articles of household furniture or appliances.
(Amended by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-097. INAPPLICABLE PROVISIONS:
The requirements of Sections 6-093, 6-094 and 6-096 hereof shall not be applicable to any person whose principal business is not the buying and selling or receiving pledges of used or second-hand articles, when such person receives office equipment, scales or musical instruments from any governmental subdivision or manufacturing business or professional concern known to the second-hand dealer which concern has used said article or articles in its business.
(Amended by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-098. DEALING WITH INTOXICATED PERSONS:
It shall be unlawful for any person licensed hereunder, or his manager, agent or employee, to take or receive any goods, articles or things from any person who is in an intoxicated state or condition, or from any person who is a suspected or known thief, or associate of thieves, or a suspected or known receiver of stolen property, or from any persons he may reasonably suspect to be contained in any of the foregoing categories.
(Amended by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-099. HOURS AND HOLIDAYS:
No person engaged in, conducting, managing or carrying on any business defined in Section 6-091 hereof shall accept any pledge of, or loan money upon personal property, or purchase or receive any goods, wares, merchandise or any article or thing, between 9:00 p.m. and 8:00 a.m. of any day from Monday to Friday, inclusive; between 9:00 p.m. Saturday and 8:00 a.m. of the following Monday, on any of the following holidays, or, the day that is officially observed as the said holiday, to-wit: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day.
(Amended by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-100. REVOCATION OF LICENSE:
In the event that an applicant shall violate, or cause, or permit to be violated, any of the provisions set forth herein, or shall conduct or carry on the business in an unlawful manner or shall cause or permit such business to be so conducted or carried on, it shall be the duty of the Chief of Police, and the Chief of Police shall, in addition to the other penalties provided herein revoke the license or licenses issued for conducting or carrying on such business or businesses. If the license or licenses to conduct or carry on any business specified herein shall be revoked, no license or licenses shall be granted such person to conduct or carry on any business specified herein within six (6) months of the date of such revocation.
(Amended by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-101. TIME LIMIT TO OBTAIN LICENSE:
Any person who, at the time of the passage of Ordinance No. 2189, is engaged in, or conducts, any business or businesses as herein defined, and who is required by the provisions set forth herein to secure a license or licenses for the conduct of the said business or businesses shall have until August 15, 1949, to prepare and submit to the Chief of Police the necessary applications for the issuance of the required license or licenses, and to comply with the requirements hereof.
(Amended by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-102. PENALTY:
It shall be unlawful for any person to engage in, conduct, manage, or carry on the business of pawnbroker or second-hand dealer as defined herein without having a valid, existing and unrevoked license therefor.
(Amended by Ordinance 015-07C.S. – Effective June 26, 2007)
Subdivision 2.2
JUNK DEALERS
SEC. 6-102.1 DEFINITIONS:
(a) Except as otherwise specified in this section, the terms used in this subdivision shall have the same meaning as those terms are defined in the California Business and Professions Code, Chapter 9, Article 3, section 21600, et seq., or as those sections may subsequently be amended.
(b) "Buy book" means a written record of junk dealer transactions, containing forms that shall be completed with the following information, in accordance with California Business and Professions Code section 21606:
(1) The place and date of each sale or purchase of junk.
(2) The name, valid driver's license number and state of issue or valid California-issued identification card number of the person buying or selling junk, and vehicle license number, including the state of issue of any motor vehicle used in transporting the junk to the junk dealer's place of business.
(3) The name and address of each person to whom junk is sold or disposed of, and the license number of any motor vehicle used in transporting the junk from the junk dealer's place of business.
(4) A description of the item or items of junk purchased or sold, including the item type and quantity, model number and/or model name, and identification number, if visible.
(5) A statement indicating either that the seller of the junk is the owner of it, or the name of the person he or she obtained it from, as shown on a signed transfer document.
This subsection shall incorporate any subsequent amendments to California Business and Professions Code section 21606.
(c) “Chief of Police” means the Chief of Police of the City of Stockton and his or her designee.
(d) “Hazardous materials” means those materials, as defined in California Health and Safety Code section 25260, or as that section may subsequently be amended.
(Added by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-102.2. SCOPE OF SUBDIVISION:
This subdivision shall not apply to those persons or transactions set forth in California Business and Professions Code sections 21603 and 21604, or as those sections may subsequently be amended.
(Added by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-102.3. LICENSE TO OPERATE REQUIRED:
(a) It shall be unlawful for any person to engage in, conduct, or operate the business of junk dealer in the City of Stockton without first securing a license to do so from the Chief of Police.
(b) A recycler, processor, recycling center, or noncertified recycler, as those terms are defined in Chapter 2 (commending with Section 14502) of Division 12.1 of the California Public Resources Code shall not be subject to the requirements of this subdivision, but shall be regulated by provisions of Chapter 9, Article 3 (commencing with Section 21600) of the California Business and Professions Code.
(Added by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-102.4 APPLICATION FOR JUNK DEALER LICENSE:
The applicant for a license to engage in, conduct, or operate the business of junk dealer shall file an application on a form provided by the Chief of Police and shall pay a filing fee, which shall not be refundable.
(Added by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-102.5 CONTENTS OF APPLICATION:
The application for a license to engage in, conduct or operate a business of junk dealer shall set forth the name and address of each applicant, the proposed place of business and the facilities to be used, including whether the junk dealer will engage in welding, use of a propane tank, or cutting torches operated by compressed gasses, and such other information as the Chief of Police deems necessary to investigate the applicant and the applicant's proposed place of business.
(Added by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-102.6 CORPORATE APPLICANTS:
If the applicant for a license is a corporation, the application shall set forth the name of the corporation exactly as set forth in the Articles of Incorporation, together with the names and addresses of each officer, director and shareholder owning more than ten (10) percent of the stock of such corporation.
(Added by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-102.7 PARTNERSHIP APPLICANTS:
If the applicant to engage in, conduct, or operate the business of junk dealer is a partnership, the application shall set forth the names and addresses of each partner, including limited partners. If one or more of the partners is a corporation, the provisions for corporate applicants shall apply to such corporate partners.
(Added by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-102.8 VERIFICATION OF APPLICATION:
Every application for a license shall be verified in accordance with the provisions of the California Code of Civil Procedures governing the verification of pleadings.
(Added by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC.6-102.9. REFERRAL OF APPLICATIONS TO OTHER DEPARTMENTS:
Within five (5) City business days from receiving an application to engage in, conduct or operate the business of junk dealer, the Chief of Police shall refer the application to the Building Department, Fire Department, and the Planning Department for inspection of the premises proposed to be operated as a junk yard by the applicant. Each department shall make written recommendations to the Chief of Police, no later than thirty (30) calendar days after receiving the referral.
(Added by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-102.10. DETERMINATION BY CHIEF OF POLICE:
(a) The Chief of Police is authorized to issue a junk dealer’s license upon making findings consistent with the general policy of this subdivision. Such findings shall include, at a minimum, the following:
(1) That the premises to be used by the applicant as a junk yard conform to all applicable laws, including, but not limited to, the Building, Housing, Health and Safety, Fire, and Development Codes of the City of Stockton;
(2) That the applicant has appropriate permits for welding, use of propane tanks, or cutting torches operated by compressed gasses if the license holder will use such items in the business;
(3) That the applicant has not been convicted of a crime involving the possession or theft of property, fraud, hazardous materials or the environment, or crimes related to the operation of a junk dealer; provided, however, the Chief of Police shall not take into account a conviction that occurred at least five years prior to the date of the application and, as of the date of the application, at least five years have elapsed since the applicant was released from any disability resulting from the conviction and the applicant has no subsequent convictions for a felony or misdemeanor offense involving the possession or theft of property, fraud, hazardous materials or the environment, or crimes related to the operation of a junk dealer;
(4) That the proposed location of the business is a suitable place to carry on the business of junk dealer. In making this finding, the Chief of Police may take into consideration the effect of the issuance of the license on the surrounding inhabitants and businesses;
(5) That the applicant has not had any license or permit to engage in a business or profession within the State of California revoked because of a violation of law or because of violation of regulations promulgated by the regulating agency having control or jurisdiction over the license or permit. However, the Chief of Police shall not consider any such revocation if it occurred at least five years prior to the date of the application; and
(6) That the applicant has not had civil penalties imposed by a court or other government agency related to the operation of a junk dealer business or relating to hazardous materials or the environment within the past five years prior to the date of application.
(b) Within thirty (30) calendar days of receiving all of the recommendations from the departments, the Chief of Police shall, in writing, grant, conditionally grant, or deny the application. If the Chief denies the application, he or she shall include the reasons for the denial in the written determination. Failure of the Chief to act within the specified time shall not entitle the applicant to issuance of the license.
(Added by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-102.11. APPEAL FROM DENIAL OF LICENSE:
The action of the Chief of Police in denying a junk dealer license may be appealed to the City Manager. The Notice of Appeal shall be in writing, and shall state the grounds for the appeal, admitting and denying those determinations of the Chief of Police included in the Notice of Denial. The Notice of Appeal shall be filed with the City Manager within ten (10) City business days after the denial of the license application. Upon failure to file such notice within the ten (10) day period, the action of the Chief of Police in denying the license shall be final and conclusive.
If the Notice of Appeal is timely filed, accompanied by payment of an appeal fee in an amount as may be established from time to time by resolution of the City Council, the City Manager shall schedule the matter for hearing. The City Manager may, in his or her sole discretion, hear the appeal, designate a member of City staff to hear the appeal, or submit the appeal to an administrative hearing officer. Except as otherwise provided in this subdivision, the hearing shall be conducted in accordance with the provisions of Chapter 1, Part VII, Division 7, of this Code.
(Added by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-102.12. NAME AND PLACE OF BUSINESS–CHANGE OF LOCATION:
No person granted a license pursuant to the provisions of this subdivision shall operate under another name or in any location not specified on the license.
(Added by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-102.13. TRANSFER OF LICENSE:
No license issued pursuant to the provisions of this subdivision shall be transferred to any other person or to any other location without the written consent of the Chief of Police; provided, however, that upon the death or incapacity of the licensee, the junk yard may continue for a reasonable period of time to allow for an orderly transfer of the license.
(Added by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-102.14. ANNUAL RENEWAL:
The holder of a valid junk dealer license issued pursuant to the provisions of this subdivision shall be entitled to have the license renewed annually in accordance with the following procedures:
(a) An application for renewal of any such license, verified in accordance with 6-102.8 of this subdivision, shall be filed with the Chief of Police no later than thirty (30) calendar days before the anniversary date of the license for which renewal is sought;
(b) The licensee shall include the following with the renewal application:
(1) Documentation of all notices of violation related to the operation of the business during the past year issued by any governmental entity, including the City of Stockton, to the business, property owner, license holder, or employees;
(2) Documentation specifying corrective actions taken to address previous notices of violation or other conditions placed on the business;
(3) Documentation of criminal citations related to the operation of the business issued to the business, property owner, license holder or employees, including citations for failing to comply with state or local law applicable to junk dealers, or for receiving stolen property;
(4) Updated information, if any, regarding the license holder or owner of the business, including change of address, change of ownership, or change of partnership or corporate status; and
(5) If applicable, documentation proving that the license holder has valid permits for the use of welding equipment, propane tanks, or cutting torches operated by compressed gasses on the premises or as part of its business.
(c) If based on the information specified in subsection (b), above, the licensee is in compliance with the requirements of this subdivision, and if there have been no material changes in the operation of the junk dealer business that have not been previously approved by the City, the license shall be deemed renewed for another one (1) year period and the Chief of Police shall issue such renewal.
(Added by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-102.15. OPERATIONS OF JUNK DEALER:
(a) Holding Period. Each junk dealer shall maintain on the business premises in the same condition as purchased for a period of five (5) City business days all junk purchased by the licensed business, including “ferrous and nonferrous scrap metals and alloys,” as defined in California Business and Professions Code section 21600, or as that section may subsequently be amended. The holding period shall not apply to aluminum cans. The holding period may be extended for a period not to exceed fourteen (14) calendar days at the request of a peace officer, but no further extensions may be imposed without a court order.
(b) Inspection. Each junk dealer shall consent, during normal business hours, to periodic inspection of the premises and operations of the junk dealer at the junk yard, including articles stored on the premises. Such inspection may be conducted by any peace officer or other authorized person, pursuant to California Business and Profession Code section 21606.5, or as that section may subsequently be amended.
(c) Buy Book. Each junk dealer shall maintain a buy book in the following manner:
(1) Fill out the form completely for every transaction;
(2) Require the seller to present a valid form of identification at the time of each transaction and record the information from that piece of identification at the time of the transaction, in accordance with California Business and Professions Code sections 21650 and 21652, or as those sections may subsequently be amended;
(3) Consecutively number each transaction in the buy book and consecutively number each buy book;
(4) Include in each buy book all voided receipts;
(5) Preserve each buy book for a period of three years after making the final entry of any purchase or sale of junk; and
(6) Allow inspection by law enforcement agencies of the buy book, in accordance with California Business and Professions Code section 21606.5, or as that section may subsequently be amended.
(d) Identification of Metals by Tagging. Each item of ferrous and nonferrous scrap metals and alloys purchased by a junk dealer shall be identified by affixing to it a tag containing the transaction number specified in subsection (c)(3), above. The tag shall remain affixed to the item for the duration of the holding period specified in subsection (a), above. Aluminum cans shall be exempt from the tagging requirement.
(e) Posting of license. The junk dealer license shall be posted in a conspicuous place at the junk yard.
(f) Maintenance of Premises. Each junk dealer shall maintain the sidewalks, driveways and other areas adjacent to the premises clear of obstacles, trash and debris.
(g) Loitering Near Premises. Each junk dealer shall take reasonable steps to ensure that its customers do not loiter in the areas adjacent to or near the premises.
(Amended by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-102.16. HOLDING PERIOD EXEMPTION:
After investigation by a peace officer or other officer designated by the Chief of the Police, the officer may approve a retention period of less than five (5) City business days, by endorsing in writing on the junk dealer's copy of the buy book form an authorization to release specified items.
(Added by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-102.17. PROHIBITIONS ON PARTICULAR PURCHASES:
No person holding a junk dealer license shall purchase:
(a) Any item from a seller who does not present at the time of the transaction a valid driver's license or other valid government-issued identification.
(b) Automotive or mechanical parts that contain hazardous materials.
(c) Goods where the license holder or employee has or should have reason to believe that the goods may be stolen.
(Added by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-102.18. COMPUTATION OF TIME:
In computing the number of days for the retention of junk pursuant to the provisions of this subdivision, the day of purchase shall not be counted, nor shall Saturdays, Sundays or days declared to be holidays by Section 6700 or 6701 of the Government Code of the State of California be counted.
(Added by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-102.19. CAUSE FOR SUSPENSION OR REVOCATION OF LICENSE:
A license issued to a junk dealer may be suspended or revoked at any time by the Chief of Police after a hearing for cause. “Cause” includes, but is not limited to:
(a) Violation of any of the provisions of this subdivision, including violations by employees where the license holder knew or should have known of the violation.
(b) Refusal to permit any peace officer, or other authorized person, to inspect the premises, including the operations of the junk dealer and the junk stored on the premises, in accordance with section 6-102.15(b) and (c)(6).
(c) Violation of the Business and Professions Code of the State of California relating to the operations of a junk dealer.
(d) Violation of the Stockton Municipal Code, including but not limited to the Building, Housing, Health and Safety, Fire, and Development Codes.
(e) Failure to maintain buy books in the manner required by this subdivision, including failure to completely fill out the required form.
(f) Use of welding equipment, propane tanks, or cutting torches operated by compressed gasses without valid permits.
(Added by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-102.20. APPEAL OF SUSPENSION OR REVOCATION OF LICENSE:
(a) Notice of Suspension or Revocation. The Chief of Police may initiate suspension or revocation proceedings by sending written notice setting forth the cause for the suspension or revocation, in accordance with Section 6-102.19, above. The Notice shall be served by personal delivery or by certified mail, return receipt requested, to the licensee’s business address as approved in the license.
(b) Appeal of Suspension or Revocation. The action of the Chief of Police in suspending or revoking a junk dealer license shall be subject to an appeal. The Notice of Appeal shall be in writing, and shall state the grounds for the appeal, admitting and denying those determinations of the Chief of Police included in the Notice of Suspension or Revocation. The Notice of Appeal shall be filed with the City Manager within ten (10) City business days after the denial of the license application. Upon failure to file such notice within the ten (10) day period, the action of the Chief of Police in suspending or revoking the license shall be final and conclusive.
If the Notice of Appeal is timely filed, accompanied by payment of an appeal fee in an amount as may be established from time to time by resolution of the City Council, the City Manager shall schedule the matter for hearing with an administrative hearing officer. Except as otherwise provided in this subdivision, the hearing shall be conducted in accordance with the provisions of Chapter 1, Part VII, Division 7, of this Code.
(Added by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-102.21. IMMEDIATE SUSPENSION:
Notwithstanding any other provision of this subdivision, the Chief of Police shall have the authority to suspend a junk dealer license immediately if the Chief determines, based on reasonable cause, that the junk business poses an immediate threat to the safety of the public or the employees. The suspension shall be accomplished by sending written notice setting forth the grounds for the suspension. The Notice shall be served by personal delivery or by certified mail, return receipt requested, to the licensee's business address as approved in the license.
Within twenty-four (24) hours after sending the notice to the license holder, the Chief shall transmit a copy of the notice, together with the reasons for the suspension, to the City Manager. Within ten (10) calendar days of service of the notice to the license holder, the City Manager shall schedule the matter for hearing, in accordance with Section 6-102.20(b), above.
(Added by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-102.22. PENALTY:
(a) Violation of the provisions of this subdivision, with the exception of Section 6-102.19(e) and (f), shall be punishable as a misdemeanor by a fine not to exceed $1000 or by imprisonment in the County Jail not to exceed six months or by both such fine and imprisonment.
(b) Violation of Section 6-102.19(e) and (f) of this subdivision shall be punishable as follows:
(1) First Conviction. Any person violating Section 6-102.19(e) and (f) shall be guilty of an infraction. Upon conviction, the violator shall be punished by a fine of not to exceed $500 for each provision violated.
(2) Subsequent Convictions. In any accusatory pleading charging a violation of Section 6-102.19(e) or (f), if the defendant has been previously convicted of a violation of either of those sections, each previous violation and conviction may be charged in the accusatory pleading. Any person violating any provision of this section a second time shall be guilty of an infraction or a misdemeanor, at the discretion of the prosecutor. A violation which is an infraction is punishable by a fine of not less than $500 or more than $1000 for each provision violated. A violation that is a misdemeanor is punishable by a fine of not more than $1000, or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment.
(Added by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-102.23. LICENSE FEES:
Every person issued a license pursuant to the provisions of this subivision shall pay an annual license fee, payable in advance to the Finance Department.
(Added by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-102.24. BUSINESS LICENSE:
Nothing in this Division negates the requirement for a valid business license issued in accordance with Part 1 of this Chapter.
(Added by Ordinance 015-07C.S. – Effective June 26, 2007)
SEC. 6-102.25. SEVERABILITY:
In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.
(Added by Ordinance 015-07C.S. – Effective June 26, 2007)
Stockton, CA 
