(A) License required. It is unlawful for any person to act as a junk dealer or recycler without first making an application for and receiving a business license to act as such junk dealer or recycler.
(B) License: application; contents. If the application is made by an individual, he or she shall affirm under penalty of perjury that the contents of the application are true, and the contents of the application shall include the name and age of the applicant, his or her present address or addresses, and the name under which, and the place where, the applicant has conducted a similar business within 12 months immediately preceding the date of application. If the business is to be engaged in by a partnership, association, or corporation, the application for a license shall be made by the general manger thereof, or by one having the authority of a general manager. In such case, the application shall state the true name of the organization, the date of its organization, its type, the location of its principal place of business, the names and addresses of its officers or, in the case of a co-partnership, the names and addresses of all the partners.
(C) In accordance with Cal. Bus. & Prof. Code §§ 12703 and 12733, the applicant shall attach to the application documentation that the applicant holds a current and active California Weighmaster License. A copy of the applicant's current Weighmaster License shall be displayed in a prominent location at each location where the applicant conducts business.
(D) The applicant shall acknowledge having read Penal Code section 496a, which shall be prominently set forth within the application in bold face.
(E) License: application; employee identification. The applicant, at the request of the Chief of Police, shall accompany the application with photographs and fingerprints of all the individuals who are to be actually engaged in the management of the business or in buying or otherwise acquiring junk for the business for which the license is requested. In the event any other person, after the license has been granted, is engaged in the management of the business or in buying, or otherwise acquiring such junk, the licensee shall furnish to the Police Services on request the photograph and fingerprints of such person. No license shall be issued until any such demand has been complied with, and any license that has been issued shall be suspended or revoked if the licensee does not, within a reasonable time, comply with the provisions of this section.
(F) License: application; investigation. Upon submission of a complete application for license under this chapter, the application shall be immediately referred to the Chief of Police for investigation concerning the applicant's business and character of the applicant. The Chief of Police shall, after investigation, file a report upon the application designating whether or not the applicant is a proper person to be granted the license applied for. No applicant shall be reported as a proper person to be granted a license under this chapter unless and until it appears that the applicant's conduct or proposed conduct of the business does and will comply with all applicable laws and ordinances, including but not limited to those relating to the public health and to zoning. The Chief of Police shall be allowed 60 days from the date of receiving a completed application within which to file the report.
(G) License: application investigation fees. The application investigation fee for a junk dealer or recycler's business license shall be $250.
(H) License: term. The business licenses provided for in this section shall be issued for a period of one year from the date of issuance.
(I) License: denial; appeal. In the event of the denial of an application for license under this section, the applicant may, within ten days after the date written notice of such adverse report is mailed, file with the City Council a notice of intention to appear before the City Council to appeal the denial of the application. Upon failure to file such notice within the ten-day period, the denial of the application shall be final and conclusive. The notice of appeal shall be accompanied by the fee amount stated in division (G) above.
(J) License: suspension, revocation, or conditioning of license. The City Council may, upon its own motion or upon the verified complaint in writing of any person, investigate the actions of any licensee and may, after ten-days written notice to the licensee and after a hearing before the City Council, suspend, revoke, or condition the license of any licensee who commits any one or more of the acts or omissions constituting grounds for disciplinary action under this section. The grounds for such action shall be summarized in the notice. The notice provided for herein shall be given by registered or certified mail, postage prepaid, or in the manner required for the service of summons in civil actions. Pending the City Council's final decision regarding the license, a licensee may continue to engage in the business for the period of his or her license.
(K) License: disciplinary action grounds. It shall be a ground for disciplinary action if any licensee, his or her agent or employee, or any person connected or associated with the licensee as partner, director, officer, stockholder, general manager, or person who is exercising managerial authority of or on behalf of the license has:
(1) Knowingly made any false, misleading or fraudulent statement of a material fact in an application for a license, or in any report or record required to be filed;
(2) Violated any provision or this chapter or of any statute relating to his or her licensed activity;
(3) Been convicted of a felony or any crime involving theft, embezzlement, or moral turpitude;
(4) Committed any act constituting dishonesty or fraud;
(5) Committed any unlawful, false, fraudulent, deceptive or dangerous act while conducting a licensed business;
(6) Published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the operation of a licensed business;
(7) Violated any rule or regulation adopted by the City Council relating to the licensee's business;
(8) Conducted the licensed business in a manner contrary to the peace, health, safety, and general welfare or the public;
(9) Demonstrated that he or she is unfit to be trusted with the privileges granted by such license; and/or
(10) Failed to comply with the regulations of the city.
(L) License: revocation without hearing upon conviction. If any person holding a license under this chapter is convicted in any court of the violation of any law relative to his or her operation of a licensed business, the City Council may revoke the license forthwith without any further action thereon other than giving written notice of revocation to the licensee.
(Ord. 2007-008, passed 12-10-07) Penalty, see § 135.99