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(Amended by Ord. No. 161,622, Eff. 10/5/86.)
(a) Definitions. As used in this section:
1. “Organization” shall mean any actual or purported peace officers’ or firefighters’ organization.
2. “Promoter” shall mean any person who for pecuniary compensation or consideration, other than as an employee, conducts a solicitation or is engaged in the business of conducting solicitations on behalf of or in the name of any organization.
3. “Solicitor” shall mean any person, other than a promoter or a bona fide peace officer or firefighter, who for pecuniary compensation or consideration conducts a solicitation or makes a collection for or on behalf of or in the name of an organization or a promoter for an organization.
4. “Solicitation” shall mean any oral or written request for a contribution or donation to, or the purchase of any membership in, an organization, or the purchase of any ticket to any benefit, show or other entertainment or event, or any subscription to or any advertising space in any magazine or other publication.
(b) Organizations.
1. No organization shall conduct a solicitation nor authorize any person to conduct a solicitation on its behalf without a valid permit from the Board of Police Commissioners authorizing such solicitation. Each permit issued under this subsection shall be accompanied by a form issued by the Board which shall bear on its face the name and address of the organization for whom the solicitation is conducted; an identification number; the date of its expiration; the percentage of anticipated collections that the organization will receive; the percentage of anticipated collections that will be retained by or paid to any promoter and/or any solicitor; the percentage of voting members of the organization who are either active or retired peace officers or firefighters; if the solicitation is for advertising, the state-wide circulation of the publication in which the solicited advertisement will appear; the percentage of the total contribution or purchase price which may be deducted as a charitable contribution under both federal and state law; and if no portion of the contribution or purchase price is deductible, a statement that “This contribution or purchase is not tax deductible.”
2. Each organization, at the time of application for a permit to solicit, shall file with the Board a statement of any agreement made with any promoter or solicitor, together with a true copy of each such agreement which may be in writing. Within 48 hours after any change in any such agreement or the making of any new or further such agreement, a true copy of such change or new or further agreement, if in writing, or written details thereof, if not in writing, shall be filed with the Board.
3. Each organization shall maintain a system of accounting whereby all transactions are entered upon its books or records, either on the cash or accrual basis, according to established and customary accounting principles.
4. Within 30 days after the termination of its solicitation, each organization shall file with the Board an affidavit or declaration under penalty of perjury setting forth the total amount collected in the solicitation, the total amount received by the organization and the detailed expenses of the solicitation.
(c) Solicitations. (Amended by Ord. No 164,871, Eff. 6/23/89.) Each person shall, when conducting a solicitation, have the permit and accompanying form, or facsimiles thereof, required under Subsection (b) of this section on their person. When making a personal solicitation or collection each person shall exhibit such permit and accompanying form to the person solicited or from whom collection is being made. Each person soliciting or collecting on behalf of an organization shall state to the person solicited their true name and, if employed by or under contract to a promoter, the promoter’s name and whether or not the promoter is a professional fund raiser. Each person soliciting as an employee of an organization shall inform the person solicited that the person soliciting is an employee of the organization. No person shall attempt to collect a contribution or payment prior to 48 hours after any person has agreed to make such contribution or payment. Each person receiving a contribution or payment pursuant to a solicitation shall deliver a signed receipt to the person making the contribution or payment. If a publication or program is produced for an organization, such publication or program shall be provided to the Board within ten (10) days after publication or the date of the event for which the program was prepared.
(d) Promoters.
1. No promoter shall conduct any solicitation without a valid permit from the Board. A promoter holding a valid permit from the Board shall not conduct any solicitation on behalf of or in the name of any organization without first notifying the Board. It shall be the responsibility of each promoter to notify the Board in writing of all contracts and working agreements with each organization with which the promoter is associated. Insofar as applicable, each promoter shall comply with, and shall be responsible for each solicitor operating under the promoter’s direction and control complying with, the provisions of Subsection (c) of this section.
2. At the time of filing an application for a promoter’s permit the applicant shall file with the Board satisfactory proof of the existence of a good and sufficient surety bond or bonds, in the aggregate sum of not less than $5,000.00, running to each organization for whom the applicant proposes to solicit. Such bond or bonds shall be issued by a surety company authorized to do business in the State of California and shall provide for the reimbursement for direct loss of money or property sustained through any dishonest or criminal act on the part of the applicant. Such bond or bonds or a substitute or substitutes therefor shall remain in force and effect for the entire period of the promoter’s permit.
(e) Solicitors.
1. No solicitor shall conduct any solicitation or make any collection without a valid permit from the Board. Each solicitor shall be under the direction and control of a promoter holding a valid permit from the Board or an organization holding a valid permit from the Board. Each solicitor shall comply with the provisions of Subsection (c) of this section.
2. At the time of filing an application for a solicitor’s permit the applicant shall file with the Board satisfactory proof of the existence of a good and sufficient bond or bonds, in the sum of not less than $1,000.00 each, running to each organization for whom the applicant proposes to solicit or collect. Such bond or bonds shall be issued by a surety company authorized to do business in the State of California and shall provide for the reimbursement for direct loss of money or property sustained through any dishonest or criminal act on the part of the applicant. Such bond or bonds or a substitute or substitutes therefor shall remain in force and effect for the entire period of the solicitor’s permit.
(Added by Ord. No. 121,058, Eff. 2/15/62.)
(a) Purpose. The purpose of this section is to provide for the regulation in accordance with the public interest of the operation within the City of studios as defined in this section, wherein bona fide artists and art students may practice and develop their talents in portraying the human form, subject to such controls as will prevent the operation of such studios as places which appeal primarily to the prurient interests of members of the public.
(b) Definitions. As used in this article, the following words shall mean:
1. “Studio.”
(i) Any premises on which there is conducted the business of furnishing models who pose for the purpose of being sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted in the nude by persons who pay a fee, or other consideration or compensation, or a gratuity, for the right or opportunity so to depict the model, or for admission to, or for permission to remain upon, or as a condition of remaining upon the premises.
(ii) Any premises where there is conducted the business of furnishing or providing or procuring for a fee or other consideration or compensation or gratuity, models to be sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted in the nude.
2. “Model.” Any person who poses to be sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted.
3. “Nude” shall include:
(i) Completely without clothing.
(ii) With any pubic area exposed, or with the pubic area covered in such a manner that the private parts are visible or the form thereof discernible.
(iii) With the breasts exposed by a female so that the nipples thereof are exposed.
(c) Permit Required. (Amended by Ord. No. 134,704, Eff. 8/6/67.)
1. No person shall operate a studio without first obtaining a permit from the Board. No permit shall be issued except upon a finding by the Board that the studio is proposed to be operated for the purpose of providing facilities for use by persons pursuing a course of study including the artists portrayal of the nude human form, and by persons who engage in artistic portrayal of the nude human form, and by persons who engage in artistic portrayal as a means of livelihood.
2. An applicant for a studio permit shall file a verified application therefor with the Board on such forms and containing such information as the Board may require.
3. No studio permit shall be issued to any person under 18 years of age, nor to a corporation, any of whose officers are under 18 years of age. (Amended by Ord. No. 144,116, Eff. 12/31/72.)
EXCEPTIONS:
(i) No permit shall be required for any studio operated by any public junior college, state college, The University of California or any governmental agency.
(ii) An exemption from the requirement that a permit be obtained may be granted for any studio upon a showing satisfactory to the Board that the applicant for such permit has met the requirements established in Division 21 of the Education Code for the issuance or conferring of, and is in fact authorized thereunder to issue and confer a diploma or honorary diploma.
(iii) An exemption from the requirement that a permit be obtained may be granted for any studio upon a showing satisfactory to the Board that the applicant therefor is a tax exempt, non-profit corporation devoted to the development of art and its appreciation.
(d) Required Revocation or Denial.
1. In addition to the grounds for permissive denial or revocation stated in this article, the Board shall refuse to issue, or shall revoke, a permit required or issued under the provisions of this section upon a finding that the applicant or permittee is not of good moral character. Anyone convicted of a morals offense shall be deemed not to be of good moral character for the purposes of this section.
2. The Board shall also revoke a permit issued under the provisions of this section upon a finding that a model under 18 years of age was permitted or allowed to pose in the nude on the premises, or that a person under 18 years of age or persons other than those described in the first paragraph of subsection (c) hereof were admitted to any part of the premises in which a model was posing in the nude. (Amended by Ord. No. 144,116, Eff. 12/31/72.)
Section
103.301 Antique Shops.
103.301.1 Antique Show or Collectors Exchange Show.
103.304 Junk Collectors.
103.305 Junk Dealers.
103.306 Pawnbroker.
103.307 Rummage Sale.
103.308 Sales – Fire and Closing Out.
103.309 Secondhand Auto Parts Dealer.
103.310 Secondhand Book Dealers.
103.311 Secondhand Dealers.
103.311.1 Firearms Sales by Secondhand Dealers Prohibited.
103.314 Sellers of Firearms.
103.314.1 Sellers of Firearm Ammunition.
(a) Definitions. As used in this article:
1. “ANTIQUE SHOP” means a shop where secondhand merchandise is sold at retail but where at least 90% measured according to value, of the used or secondhand merchandise on hand at any time consists of objects of art, bric-a-brac, curios, or household furniture or furnishings, offered for sale upon the basis, express or implied, that the value of the property, in whole or in substantial part, is derived from its age or from its historical association.
(b) Permit Requirements. The operator of any antique shop may, in lieu of the secondhand dealers’ permit required by Section 103.311, apply for and obtain a special permit to conduct an antique shop. Every application hereunder must be accompanied by an investigation fee of $50.00. If the application is approved, an additional fee of $25.00 shall be collected upon the issuance of the permit, except in those cases where the applicant has already paid the secondhand dealer’s permit fee for the same place of business. (Amended by Ord. No. 114,879, Eff. 12/20/59.)
(c) Change of Location. A change of location may be endorsed upon a permit hereunder upon written application by a permittee accompanied by a change of location fee as prescribed in Sec. 103.12.
(d) Must Comply with Secondhand Dealers Regulations. The holder of an antique shop permit shall obey all of the requirements of this article and the rules and regulations of the Board pertaining to the receipt, handling, disposal, and sale of secondhand merchandise generally, but shall be exempt from the hours of business limitations.
(Added by Ord. No. 147,883, Eff. 1/1/76.)
(a) Definitions. As used in this article.
1. “ANTIQUE SHOW” Means an occasional display-type show consisting of booths, rooms or display areas wherein antique merchandise is displayed, exhibited or offered for sale or exchange. For the purpose of this section the merchandise must be displayed, exhibited or offered for sale or exchange upon the basis, express or implied, that the value of the property, in whole or in substantial part is derived from its age or from its historical associations. For the purposes of this section, merchandise shall be considered antique because of age if it is at least 50 years old. (Amended by Ord. No. 149,484, Eff. 5/19/77.)
2. “COLLECTORS EXCHANGE SHOW” means an occasional display type show consisting of booths, rooms or display areas wherein a single, specific category of secondhand collector’s personal property, of a like or similar character, is displayed, exhibited or offered for sale or exchange to the general public or other participating collectors or exhibitors. (Added by Ord. No. 147,883, Eff. 1/2/76.)
3. “LIKE OR SIMILAR CHARACTER” means a particular identifying characteristic of specific items which places them in a class by themselves, such as dolls, electric trains, miniature furniture, chinaware, musical instruments, vases, lamps, clocks, or other similar items collected because of such similarity. (Added by Ord. No 147,833, Eff. 1/2/76.)
4. For the purposes of this section, the terms “promoter” and “exhibitor” do not include promoters of, or exhibitors at shows or events billed or conducted exclusively as “coin” and/or “stamp” shows, events or exhibits where numismatic or philatelic objects and related supplies and materials are displayed, exhibited or offered for sale or exchange. (Added by Ord. No. 149,484, Eff. 5/19/77. )
(b) Permit Required.
1. Promoter. No person shall arrange, advertise or promote an antique show or a collectors exchange show without a written permit from the Board. (Added by Ord. No. 147,883, Eff. 1/2/76.)
2. Exhibitor. For the purposes of this section, the term “exhibitor” shall mean any person who displays, exhibits or offers for sale or exchange any secondhand personal property at an antique show or at a collector’s exchange show. (Amended by Ord. No. 161,524, Eff. 8/17/86.)
3. Professional Societies. (Added by Ord. No. 156,264, Eff. 2/6/82.)
(i) Upon written application, the Board may grant to a professional society or association of bona fide collectors and to its bona fide collector members named in the application, a single event exemption from the requirements of this section in order that it may conduct an antique show or a collectors exchange show, provided that the Board is first informed and determines that the society or association:
a. holds such an event in the City of Los Angeles no more frequently than annually;
b. deals solely in, and is limiting this event to, personal property one of the types referred to in Subsections (a)1, (a)2, or (a)3 of this section;
c. has, and for the event will employ, procedures competent to prevent the exhibition, display for sale, or sale of stolen property; and
d. will amend its application not less than 7 days before the beginning of the event applied for to set forth the names of any additional members of the society or organization who are bona fide collectors who will participate in the event.
(ii) The display for sale, or sale of stolen property at any event for which there has been a grant of exemption under (i) shall cause said grant of exemption to have no further force or effect as to the collector or collectors involved.
4. The provisions of this section shall not apply to or preclude the sale of donated property wherein all the proceeds or profits from such sale are to be donated to any religious, charitable, benevolent, civic or other nonprofit organization which has a valid social services permit issued by the Police Department. (Amended by Ord. No. 173,300, Eff. 6/30/00, Oper. 7/1/00.)
(c) Conditions of Issuance of Permits. (Amended by Ord. No. 149,484, Eff. 5/19/77.) The Board may issue permits for collector’s exchange shows and antique shows subject to the following conditions with respect to application for permits and the promoting of and participation in such shows:
1. When the Board has determined that the cost of police investigation services will be increased because of the conduct of an antique or collectors’ exchange show, the Board may require the promoter to make payment into the general fund of the City of Los Angeles an amount calculated at the current hourly rate of a Detective II for each hour of investigation on a weekday and 150% of the current hourly rate of a Detective II for each hour of investigation on a Saturday, Sunday or holiday involving the show, up to a maximum of 16 hours per day of show operation, plus 23.1% of such amount for administrative costs. The promoter shall pay the amount due to the Office of Finance within 30 days after the bill is mailed to the promoter by the Board. (Amended by Ord. No. 173,300, Eff. 6/30/00, Oper. 7/1/00.)
2. The promoter, prior to the event, shall verify to the Police Department that all exhibitors will display only the unique type of merchandise permitted to be displayed, exhibited, or entered for sale or exchange at such show and that each exhibitor has submitted their catalog or inventory list to the Police Department, as required by this subsection, and has consented to an inspection by a police officer of all goods under such exhibitor’s control at the show before permitting any exhibitor to participate in such show. Failure on the part of the promoter to verify the above information is grounds for the Police Department to close the show or event.. (Amended by Ord. No. 161,524, Eff. 8/17/86.)
3. (None)
4. (None)
5. An antique show or collector’s exchange show shall be conducted in a building or other structure at a location which meets and complies with all current zoning, health, safety and fire regulations and standards of the laws of the State of California and ordinances of the City of Los Angeles applicable to such an operation. The promoter shall be responsible for obtaining all necessary permits and approvals under this requirement. (Amended by Ord. No. 149,484, Eff. 5/18/77.)
6. Each exhibitor shall file a written notice of intent to participate in an antique or collector’s exchange show with the promoter at least 14 days prior to the scheduled date of the show or event. The promoter shall deliver all such notices to the Board at least 14 days prior to the scheduled date of the show or event. Upon application by the promoter and the exhibitor, the Board may approve the participation of an exhibitor who has not filed an application 14 days prior to the scheduled date of the show or event if it determines that such exhibitor has failed to comply with the provisions herein for reasons beyond the exhibitor’s control and that strict application of the 14 day provision herein shall result in practical difficulties or unnecessary hardships inconsistent with the purpose and intent of that time limitation. (Amended by Ord. No. 149,484, Eff. 5/19/77.)
7. Each exhibitor shall provide the Police Department with a catalog or inventory listing all items intended to be displayed, exhibited or offered for sale or exchange at the event or show at least 7 days prior to the scheduled date thereof, except that any exhibitor whose application for participation in a show or event has been approved by the Board pursuant to the provisions of Subdivision 6 of this subsection within 7 days prior to the scheduled date thereof shall submit said catalog or inventory on the date of the Board’s approval. Each exhibitor shall make available for inspection by the Department on each day of the event or show a list of all modifications and changes to the original list. The catalog or inventory need not include items previously reported to the Department and held pursuant to departmental rules and regulations for the handling of secondhand merchandise, nor need it include items imported into the United States which are received by the exhibitor subsequent to the submission of said inventory listing, provided, however, that proof of importation must be presented to the Department upon request. Any catalog or inventory prepared for submission to the Department may, for convenience, group together or otherwise categorize items, provided that unique markings, serial numbers or other specific identifying characteristics, where available, shall be detailed and listed therein. (Amended by Ord. No. 161,524, Eff. 8/17/86.)
(d) Identification of Buyer or Recipient. Each exhibitor shall give to each buyer or recipient of any item set forth in a catalog or inventory list required by this section and sold or disposed of at the show or event, a written invoice for any sale over $5.00. The invoice shall contain a description of the article, the selling price thereof, and the name and address of the purchaser. The copies of all such invoices shall be kept by the exhibitor for 6 months after the sale or disposition and shall be available for inspection by a police officer or other representative of the Board. (Amended by Ord. No. 149,484, Eff. 5/19/77.)
(e) Mixing of Personal Property. The display, exhibition, offer, sale or exchange of dissimilar items of secondhand personal property or general merchandise shall not be allowed or permitted under this section. Such shall be governed by applicable ordinances regulating sales of secondhand goods; wares and merchandise. (Added by Ord. No. 147,883, Eff. 1/2/76.)
(Added by Ord. No. 111,348, Eff. 7/4/58.)
(a) Definition. As used in this article.
1. “JUNK COLLECTOR” means a person not having a fixed place of business in this City, who personally gathers, collects, buys, sells, or otherwise deals in any scrap metals, old rags, bags, sacks, bottles, paper, boxes, barrels, rope, and other articles commonly known as junk, any of which is not used for the same purpose for which it was originally made; the term includes any individual who assists a junk collector or junk dealer in the operation of the business by soliciting, handling the materials, or driving the vehicle used in the collection of said materials.
(b) Permit Required. No person shall engage in, manage, conduct or carry on the business of or act as a junk collector without a written permit from the Board.
(c) Goods to be Disposed of. Junk collectors shall dispose of all junk collected, gathered or acquired, before the end of each business day. Such disposition shall be made only to such junk dealer, secondhand dealer, or other person holding a permit from the Board and permitted to deal in junk or secondhand goods, wares or merchandise.
(d) Hold-Order by Police. A police officer may place a hold-order upon property acquired by a junk collector in the course of the junk collector’s business, for a period of 90 days, and upon release of such property may require such junk collector to keep a record of the disposition of such property. It shall be unlawful for any person to dispose of any property contrary to any hold-order issued by a police officer.
(Added by Ord. No. 111,348, Eff. 7/4/58.)
(a) Definition. As used in this article.
1. “JUNK DEALER” means a person having a fixed place of business in this City, and engaging in, conducting, managing, or carrying on the business of buying, selling, or otherwise dealing in either at wholesale or retail any scrap metals, old rags, bags, sacks, bottles, paper, boxes, barrels, rope, and other articles commonly known as junk, any of which is not used for the same purpose for which it was originally made.
(b) Permit Required. No person shall engage in, manage, conduct or carry on the business of a junk dealer without a written permit from the Board.
(c) Change of Location. A change of location may be endorsed on a permit by the Board upon written application by the permittee accompanied by the change of location fee prescribed in Section 103.12.
(d) Hold-Order by the Police. A police officer may place a hold-order upon property acquired by a junk dealer in the course of the junk dealer’s business, for a period of 90 days, and upon release of such property may require such junk dealer to keep a record of the disposition of such property. It shall be unlawful for any person to dispose of any property contrary to any hold-order issued by such police officer.
(Added by Ord. No. 111,348, Eff. 7/4/58.)
(a) Definitions. As used in this article:
1. “PAWNBROKER” means any person engaged in any one or more of the following businesses:
(i) Pawnbroking.
(ii) Lending money for themself or any other person upon personal property, pawns or pledges, in the possession of the lender.
(iii) Purchasing articles of personal property and reselling or agreeing to resell such articles, to the venders or assignees at prices agreed upon, at or before the time of such purchase.
2. “PAWNSHOP” means any room, store or place in which the business of a pawnbroker is carried on or conducted.
(b) Permit Required. No person shall engage in, manage, conduct or carry on the business of a pawnbroker without a written permit from the Board.
(c) Change of Location. A change of location may be endorsed on a permit by the Board upon written application by the permittee, accompanied by the change of location fee prescribed in Section 103.12.
(d) Hold-Order by Police. A police officer may place a hold-order upon property acquired by a pawnbroker in the course of the pawnbroker’s business, for a period of 30 days, and upon release of such property may require such pawnbroker to keep a record of the disposition of such property. It shall be unlawful for any person to dispose of any property contrary to any hold-order issued by a police officer.
(e) Auctions. It shall be unlawful for any person operating, managing, or carrying on the business of a pawnbroker to permit, allow or conduct an auction sale as defined in this article on their premises except under the following conditions:
1. Notice to Board. The pawnbroker, or the auctioneer employed by the pawnbroker, in addition to complying with all the provisions of this Code relating to auction sales shall give ten days notice, in writing, to the Board prior to commencing such auction sale. Such notice shall contain the location of the sale, the name of the auctioneer, the date of the sale, the hours during which the sale shall be conducted, and a complete list of all the property to be sold at such sale, with detailed identifying description of the property, including the original loan number.
2. Unredeemed Pledges. The only property that may be sold at an auction sale at such location, shall be the unredeemed pledges in the original condition in which such property was received by the pawnbroker and as listed in the notice. Each such unredeemed pledge shall have attached to it a tag describing it, the original loan number, and the number of the item on the list in the notice. Property not listed in the notice shall not be sold at such auction sale.
3. Two-Day Limit. The total time during which a pawnbroker may conduct auction sales shall not exceed two days in any calendar month.
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