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(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.
(a) Definitions. As used in this article:
1. “RUMMAGE SALE” means any charitable, religious, eleemosynary, fraternal, benevolent, civic, or other nonprofit organization or any individual purporting to act on behalf of such an organization which gathers, collects, sells or offers for sale to the public any secondhand property or junk, including reclaimed or salvaged goods, for the real or purported purpose of devoting the proceeds to charitable, religious, fraternal, benevolent, civic or other nonprofit uses. The term includes occasional or temporary sales, as well as continued or permanent activities at a fixed place of business.
2. “DEPARTMENT” shall mean the Los Angeles Police Department. (Added by Ord. No. 173,283, Eff. 6/26/00, Oper. 7/1/00.)
(b) Permit Required. (Amended by Ord. No. 173,283, Eff. 6/26/00, Oper. 7/1/00.) No person shall conduct or advertise a rummage sale open to the public without a permit therefor. Issuance of annual permits shall be under the jurisdiction of the Board of Police Commissioners. The Department may permit, without fee, the holding of three-day rummage sales by applicants qualified to receive an Information Card pursuant to Section 44.03 hereof.
(c) Advertising – Restrictions. No permittee shall advertise any goods for sale which are not actually for sale at the premises at the time the advertisement is inserted in the newspaper or medium.
Within 24 hours after any goods advertised for sale are sold, the permittee shall withdraw or cancel such advertisement.
(d) Hold-Order by Police. A police officer may place a hold-order upon any property acquired by the permittee in the course of the permittee’s business for a period of 90 days, and upon release of such property may require the permittee 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) Investigation. (Title and Subsec. Amended by Ord. No. 173,283, Eff. 6/26/00, Oper. 7/1/00.) Each application for a permit as provided for in this section shall be transmitted to the Department for investigation and report within 10 days after receipt of the application. If the Department fails to report upon the application within 10 days it shall be deemed that said Department has no objection to the issuance of the permit. The report of the Department shall include a finding as to whether there is reasonable cause to believe that the profits of the proposed rummage sale will be devoted to religious, benevolent, fraternal, educational, civic or other nonprofit purposes.
(f) Board Finding – Issuance of Permit. If the Board finds that the proceeds from the operation of the rummage sale are to be used for religious, benevolent, fraternal, educational, civic, or other nonprofit purposes, the Board may issue a permit to conduct a rummage sale.
(a) Definitions. As used in this section:
1. “SALE” means any sale of, or any offer to sell, to the public, or any group thereof, goods, wares or merchandise on order, in transit or in stock, in connection with a declared purpose as set forth by advertising that such sale is anticipatory to or to avoid the termination, liquidation, revision, windup, discontinuance, removal, dissolution or abandonment of the business or that portion of the business conducted at any location; and
All sales advertised in any manner calculated to convey to the public the belief that upon the disposal of the goods to be placed on sale the business or that portion thereof being conducted at any location will cease, be removed, be interrupted, discontinued or changed; and all sales advertised to be “Adjuster’s Sale,” “Adjustment Sale,’ “Assignee’s Sale,” “Bankruptcy Sale,” “Benefit of Administrator’s Sale,” “Benefit of Creditor’s Sale,” “Benefit of Trustee’s Sale,” “Bought Out Sale,” “Building Coming Down Sale,” “Buy Out Sale,” “Close Outs,” “Closing Sale,” Closing Out Sale,” “Creditors’ Committee Sale,” “Creditors’ Sale,” “Damaged Goods Sale,” “Disposal Sale,” “End Sale,” “Executors’ Sale,” “Final Days Sale,” Fire Sale,” “Fixtures for Sale,” “Forced Out Sale,” “Forced Out of Business Sale,” “Insolvent Sale,” “Insurance Salvage Sale,” Last Days Sale,” “Lease Expires Sale,” “Lease Expiring Sale,” “Liquidation Sale,” “Loss of Lease Sale,” “Mortgage Sale,” “Out-selling Sale,” “Receiver’s Sale,” “Removal Sale,” “Reorganization Sale,” “Salvage Sale,” “Selling Out Sale,” “Smoke Sale,” “Smoke and Water Sale,” “Trustee’s Sale,” “Quitting Business Sale,” “Wholesale Closing Out Sale,” “We Quit Sale,” “We Give Up Sale,” or advertised by any other expression or characterization similar to any of the foregoing and calculated to convey a similar meaning; and (Amended by Ord. No. 119,432, Eff. 8/13/61.)
All sales advertised in a manner calculated to indicate that the goods, wares or merchandise to be sold or any part thereof have been involved in any business failure or have been derived from a business which has failed, been closed, discontinued or liquidated; and
All sales accompanied by notices or advertising indicating that the premises are available for purchase or lease or are otherwise to be vacated; and
All sales accompanied by advertising indicating a business emergency or failure affecting the seller or any previous holder of the goods to be disposed of.
2. “ADVERTISING,” “ADVER- TISEMENT,” “ADVERTISE,” “PUBLISH,” “PUBLICATION,” means any and all means, whether oral, written, lettered or printed, used for conveying to the public notice of the conduct of a sale as defined herein, or notice of intention to conduct such sale, including but not limited to oral or written announcements by proclamation or outcry, newspaper advertisement, magazine, advertisement handbill, written or printed notice, printed display, billboard display, poster, and radio announcement.
(b) Permit Required. No person shall advertise or conduct any sale of the type herein defined without a written permit from the Board.
(c) Application for Permit. The Board may require the following information in an application:
1. Cause of Sale. A recital of the facts in regard to the insurance bankruptcy, insolvency, assignment, mortgage, forecloser, administration, receivership, trusteeship, removal, executorship removal, or other cause advertised to be the reason for the proposed sale;
2. Inventory. (Amended by Ord. No. 119,432, Eff. 8/13/61.) An inventory shall be submitted with the application on a form and in a manner prescribed by the Board which will clearly and readily identify the merchandise which is the subject of the sale. Special information tags shall be affixed upon such merchandise by the applicant whenever it is found necessary by the Board for identification or investigational purposes.
(d) Investigation. (Amended by Ord. No. 119,432, Eff. 8/13/61.) The Board may make an audit or investigation of the applicant and the applicant’s affairs in relation to the proposed sale.
The Board may refuse a permit because of the insufficiency of the information set forth in the application, but shall grant the applicant permission to file an amended application.
No permit shall be granted where an applicant has not been in business and had in their possession the goods, wares and merchandise for 60 days prior to filing the application except where the merchandise has been purchased for the express purpose of liquidating the same.
(e) Conditions of Permit. (Amended by Ord. No. 119,432, Eff. 8/13/61.) A permit issued under this section shall authorize the one type of sale named in the application, at the place named therein, for a period of not more than 30 calendar days. It shall only permit the sale of goods listed in said application. Such goods must be definitely separated from any other goods displayed at or within the store or place of business. All advertising, signs or notices calling attention to the sale must be confined to the goods involved in the sale. The Board may renew such permit for a period of 30 days. The application for renewal shall set forth a complete list of the goods listed in the original application which are unsold. Such application shall not include a list of goods, wares or merchandise not named in the original application.
No sale shall be permitted at any one location for more than 60 calendar days in any one 12 month period unless there is proof of a complete change of business and parties of interest.
(f) Addition of Goods. Permits shall be valid only for the advertising representation and sale of the particular goods, wares or merchandise described in the original application. Any renewal, replenishment or substitution of such goods, wares or merchandise, shall render such permit void. No person in contemplation of conducting any such sale or special sale, or during the continuance of such sale, shall order any goods, wares or merchandise for the purpose of selling them at such sale. Any unusual purchase or additions to the stock of such goods, wares or merchandise, within 60 days before the filing of such application for a permit to conduct such a sale shall be presumptive evidence that such purchase or additions were made in contemplation of such sale and for the purpose of selling them at such sale.
Each sale of goods, wares or merchandise not inventoried and described in the original application shall constitute a separate offense under this section.
(g) Loss of Identity. A removal of any goods, wares or merchandise inventoried and described in the original application from the place of sale mentioned in such application shall cause such goods to lose their identity as the stock of any of the sales defined herein. No permits will be issued for the conducting of a sale of any such goods, wares or merchandise in such manner as to identify them with the store, store name, store owner or location referred to in the original application.
(h) Enforcement. Upon commencement and throughout the duration of any sale, as herein defined, the permit issued by the Board shall be prominently displayed near the entrance to the premises. A duplicate original of the application and stock list pursuant to which such permit was issued, shall at all times be available to police officers and representatives of the Board. The permittee shall permit police officers and representatives of the Board to examine all merchandise in the premises for comparison with such stock list.
(i) Exemptions. This section shall not apply to or affect the following persons:
1. Court Orders. Persons acting pursuant to an order or process of a court of competent jurisdiction;
2. Public Officers. Persons acting in accordance with their powers and duties as public officers such as sheriffs and marshals;
3. Auctioneer Permittees. Duly licensed auctioneers, selling at auction;
4. Publishers. Any publisher of a newspaper, magazine or other publication, who publishes any such advertisement in good faith, without knowledge of its false, deceptive, or misleading character or without knowledge that the provisions of this section have not been complied with.
(j) Notwithstanding any other provision of this article to the contrary, the permit shall become immediately null and void and without force or effect upon failure to comply with any applicable provision of this section; or upon the using or providing of any false or misleading information in the application, inventory or advertising; or if any provisions of this article are violated; or if the advertising has been changed from that originally submitted and is false or misleading. (Added by Ord. No. 119,432, Eff. 8/13/61.)
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