HomeMy WebLinkAbout677BUTTE COUNTY gRDINANCE NOo 677
;AN ORDINANCE AMENDING ORDINANCE NOa 4~i7 OF THE COUNTY QF BUTTE
KATOWN AS "COUNTY CODE", SAII'3 AMENDMENTS RELATING TO .THE LICENSING
OF JUNK DEALERS, JUNK .COLLEC~'ORS, SECOND'-LAND DEALERS, PAWNBROKERS
AND PEDDLERS, AND GENERAL .PROVISIONS RELATING TO COUNTY LICENSESo
WHEREAS, Ordinance Noe 572, adopted and gassed on the 4th day of
`February, 1957, and entitled, "Ordinance Amending Ordinance Noa 467 of
the County of Butte Relating to Jun3c Dealers, Pawnbrokers, and Second-
. Hand Dealers",.amended Article Three of Chapter Val,. of said Ordinance
No o,4Fs7, by changing those sections of said Article-Three numbered 71 to
90(a); inclusive, but not amending, repealing or affecting those sections
of said Article Three, being Sections 90(b} to 90(i}, inclusive, re-
~-lacing to auctioneers,. and
WHEREAS, Ordinance Noo 578,. adopted and passed on the 11th day of
• .Marche 1957, also amended said Ordinance Noo 4~7e relating..to Junk
Dealers, Pawnbrokers and Secoaad-Hand Dealerso and
WHEREAS, it .is the purpose of this Ordinance to amend Article Three
of Chapter VII of said Ordinance Noo 4~a7, which relates to Junk Dealers,
Pawnbrokers and Secoa2d-Hand Dealers, but excepting those sections of said
-.Article Three numbered 90(b) to 90(i},.and to enact a new Article Five
to said Chapter VII of said Ordi:naaace Noo 4570
NOW® THEREFOREe THE BOARD QF SUPERVISORS OF THE.COUNTY.OF BUTTE,
...STATE OF CALTFORl~IA, DO ORDAaN AS .FOLLOWS:
le That Article Three of Chapter VII of Butte County Ordinance
No, .467, excepting Sections 90 (b) to 90(i), is here~ay amended, and-that
the present sections of said Ordinance numbered from 71 .to 86, inclusive,
are hereby repealed ax:d new sections of said Ordinance are 'hereby en-
acted and shall be numbered, and .read as follows
ARTICLE THREE
AN .ORDINANCE .AMENDING .ARTICLE THREE OF CHAPTER VII.OF ORDINANCE NQ•a 467
~QF THE COUNTY OF BUTTE: RELATING TO JUNK DEALERS, JUNK.COLLECTORS, SECOND-
HAND DEALERS PAWNBROKERS AND PEDDLERS
SECTION 71: DEFINITIONS,
(a) "Junk .dealer", as used hereiaa, shall mean any person or firm
with a fixed place of business, in the unincorporated area of the County
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of Butte, who carries on, conducts,;mai.ntains or engages in the business
of buying, selling, or otherwise dealing in junk as hereinafter .defined,
(b) "Junk collector", as used herein, shall mean any person or
firm not having a fixed place of business in the County of Butte who
does from house to house,. or place to place, in the unincorporated area
of the County of 3utte, gathering up, receiving, collecting, buying, or
selling junk, as hereinafter defined,
(c) "Second-hand dealer",. as used herein, is defined to be a per-
son or firm with a fixed place of .business in the unincorporated area of
the County of Butte, who conducts, .manages or .carries on .the business of
buying, selling, or otherwise dealing in miscellaneous secondhand-.goods,
wares or merchandise which have .been previously used or sold to a
consumer, including antiques.
(d) _"Pawnbroker", as_used herein, shall mean a person or firm
engaged in conducting, managing or carrying on-the business of pawn-
broking, or the business of lending-.money for himself or any other perr
son or firm upon personal property, or pledgesa or .the business of pur-
chasing articles of personal proper~.y and reselling the same, or
agreeing to resell 'che same, to the vendors or .their assignees at prices
agreed upon at or .before .the time of such purchase i.n.the-unincorporated
area of the County of Butte.
(e) "Pawnshop", as .used herein, is defined to be any room, store,
building or other place, in which any such ;business is .engaged in,
carried on or conducted, ixa the unincorporated area of the County of Butte.
(f) "Junk" is defined as, any old iron, wire,.copper, tin, lead,
rags, paper, bags, lumber, empty bottles, bones, parts of bicycles,
tricycles, baby carriages, automobiles, and other vehicles dismant~.ed
in whole or in part, and kept for sale or as junk, and all other simi-
lar personal .property orda,narily defined and classified as "junk".
(g) A "Peddler" is defined as a person with no regular place of
business, who sells, or offers to sell, wares or merchandise not
produced or grown by such person, while traveling from place to place,
or from a temporary stand,
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SECTION 72: .LICENSE REQUIRED.
It shall be unlawful for any person to engage in the .business of
junk dealer, junk collector, second-hand dealer, pawnbroker or peddler
in the .unincorporated area of-the County of Butte without first hava,ng
obtained a license to engage 9.n such activity .as provided herein.
SECTION 73: LICENSE FEES.
(a) Junk dealer
$ 25.00-per quarter
(b) Junk collector
(c) Second-hand dealer
10°00 per quarter for each
vehicle used
25.00 per year
(d) Pawnbroker 30.00 per quarter
(e) Peddlers 5.00 per month
SECTION 74: APPLICP,TION. FOR .LICENSES .
Original applications for licenses under this Ordinance shall be
submitted on a form prescribed by and .filed with the License Collector.
Each application shall 3oe accompanied by a $2,50 application fee which
shall be deposited in the County General Fund and shall not be subject
to refund, ~Phe application shall contain the .name of the applicant,
his interest in the business, his business address, his residence
address, and shall be signed by ache applicant.The original appli-
cation shall be .referred immediately to the Sheriff and a copy thereof
to •~he Planning Commission. The Sheriff shall photograpYa and finger-
print the applicant and make ari investigation concerning the character
of the applicant; he shall report within fifteen (15) days his
findings, to the License Collector, together with a recommendation as
'co whether or not the applicant should be .granted a license.'
The Planning Commission, upon receiving a copy of the application,
shall .ascertain at once whether the location stated on the application
is zoned so that-the business proposed may, by permit,.be conducted
there. If so, the Planning Commission shall contac-c the applicant
and give full_instruc•tions regarding compliance with the Butte County
Zoning Ordinance, and if a Use Permit be required, application therefor
small be made by applicant, and the .regular and usual fee paid by
applicant, which said fee shall be deposited .in the General-Fund of
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County and shall .not be subject-to .refund. The Planning Commission
shall make a report of its findings to the License Collector,. together
with a recommendation as to whether or not the applicant should be
granted a license, within thirty (30~ days after receipt of the
application.
SECTION 75: ISSUANCE .OF LICENSE.
The License Collector shall,.upon receiving the approval of.-the
Sheriff and Planning Commission, issue the license applied for-upon
payment of the license fee.
SECTION 76: LICENSE PERIOD.
All .licenses issued .hereunder shall be effective as of~the.date
of issuance, and no license shall be-issued to expire .more than one
year from date of issuance.
SECTION 77: DISPLAY-OF LICENSE.
Every junk .dealer,. second-hand dealer and pawnbroker shall .display
the license issued .by the License Collector. in a.eonspicuous place on
his business premises, and every junk collector and peddler shall..have
his license in his possession at all ,times while engaging in his
business as a junk collector or peddler.
SECTION 78; RECORDS RE UIRED TO BE KEPT.
Every junk dealer, secondhand d Baler and pawnbroker shall. keep
in his place of business„ and every junk collector shall .keep in his
possession while engaged in his business as a junk collector, a bound
book provided by the Sheriff in which he shall keep a written record
in the English language of all purchases or other receipt-and sale or
other disposition of junk and second-hand goods made in the course of
his business. Entry of each transaction shall be made at-the ..time of
the transaction. This record shall be exhibited upon demand, .to any
peace officer.
SECTION 79: CONTENTS OF.RECORD.
The record required shall contain a description. of the property
purchased, or otherwise received, and sold, or otherwise .disposed of,
the date of each such transaction,.fhe price paid, the name,. address,
occupation and license.number of any vehicle used by the person with
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whom the transaction is made, a description of said person and his
signature, Failure to keep such records s~hall.be a misdemeanoro
SECTIOAT $0: REPORT TO SHERIFFo
Any person required to be licensed shall .submit in person or
'ny-mail a written report, daily, to .ache Sheriff,.which report-shall
contain a description of all property purchased or otherwise received
in his business prior to the time of said report and subsequent to
the last prior report submitted, the date of receipt, price paid,,the
name, address and occupation of the person from whom such property was
received and where such property will be located-during the ten days
following the making of such reports Failure to make said reports
shall be a misdemeanors
SECTION Sl:,,,.RECEIVING A~TD EXPOSING PROPERTY AN,D FENCING_PREMISES,
It shall be unlawful for any person, firm or corporation, main-
taining or operating a junk .yard, second-hand store, or pawnshop, or
junk collecting business,. to receive or purchase any property, article
or thing, from any person who shall appear to be, or who is known to
be, intoxicated ar from-any minor-under the age of twenty-one years;
provided, however, that this prohibition shall not apply where the
minor dealing with such person, firm or corporation, presents .the
written consent of his parent or guardian, duly signed, authorizing
the particular transaction had with such person, firm or corporation;
and provided further, that such written consent shall be retained .by
said person, firm or corporation, as long as the property procured
ichrough said transaction-remains in the possession of such person, firm
or corporation, and provided that said written consent shall be ex-
hibited, upon demand, to any peace officer requiring the sameo Every
junk dealer, second--hand dealer and pawnbroker shall hold and keep
exposed to public view during business hours any junk or second-hand
.goods,. in any manner received, until the expiration of ten days,.after
the submission of the .report requiredo
dunk, as herein defined, shall not be stored in the open unless
the premises upon which it is stored, is enclosed by a fence „ of a
type and height recommended by the Planning Commission „ and included
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in their instructions to applicant, as provided in Section 74 hereof.;
and as finally de'cermined by the Board of Supervisors.
SECTION 82: TIME FOtR GA'1HERIi~TG.
It sha11 be .unlawful for any person required to be licensed-under
this Ordinance to gather, collect or otherwise receive junk or second-
hand goods on Sunday at any time or on any other day between-the hours
of 6:00 P. M. and 6:OO A. M.
SECTION $3: REi7OCATION OF LICENSES.
The Board of Supervisors may suspend for a limited, period of-time
or revoke any license issued pursuant to this Ordinance upon finding
that-the licensed person has violated any provision of this Ordinance.
SECTION $4: RENEWALS.
Upon the expiration of any license issued pursuant to .this Ordi-
nance, the holdEr thereof shall,.upon the payment of the required
license fee to the Tax and License Collector, be entitled to a new
license for the ensuing period without making a new application there-
for, provided the required license fee is paid prior to the expiration
of said license.
SECTION 85: EXEMPTI.ON OF CHARI'PABLE ARGANIZATION.
The provisions .of this Ordinance shall not apply."to any charitable
organization incidentally engaged in-the business of junk :collector,
junk dealer, second-hand dealer, or peddler.
SECTION 86: LICENSES NOT.TRANSFERAHLE.
each license issued hereunder shall be issued ~o a.specific
person or persons, or .firm, and shall in no event be .transferable .from
one person or firm to another.
SECTION 87: LICENSES IN EFFECT AT .TIME OF AnOPTION-OF THIS.ORDINANCEe
_.'5,11 licenses issued pursuant to Ordinance 467 as. amended shall
remain in full force and effect for the period of time for which they
were issued; however, any person holding a license issued pursuant to
said Ordinance q67 as .amended, shall be bound by the provisions of
this Ordinance, except that he shall not be .required to make anew
application or pay any license fee hereunder until payment of a
license fee would have become due and payable under Ordinance 467 as
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amended, at which time he shall make a new application unless he com-
plies with Section $5, (Renewals) herein.
2. That there is hereby added to G'hapter VII of said Ordinance
No. 567,-ARTICLE FIVE thereto, which shall read as follows:
ARTICLE FIVE
GENERAL PROVISIONS PERTAINING TO THE. ISSUANCE
OF ALL .LICENSES
SECTION 92 l: WHEN LICENSE TO BE PROCURED° NUMBER;: EXEMPTION.
A license must be procured immediately before .the continuance or
the commencement of any.business,.exhibition,.or occupation,:or the
doing of any-act liable to license fee as herein provided, from the
Tax. Collector of this county, which license shall authorize the party
obtaining. the same to transact .the business described in such license
for the period named therein in his particular locality in the county.
A separate license must be obtained for each branch establishment or
separate house or place of business located in this .county, provided
that nothing herein shall be construed to prevent the Board of Super-
visors from granting any license herein enumerated without charging or
collecting a fee therefor. The licensing provisions of this division
shall not apply to any business or activity herein referred to,:the
entire net proceeds of which inure to the benefit of any charity or
other wholly.non-profit group. or organization.
SECTION 92.2: -WHEN .FEES .PAYABLE; PRORATING.
All sums of money for licenses provided for in this division are
due and payable in advance at the office of the County Tax Collector,
and all .licenses herein provided for may be issued for any period not
exceeding one year and-not less than the period .for which a license
fee is fixed. Each license issued shall state .the .name of .the person
to whom and the kind of business and .the location for which .the same
is issued, the date of issuance, the license period .for which issued,
and the amount received therefor, and refer.to this division and be
signed by the Tax Collector. Each license shall .expire at-the .time
fixed in said license issued by the Tax Collector.
The periods of all monthly licenses shall .begin on the first-day
of each calendar month,. and .the :periods of all. quarterly licenses shall
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begin on the first days of January,.April,.July,.and October, and where
a new license is issued after the beginning of any quarter a pro .rata
deduction shall be made in the amount of the fee therefor for-each
whole calendar .month that .has expired since the beginning of such
quarter up to the time when the licensed business was_commenced<
SECTION 92.3: FORMS TO BE PREPARED,
The County Auditor must prepare and have printed in proper form
blank licenses in triplicate to be used for all Butte County licenses,
triplicate copy to be returned to the Auditor, showing to whom,,for
what business, at what place, and the date and time for which such
license is issued and the amount-received therefor.
SECTION 92.4: DUTY .OF AUDITOR.
.The Auditor must number and sign all licenses from time to .time,
and deliver them to the Tax Collector of the County in-such quantities
as may be .required by him, taking a receipt therefor from the Tax Col-
lector, and charging such Tax Collector with--the same, making an entry
of the .numbers thereof.
The Auditor must keep the necessary and proper books, listing
therein all licenses delivered to the Tax Collector, and issued or
returned by hizn.
SECTION 92.5: DUTY .OF TAx COLF~ECTOR,
It shall be -the duty of the Tax Collector to collect all .license
fees,, and to perform such other duties as are prescribed in Articles
Three and Four of Chapter VII ,hereof.
I,t shall toe the duty of the Tax Collector to .cause suit tv.be
brought in the name of the County of Butte as plaintiff for the re-
covery of any License fee.hErein imposed against any person required
by this Chapter to first procure a license before engaging in any
business, as herein defined, who carries on or attempts to .carry on
such business without such license.
SECTION 92.6: REPORT .AND DEPOSIT OF FEES.
On .the first business day of each-month the Tax Collector shall
.make a report to the Auditor of all .license .money collected by. him,
for the preceding'manth.
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The Auditor shall .check up said report with the unused license blanks
file in the office of said Tax Collector. The Tax Collector must.de-
posit the money so collected with the County Treasurer, and take
duplicate receipts therefor, one of which he shall .file with the
Auditor. The Auditor must thereupon credit the Collector and .charge
the Treasurer therewith.
SECTION 92.7: REVOCATION.
Every license granted under this division or any section`~thereof,
is granted and accepted by all parties receiving such license with_the
express understanding that-the Board of Supervisors may revoke the same,
or the order .for the issuance thereof, at any time when it appears_to
the Board of Supervisors that any state of facts exists upon which. it
would be authorized to deny an application for such license, or .that
the person to whom such license was issued or any of his agents, ser-
vants, or employees or any other person in charge of or employed about
the business for which such license was issued, has violated or .been
convicted of violating.. any of the .conditions of the license or terms of
this code, or of any law of the state, now or hereafter .in force, regu-
lacing the occupation or business for which such license is issued, or
that the license was obtained by fraudulent representations, or that
the holder of the license is an unfit person to be trusted with the
privileges granted by said license, or has conducted his business in an
immoral or disorderly manner; provided, however, that no license shall
be revoked without giving the holder thereof an opportunity to appear
before the Board of Supervisors in his own behalf. On the .revocation
of the~license.no part of the money in the hands of the Tax Collector
shall be returned, but such license .fee shall be forfeited to .the
County. Notice of such revocation shall be given to the Tax Collector
by the Clerk of the Board.
When a license of any person is revoked for any cause, .no .new. or
other license .for the same business, occupation or exhibition shall be
granted to the same person within six .months from.the.date of such
revocation.
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Every person having a license under the provisions of this division
and carrying on a business, exhibition, or occupation at affixed place
of business, shall keep such license posted and exhibited, while in
force, in some conspicuous part of said place of business. Every
person .having such a license, and not having a fixed place of business
shall carry such license with ..him at all. times while carrying on the
business, exhibition or occupation for which. the same was granted.
Every person, firm or corporation having a license .under-the provisions
of this division, shall produce and exhibit-the .same when applying.for
a renewal thereof, and whenever requested to do sa by any peace officer
or officers authorised to issue, inspect or collect licenses.
SECTION 92.9: PRINCIPAL, .TO INCLUDE AGENT.
When the terms used in this division designate the principal .the
same shall be construed to .mean and include the clerks, agents, ser-
wants, representatives and employees of such-principal, it-being. the
intention hereby to license .the business .and .not separate or .individual
acts, except as .'herein otherwise provided.
SECTION 92.10: EFFECT OF REFUSAL .OR .RE~IOCATION.
No person who has been once refused a license or has failed .to
prosecute his application..therefor by reason of a protest being filed
shall be granted a license for the same business, occupation or
exhibition upon a second application made within six months after the
first application; and no person shall be granted a license upon-any
application after having been twice refused by reason of such protest.
Any applicant-for a license may be examined under oath and any com-
petent-evidence may be adduced as to who is the real party in-interest;
and if the Board of Supervisors is satisfied that the application is
not in the interest of the party in whose name the application is
made, it may refuse to grant .the license, and if found to be in the
interest of one who has already been refused a license, it may treat
the application as if made by the real .party in interest, and .the
application shall ,have the same effect against any future application
as i,f it had been .made in the .name of the real .party a.n interest.
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sECTZaN 92.11:- v=or.,~Tlorrs.
Violations of any of the provisions of Articles Three, Four and
Five of this Chapter VII shall constitute a misdemeanor.
Phis Ordinance shall .take effect thirty (30) days .after-its
passage,. and before the expiration of_fifteen (15) days after its
passage it shall be published at least once with.. the names of the
Supervisors voting for -and against it, in the Chico-F~texprise Recoxd
,
a newspaper published in the County of Butte, State of California.
The foregoing.. ordinance was duly. adopted and passed by.the
Board of Supervisors of the County of Butte,. State of California,: on
the 5th day of Jn1~ ,.1960, by.the fallowing vote:
,AYES: 6upervisors G3:les, Iiuggins, Mcnernan and Chai_r~nan Px~de
NOES: None
ABSENT: Supervisor Alldredge
C airman of t Boar of Superviso of
the County of utte, S to of California
ATTEST:
HARRIETT JAMES,
Butte County Clerk and ex-officio
Clerk of the Board of Supervisors
be ty Clerk T
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