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Every secondhand dealer and pawnbroker shall report all personal property which he has purchased, taken in trade, taken in pawn, accepted for sale on consignment or accepted for auctioning to the Chief of Police of the City of Anaheim, not later than twelve noon of the day following the acquisition of such property. (Ord. 2006 § 1 (part); June 16, 1964.)
* Secondhand bicycle dealers — Daily report required — See Section 5.04.090.
The provisions of this chapter, except for the provisions of Paragraph .020 of Section 4.64.060, shall not apply to any secondhand property which has been:
.010 Acquired in good faith in a transaction involving the stock in trade of another secondhand dealer who previously has made the report or reports required by this chapter of such property included in the transaction and who states in writing that the report or reports so required have been made, and provided the acquiring secondhand dealer submits a copy of such statement to the Chief of Police. Each of the secondhand dealers involved in the transaction shall retain a copy of the statement referred to in this section for a period of three years as a matter of record which shall be made available for inspection by any law enforcement officer;
.020 Acquired in a nonjudicial sale, transfer, assignment, assignment for the benefit of creditors, or consignment of the assets or stock in trade, in bulk, or a substantial part thereof, of an industrial or commercial enterprise for purposes of voluntary dissolution or liquidation of the seller's business, or for the purpose of disposing of an excessive quantity of personal property; or which has been acquired in a nonjudicial sale or transfer from an owner of his entire household of personal property, or a substantial part thereof; provided, the secondhand dealer retains in his place of business for a period of three years a copy of the bill of sale, receipt, inventory list or other transfer document as a matter of record which shall be made available for inspection by any law enforcement officer; and provided further, that the secondhand dealer notifies the Chief of Police that exemption from reporting is being claimed under this section. "Industrial or commercial enterprise" and "owner" as used in this section do not include a secondhand dealer;
.030 Acquired in a sale made by any public officer in his official capacity, trustee in bankruptcy, executor, administrator, receiver or public official acting under judicial process or authority, or which has been acquired in a sale made upon the execution of, or by virtue of, any process issued by a court, or under the provisions of the Warehouse Receipts Act;
.040 Acquired in good faith as part or complete payment for other personal property by a person, copartnership, firm or corporation whose principal business is primarily that of selling or trading personal property directly to the consumer; provided, however, that in such transaction no consideration other than stock in trade shall pass from the business enterprise to the person trading or exchanging the used item;
.050 Acquired as the surplus property of the United States government or of a State, City, County, City and County, municipal corporation or public district and which after requisition or acquisition by the United States government or by a State, City, County, City and County, municipal corporation or public district has never thereafter been sold at retail; and
.060 Reported by a secondhand dealer as an acquisition or a purchase, or which has been reported as destroyed or otherwise disposed of,
.0601 To a State agency by the authority of any other law of this State, or
.0602 To a City, County, or City and County officer or agency by the authority of any other law of this State or a City, County, or City and County ordinance;
.070 Acquired by gift and the donee, person, firm, partnership or corporation sells the property acquired by gift as a part of the charitable activity carried on by said person, firm, partnership or corporation.
.080 Acquired from a 501(c)(3) corporation or other non-profit organization that obtained the secondhand property by gift and the seller is a person, firm, partnership or corporation whose principal business is primarily that of selling secondhand property or personal property directly to the consumer. (Ord. 2006 § 1 (part); June 16, 1964: Ord. 6149 § 1; July 21, 2009.)
The Chief of Police shall, upon the taking effect of this chapter, cause such a number of blanks to be printed as may be necessary for that purpose and shall thereafter from time to time cause such additional blanks to be printed as may be required, which said blanks shall be so printed and subdivided that they shall have spaces for writing in the following matters: Number of pawn ticket; amount loaned or paid for article; description of articles purchased; description of articles sold; description of articles otherwise dealt with; name and residence of person, firm or corporation from whom purchased; name and place of residence of person, firm or corporation to whom sold; name and place of residence of person, firm or corporation with whom otherwise dealt with; description of person to whom sold or with whom otherwise dealt with; showing true name as nearly as known; age, sex, complexion, color of mustache or beard or both where both are worn; style of dress; height, also the time when the articles were purchased, sold or otherwise dealt with. Each day all articles which were purchased the preceding day shall be displayed for inspection. Said blanks shall also bear a caption providing blank spaces in which to fill in the date of said report; the name and place of residence of the person making the same and the hour of the day when made. The Chief of Police shall deliver said blank to the person from whom said reports are required from time to time, free of charge. (Ord. 2006 § 1 (part); June 16, 1964.)
.010 Every secondhand dealer and pawnbroker shall retain in his possession for a period of thirty days all personal property reported under the provisions of this chapter. The thirty-day holding period with respect to such personal property shall commence with the date the report of its acquisition was made to the Chief of Police by the secondhand dealer or pawnbroker.
.020 A police officer of the City of Anaheim may require any secondhand dealer or pawnbroker, upon written notice, to hold property which the police officer has reason to believe is stolen for a period not to exceed ninety days from the date of placing such hold. Such property may be released only upon written authorization of a police officer of the City of Anaheim. (Ord. 2006 § 1 (part); June 16, 1964.)
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