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(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.)
(a) Definition. As used in this article:
1. “SECONDHAND AUTO PARTS DEALER” means a person engaged in the business of buying, selling, exchanging, storing or dealing in used, rebuilt or secondhand motor vehicle accessories or parts. For the purpose of this definition only, a “motor vehicle” includes automobiles, automobile trucks and motorcycles.
EXCEPTIONS: (Amended by Ord. No. 117,755, Eff. 1/22/61.)
The following shall not be deemed to constitute engaging in the business of dealing in secondhand motor vehicle parts or accessories:
1. The acceptance, sale or disposal of used automobile tires or used automobile batteries taken in part payment for new tires and batteries by persons whose regular business consists in whole or in part of selling new automobile tires or batteries.
2. The acceptance, by bona fide wholesale and retail automobile parts dealers, of used automobile parts tendered in exchange for, or in part payment of new or previously rebuilt, reconstructed or remanufactured automobile parts and; the acceptance, sale or disposal, by wholesale and retail automobile parts dealers, distributors, and remanufacturers, of automobile parts which have been previously rebuilt, reconstructed or remanufactured. (Amended by Ord. No. 130,575, Eff. 9/11/65.)
(b) Permit Required. No person shall engage in the business of a secondhand auto parts 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.
(a) Definitions. As used in this section:
1. “SECONDHAND BOOK DEALER” means a person engaging in, conducting, managing or carrying on the business of buying, selling, exchanging or otherwise dealing in secondhand books and magazines, secondhand text books or secondhand educational materials.
2. “SECONDHAND TEXT BOOKS” or “SECONDHAND EDUCATIONAL MATERIALS” means those text books or other materials required or designated by any university, college, school, or other educational institution to be used or which were used by students in studying the courses offered by said institutions. Such text books or other materials voluntarily used by said students in conjunction with those books required or designated by said institutions are included.
(b) Permit Required. No person shall engage in, conduct, manage, or carry on the business of secondhand book 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) Bills of Sale. Every secondhand book dealer buying, selling or exchanging or otherwise dealing in secondhand books, secondhand text books or secondhand educational materials or exchanging new text books or new educational materials for secondhand text books or secondhand educational materials, as whole or part payment therefor, shall immediately upon receiving the same, require the seller or other person from whom said secondhand text books or materials are bought, or received in exchange, to execute a bill of sale therefor. Said bills of sale shall be numbered consecutively and shall be kept on file and open during business hours to the inspection of any police officer or representative of the Board.
(e) Contents of Bill of Sale. Said bill of sale shall show:
1. Date. The date of purchase or receiving in exchange;
2. Name of Seller. The name and address of the person selling or exchanging such articles and the name of the educational institution said person is attending or in which the person is registered;
3. Name of Institution. The name of the educational institution, if any, requiring or designating the use of such textbooks or materials, including the date of the term or semester during which the same were used;
4. Name of Purchaser. The name and address of the purchaser or person receiving said secondhand books, secondhand text books or materials, said name and address coinciding with those showing upon the permit issued by the Board and held by said person;
5. Description. A description of the secondhand books, secondhand text books or materials purchased by the purchaser or person receiving said books or materials sufficient in all respect to clearly identify the same.
(f) Right to Sell. A secondhand book dealer who purchases or receives in exchange secondhand books, secondhand text books or other secondhand educational materials shall, prior to making such purchase or exchange, ascertain that the person selling or delivering for exchange any such secondhand books or materials has a legal right to do so.
(g) Identification of Books. The secondhand book dealer shall immediately upon purchasing or receiving in exchange any such secondhand books or materials stamp, write, print or otherwise permanently affix to each article so purchased or received the number of the bill of sale covering said articles.
(h) Signs. Secondhand book dealers shall maintain on the premises where said business is located a sign plainly printed in the English language of sufficient size so that the same may be easy to read from the sidewalk in front of said place of business. Such sign shall state the business in which such person is engaged. If said business is located in an office building the sign shall be placed on the door of said office. If the business is located in a department of any building, the sign shall be placed at the entrance to said department.
(i) Exemptions. This section shall not apply to the receipt or sale of secondhand books, secondhand text books or secondhand educational materials by any person who receives or purchases such books or materials from any other person when such other person has made required reports as fixed by rule or regulation of the Board and shall have held the said books or materials for the length of time therein required.
(a) Definitions. As used in this article:
1. “SECONDHAND DEALER” means a person engaging in, conducting, managing, or carrying on the business of buying, selling, or otherwise dealing in secondhand or rebuilt or reconditioned goods, wares and merchandise. The term does not include secondhand dealer-jewelry, or persons holding permits as auto wreckers or used car dealers or secondhand book dealers. The acceptance, sale or disposal of used automobile tires or automobile batteries taken in part payment for new tires or batteries shall not be deemed to constitute the doing of the business of a secondhand dealer.
2. “SECONDHAND DEALER – JEWELRY” means a person engaging in, conducting, managing or carrying on the business of buying, selling, or otherwise dealing in secondhand jewelry, precious and semi-precious stones and metals and imitations thereof, watches, rings, bracelets, and other similar goods, wares and merchandise.
(b) Permit Required. No person shall engage in, manage, conduct or carry on the business of a secondhand dealer or a secondhand dealer-jewelry 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) Permittee, Responsible for Conduct of Premises. It shall be the duty of permittee to see that no secondhand goods are sold or purchased by the permittee’s agent or any other person in or upon the permittee’s premises or location other than in the course of permittee’s business.
(e) Advertising Restrictions. No permittee shall advertise any goods for sale when such goods are not actually for sale at the premises at the time the advertisement is inserted in the newspaper or medium.
Within 24 hours after the sale of any goods that have been advertised for sale, the permittee shall withdraw or cancel any advertisement relative to such goods.
(f) Hold-Order. A police officer may place a hold- order upon 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.
(g) Holding Period. Property acquired in the course of permittee’s business shall be reported and held for such period of time as is fixed by rule and regulation of the Board.
(h) Violation. No permittee shall clean, alter, repair or otherwise change the appearance, melt, destroy, sell, export or otherwise dispose of any article, goods, wares, merchandise, waste materials, junk or things obtained in the course of the permittee’s business until such articles have been held for the period required by the Board.
(i) Exemption. (Added by Ord. No. 158,621, Eff. 2/20/84.) Any person engaging in, conducting, managing, selling, exchanging, displaying or offering for sale or exchange, secondhand personal property at a swap meet is exempt from Subsections (a) through (h), inclusive, of this section, and any rules and regulations promulgated by the Board pursuant to said subsections, but is subject to the following provisions and conditions:
1. Definitions. As used in this subsection:
a. “Swap Meet” means any event where secondhand goods are offered or displayed for sale or exchange and
(1) A fee is charged for the privilege of offering or displaying secondhand goods for sale or exchange; or
(2) A fee is charged to prospective buyers for admission to the area where secondhand goods are offered or displayed for sale or exchange.
b. “Swap Meet Operator” means any individual, partnership, corporation, business association or other person or entity which sponsors, controls, manages or otherwise conducts a swap meet.
c. “Swap Meet Vendor” means any individual, partnership, corporation, business association or other person or entity which sells, exchanges, displays, or offers for sale or exchange, any secondhand goods at a swap meet.
2. Permit Required. No person or entity shall operate a swap meet without a written permit from the Board, except that a permit shall not be required for any event sponsored by and for the exclusive benefit of any community chest, fund, foundation, association or corporation organized and operated solely for religious or charitable purposes provided that no portion of any admission fee charged swap meet vendors or prospective purchasers, or the receipts from the sale or exchange of new or secondhand goods, inures to the benefit of any shareholder, officer, employee, person or entity organizing, sponsoring or conducting such event.
a. No permit shall be issued which will permit the sale or display of firearms, flammables, and hash pipes or other manipulative instruments relating to the use or consumption of drugs or their derivatives.
b. No permit shall be issued unless the swap meet operator has first obtained a business tax registration certificate.
c. No permit shall be issued for a swap meet requiring a conditional use pursuant to Section 12.24 of this Code until such conditional use has been obtained.
d. When the Board has determined that the cost of police investigation services will be increased because of the operation of a swap meet, the Board may require the swap meet operator 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 swap meet, or up to a maximum of 16 hours per day of swap meet operation, plus 23.1% of such amount for administrative costs. The swap meet operator shall pay the amount due to the Office of Finance within 30 days after the bill is mailed to the swap meet operator by the Board. (Amended by Ord. No. 173,300, Eff. 6/30/00, Oper. 7/1/00.)
e. A permit shall be issued, denied or revoked pursuant to the provisions of this chapter; however, the Board shall place no other conditions on the operation of a swap meet permitted pursuant to Section 12.24 of this Code other than those permitted by this subsection.
f. Each swap meet operator, prior to each swap meet, shall verify to the Police Department that each swap meet vendor has consented to an inspection by a police officer of all goods under such vendor’s control at the swap meet before permitting such vendor to participate in the swap meet. Failure on the part of the swap meet operator to verify the above information is grounds for the Police Department to close the swap meet. (Added by Ord. No. 161,524, Eff. 8/17/86.)
(Amended by Ord. No. 170,212, Eff. 2/5/95.)
(a) Definitions.
1. “Firearm” means any pistol, revolver, rifle, shotgun or other device designed to be used as a weapon, from which a projectile is expelled through a barrel by the force of an explosion or any other form of combustion, or any device which is capable of being altered so as to expel a projectile in such manner.
2. “Firearms Dealer” means any person engaged in the business of selling, transferring or leasing at retail, advertising for sale, transfer or lease at retail or offering or exposing for sale, transfer or lease at retail, any firearm.
3. “Residential Neighborhood” means any district of the City zoned for residential use or, if not so zoned, any street segment bounded by intersecting streets wherein over fifty percent of the buildings on that street segment are used for residential purposes.
(b) Presumption. For the purposes of this section there shall be a presumption that any person who has been issued a valid Federal firearms license has acquired such license with an intent to engage in the sale of firearms.
(c) Permit Required. No person shall engage in, manage, conduct or carry on the business of a firearms dealer without a written permit from the “Board.”
(d) Fixed location. Each permittee must have a fixed place of business. Sales of firearms may be made only at said fixed location.
(e) Overlapping Business. If any person engages in, conducts, manages or carries on at the same time more than one business requiring police permits, such person shall comply with all of the provisions affecting each business.
(f) Condition of Issuance. No permit or renewal permit shall be issued unless:
1. The applicant has a valid Federal firearms license, a valid seller’s permit issued by the State of California Board of Equalization and a certificate of eligibility as described in Section 12071 of the Penal Code of the State of California;
2. The applicant has obtained all other required permits for the operation of the business as proposed and has complied with all other applicable laws;
3. The applicant provides evidence of a possessory interest such as owner, lessee or renter, in the property at which the business is proposed to be conducted;
4. The proposed location of the business is other than in a residential neighborhood;
5. The applicant has obtained a policy of insurance as provided in Subdivision (g).
6. The applicant agrees to indemnify, defend and hold harmless the City, its officers, agents and employees, from claims arising from the negligence of the applicant or permittee; and
7. The applicant has been provided and has read copies of Municipal Code Section 103.314 and the Police Commission Board Rules relating to that section.
(g) Insurance Requirements. The permittee shall maintain in full force and effect a policy of insurance on file with the City Attorney. Such policy shall be executed by an insurance company admitted to do business in this state, and shall be in a form that the City deems proper. It shall insure the applicant or permittee against liability for damage to property and for injury to or the death of any person as a result of the sale, transfer or lease, or the advertising for sale, transfer or lease, or the offering or exposing for sale, transfer or lease, of any firearm. The policy shall also name the City and its officers, agents and employees as additional insureds. The minimum liability limit shall not be less than One Million Dollars ($1,000,000.00) for damage to or destruction of property in any one incident, and One Million Dollars ($1,000,000.00) for the death or injury to any one person. Provided, however, that additional amounts may be required by the City if deemed necessary.
Such policy of insurance shall contain an endorsement providing that the policy will be continuous until canceled by a 30-day written notice sent by registered mail to the City Attorney 30 days in advance of the cancellation date. Prior to cancellation of any such policy, permittee shall secure equivalent insurance. Failure to so do is grounds for revocation of the permit.
(h) Denial of Permit. Any applicant who is denied a permit shall be informed of the reasons for denial.
(i) Permit Valid for Issuance. When issued the permit shall state on its face “Valid for Retail Sale of Firearms.”
(j) Consent to Inspection. The acceptance of a permit to engage in the business of a firearms dealer constitutes consent to inspection of the books, records and business premises in the manner set forth in Section 103.14 of this Code.
(k) Permit Assignment. The assignment or attempted assignment of any permit issued pursuant to this section, otherwise than in connection with a change of ownership as provided in Section 103.08, is unlawful and any such assignment or attempted assignment shall render the permit null and void.
(l) Permittee Responsible For The Conduct Of Business. No firearms or ammunition shall be sold or leased or offered for sale or lease or advertised for sale or lease by the permittee, nor shall the permittee otherwise conduct its business, in violation of the Penal Code of the State of California, this section or any other applicable law.
(m) Sale of Saturday Night Specials Prohibited. (New Subsec. (m) Added by Ord. No. 171,268, Eff. 10/6/96.)
1. Definition. Except as provided in Subdivision 2 of this subsection, the term “Saturday Night Special” shall mean any of the following:
(i) A pistol, revolver or firearm capable of being concealed upon the person, as those terms are defined in California Penal Code Section 12001(a), which contains a frame, barrel, breechblock, cylinder or slide that is not completely fabricated of heat treated carbon steel, forged alloy or other material of equal or higher tensile strength;
(ii) A semi-automatic pistol which:
(a) is not originally equipped by the manufacturer with a locked-breech action; and
(b) is chambered for cartridges developing maximum permissible breech pressures above 24,100 Copper Units of Pressure as standardized by the Sporting Arms and Ammunition Manufacturers Institute;
(c) for purpose of this subdivision, “semi-automatic pistol” shall mean a firearm, as defined in California Penal Code Section 12001(b), which is designed to be held and fired with one hand, and which does the following upon discharge:
(i) fires the cartridge in the chamber;
(ii) ejects the fired cartridge case; and
(iii) loads a cartridge from the magazine into the chamber. “Semi- automatic pistol” shall not include any assault weapon designated in California Penal Code Section 12276.
(iii) A pistol, revolver, or firearm capable of being concealed upon the person, as those terms are defined in California Penal Code Section 12001(a), which:
(a) uses an action mechanism which is substantially identical in design to any action mechanism manufactured in or before 1898 that was originally chambered for rimfire ammunition developing maximum permissible breech pressures below 19,000 Copper Units of Pressure as standardized by the Sporting Arms and Ammunition Manufacturers Institute; and
(b) is chambered to fire either centerfire ammunition or rimfire ammunition developing maximum permissible breech pressures above 19,000 Copper Units of Pressure as standardized by the Sporting Arms and Ammunition Manufacturers Institute; and
(c) is not originally equipped by the manufacturer with a nondetachable safety guard surrounding the trigger; or
(d) is equipped with a barrel of less than 20 bore diameters in overall length protruding from the frame.
(e) for purpose of this subdivision, “action mechanism” shall mean the mechanism of a firearm by which it is loaded, locked, fired and unloaded.
2. EXCLUSIONS: The term “Saturday Night Special” does not include any of the following;
(i) Any pistol which is an antique or relic firearm or other weapon falling within the specifications of Paragraphs (5), (7) and (8) of Subsection (b) of California Penal Code Section 12020; or
(ii) Any pistol for which the propelling force is classified as pneumatic, that is, of, or related to, compressed air or any other gases not directly produced by combustion.
(iii) Children’s pop guns or toys; or
(iv) An “unconventional pistol” as defined in California Penal Code Section 12020(c)(12); or
(v) Any pistol which has been modified to either render it permanently inoperable or permanently to make it a device no longer classified as a “Saturday Night Special”.
3. Roster of Saturday Night Specials. Within 30 days after the effective date of this Subsection, the Chief of Police shall compile, publish and distribute to dealers licensed under this section to sell guns at retail, a roster of Saturday Night Specials which shall list those firearms, by manufacturer and model number, which the Chief determines satisfy the definition of “Saturday Night Specials” set forth in this subsection.
4. Publication. The Chief shall publish the roster of Saturday Night Specials on a semiannual basis and shall send a copy of the roster to every dealer licensed under the provisions of this section.
5. Sale Prohibited. No firearms dealer licensed to sell firearms under this section shall sell, offer or display for sale, give, lend or transfer ownership of, any firearm listed on the roster of Saturday Night Specials received by the licensee. This section shall prohibit a licensee from processing firearm transactions between unlicensed parties pursuant to Section 12072(d) of the Penal Code of the State of California. (Amended by Ord. No. 171,758, Eff. 11/23/97.)
6. Exemptions: Nothing in this section shall prohibit the disposition of any Saturday Night Special by police departments, sheriff’s offices, marshall’s offices, the California Highway Patrol, other local, state and federal law enforcement agencies, or the military and naval forces of this state or the United States for use in the discharge of their official duties; nor shall anything in this section prohibit the use of any Saturday Night Special by regular, salaried, full- time officers, employees or agents thereof when on duty and the use of such firearms is within the scope of their duties.
(n) Conditions of Employment by Permittee. (Amended by Ord. No. 180,451, Eff. 2/7/09.)
1. No officer, employee or agent of the permittee, hereinafter referred to collectively as “employee”, who will have access to and control of firearms or ammunitions shall:
(i) be under twenty-one years of age;
(ii) have had a Federal firearms license revoked or denied within the last year;
(iii) be prohibited by law from owning, possessing or having custody or control of any firearm as defined in such law;
(iv) have been convicted of any firearms related offense within the last five years.
2. Prior to employment, all prospective employees of the permittee shall make application to the Board for employment authorization and shall submit all required information and fees, together with fingerprints as required by Section 103.02.1 of this Code, to the Board. The applicant for employment shall be advised by the Board as to the approval of the application as soon as processing has been completed. No applicant for employment may be hired until and unless the application for employment has been approved by the Board. This provision shall also apply to any employee in the employment of the permittee who has access to and control of firearms or ammunition at the time the provision becomes effective, and such an employee must also submit an application to the Board. An employee in the employment of the permittee at the time this provision becomes effective who does not meet all of the above conditions must be released from employment within ninety days after notification to the permittee that the employee has failed to meet all of the above conditions.
(o) Trigger Locks. (New Subsec. (o) Added by Ord. No. 171,758, Eff. 11/23/97.) A trigger lock is a device which is designed to prevent the firearm from functioning and which is locked by a padlock, key lock, combination lock, or a similar locking device, that is reusable, and, when applied to the weapon, renders the weapon inoperable. The permittee shall not sell, lease or otherwise transfer a firearm without also selling or otherwise providing a trigger lock with each such firearm sold, leased or otherwise transferred. In the event trigger locks are not manufactured for a particular firearm, the requirement is satisfied by selling a similar device designed to prevent the unintentional discharge of firearms.
(p) Rules For The Protection Of Firearms. (Subsec. (n) Redesignated as (p) by Ord. No. 171,758, Eff. 11/23/97.) The Board shall adopt and enforce by rules and regulations security requirements consistent with State law for the protection from theft of firearms and ammunition sold and maintained by any permittee. Such rules may require that any permittee provide burglar alarms systems, separate storage areas for ammunition and other measures designed to prevent the theft of such merchandise from the premises of the permittee.
(q) Warning Regarding Dangers of Firearms in the Home. (New Subsec. (q) Added by Ord. No. 178,996, Eff. 9/3/07.) Within 30 days after the effective date of this subsection, the permittee shall do the following:
1. Post conspicuously within the premises the following warning in block letters not less than one inch in height:
WARNING: THE CITY OF LOS ANGELES HAS DETERMINED THAT GUNS IN THE HOME ARE MUCH MORE LIKELY TO BE USED TO KILL OR INJURE A HOUSEHOLD MEMBER THAN TO PROTECT AGAINST AN ATTACKER. IT IS SAFEST NOT TO KEEP A GUN IN THE HOME. IF A GUN IS KEPT IN THE HOME, IT SHOULD BE KEPT UNLOADED AND SECURELY LOCKED AND AMMUNITION SHOULD BE LOCKED SEPARATELY.
2. Provide all firearm purchasers with a bill of sale for the purchase of the firearm(s), which includes the warning language required in Subdivision 1. of this subsection.
(r) Physical Inventory Inspections. (New Subsec. (r) Added by Ord. No. 180,451, Eff. 2/7/09.) Within the first five business days of April and October of each year, permittees shall cause a physical inventory to be taken that includes a listing of each firearm held by the permittee by make, model, and serial number. In addition, the inventory shall include a listing of each firearm lost or stolen that is required to be reported pursuant to Penal Code Section 12071(b)(13). Permittees shall maintain a copy of the inventory on the premises for which the license was issued. Immediately upon completion of the inventory, permittees shall forward a copy of the inventory to the address specified by the Board, by such means as specified by the Board. With each copy of the inventory, permittees shall include an affidavit signed by the permittee (or, if the permittee is not a natural person, by an officer, general manager, or other principal of the permittee) stating under penalty of perjury that within the first five business days of that April or October, as the case may be, the signer personally confirmed the presence of the firearms and all other information reported on the inventory.
(s) Revocation of Permit. (Subsec. (r) Redesignated as (s) by Ord. No. 180,451, Eff. 2/7/09.) In addition to any other grounds for revocation of a permit, such permit shall be revoked if permittee’s Federal firearms license is revoked or expires.
(t) (Subsec. (s) Redesignated as (t) by Ord. No. 180,451, Eff. 2/7/09.) If any provision of this ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions, which can be implemented without the invalid provisions, and to this end, the provisions of this ordinance are declared to be severable.
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