A. The chief of police shall cause such investigation of the application to be made as the chief deems necessary and shall, within thirty (30) days after the return of the secondhand dealer application from the California Department of Justice, deny or issue the permit as applied for or on condition. If the applicant has been convicted of an offense involving stolen property as defined in Business and Professions Code Section 21641, the chief of police shall cause such investigation of the application as the chief deems necessary and shall, within sixty (60) days after the return of the secondhand dealer application from the Department of Justice, deny or issue the permit as applied for or on condition. The chief of police may extend the period of investigation for an additional forty-five (45) days upon giving the applicant written notice. Failure of the chief of police to act within the specified time period shall not result in, and shall not entitle the applicant to, issuance of the permit.
1. The duties and responsibilities imposed by this chapter upon the chief of police may be assigned or delegated by the chief to such employees or representatives of the police department as the chief deems necessary and appropriate.
B. The chief of police may deny the permit if the chief finds that the applicant:
1. Has been convicted of a felony offense involving stolen property within ten (10) years from the date of the application for the permit; or
2. Has been convicted of a felony offense involving stolen property more than ten (10) years before the date of the application for the permit and:
a. Has been convicted of engaging in unlawful fraudulent, unfair or deceptive business practices within ten (10) years from the date of application, or
b. Has been convicted of: (i) any felony within ten (10) years from the date of application, or (ii) any misdemeanor involving moral turpitude within ten (10) years from the date of application, which is substantially related to the qualifications, functions, or duties of being a secondhand dealer, or
c. Has violated any law or regulation of the United States, or any state, county, county and city, or city, with respect to being a secondhand dealer within ten (10) years from the date of application; or
3. Has been convicted of a misdemeanor involving stolen property within five years from the date of the permit application; provided that, no person shall be denied a secondhand dealer license solely on the ground that he or she violated any provision contained in Article IV (commencing with Section 21625) or Article V (commencing with Section 21650) of Division 8 of the Business and Professions Code, or any provision contained in Chapter 2 (commencing with Section 21200) of Division 8 of the Financial Code, unless the violation demonstrates a pattern of conduct; or
4. Has been convicted of a misdemeanor involving stolen property more than five years from the date of application and:
a. Has been convicted of engaging in unlawful, fraudulent, unfair or deceptive business practices within ten (10) years from the date of application, or
b. Has been convicted of: (i) any felony within ten (10) years from the date of application, or (ii) any misdemeanor involving moral turpitude within five years from the date of application, which is substantially related to the qualifications, functions, or duties of being a secondhand dealer, or
c. Has violated any law or regulation of the United States, or any state, county, county and city, or city with respect to being a secondhand dealer within ten (10) years from the date of application; or
5. Has made any material misrepresentation, misstatement or concealment on the permit application, or has failed or refused to provide information requested by the chief of police during the investigation.
C. The computation of time begins with the date of conviction, release from confinement, formal release from probation period, or formal release from parole, whichever is the latest date.
D. For purposes of this section, "convicted" means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
E. An offense involving stolen property means a conviction for an attempt to receive stolen property or any other offense involving stolen property as referenced in Business and Professions Code Section 21641.
F. In addition to the grounds specified above, the chief of police may also deny the permit if the chief reasonably determines that the location of the business in the application will violate any law or lawful regulation of the city, the state, the United States or any agency thereof. The chief of police may also deny a permit if the chief of police shall reasonably determine that the conduct of such business or activity by the applicant at the location for which application is made will violate any law or lawful regulation of the city, the state, the United States or any agency thereof, or is likely to constitute a public nuisance, or by reason of the nature of the activity or subject of the business or the proposed location, can reasonably be expected to be substantially detrimental to the health or safety of the public.
G. Upon issuance of any permit, the chief of police may limit the permit by any condition reasonably necessary to achieve the intent and purpose of this chapter. Additionally, each permit issued or renewed pursuant to this chapter shall be deemed subject to the following conditions, regardless of whether said conditions appear in print on the permit issued by the chief of police:
1. The business shall be carried on only in the building or buildings designated on the license;
2. The license or a copy thereof, certified by the chief of police, shall be displayed on the premises where it easily can be seen by members of the public;
3. The licensee shall not engage in the business of secondhand dealer as defined in Section 21626 of the Business and Professions Code with any minor;
4. The licensee shall not engage in any activity which the licensee knows or reasonably should know to be a violation of this article or in violation of Article IV, Chapter 9, Division 8 of the Business and Professions Code;
5. The licensee shall not be convicted of an attempt to receive stolen property or any other offense involving stolen property. For purposes of this paragraph, "convicted" means a plea of or verdict of guilty or a conviction following a plea of nolo contendere. Any action which the chief of police is permitted to take following the establishment of a conviction may be taken when the time for appeal has lapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Penal Code Section 1203.4. (Prior code § 58.02.014)