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Except as otherwise provided herein, an application for a permit pursuant to the provisions of this Article shall specify:
(a) The address of the location for which the permit is required, together with the business name of such location.
(b) The name and proposed business address of the applicant; if the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation; and the applicant shall also set forth the date and place of incorporation; the names and residence addresses of each of the officers, directors, and each stockholder owning more than 10 per cent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this Section pertaining to a corporate applicant apply.
(c) Whether or not the applicant has ever been convicted of any crime except misdemeanor traffic violations and if so convicted, the place and court in which the conviction was had, the specific charge under which the conviction was obtained, and the sentence imposed as the result of said conviction.
(d) The names and addresses of the persons who have authority or control over the place for which the permit is requested, and a brief statement of the nature and extent of such authority and control.
(e) Such information pertinent to the operation of the proposed activity, including information as to management and authority control, as the Chief of Police may require of an applicant in addition to the other requirements of this Section.
(f) The address to which notice, when required, is to be sent or mailed, and the name and address of a person authorized to accept service of process, if not otherwise set forth herein.
(g) Whether the application is for a new permit or for the renewal of an existing permit.
(h) The Chief of Police shall require fingerprint identification of the permit applicant if a sole proprietor, the general partner or partners of a partnership if filing for an application, and all those having control and authority over the pawnbroking business for which the permit is to be issued.
(Added by Ord. 299-72, App. 10/19/72)
The provisions of Section 2803 (h) entitled "Application Form" relating to requirements for corporate applicants shall not apply to any of the following:
(1) A corporation, the stock of which is listed on a stock exchange in the State of California or in the City of New York, State of New York.
(2) A bank, trust company, financial institution or the company to which application is made or to whom a license is issued in a fiduciary capacity.
(3) A corporation which is required by law to file periodic reports with the Securities and Exchange Commission.
(Added by Ord. 299-72, App. 10/19/72)
When an application is filed for a new permit, or in the case of a change of location of an existing permit under this Article, the Chief of Police shall fix a time and place for a public hearing thereon within 40 days from the date of filing said application. Not less than 10 days before the date of such hearing, the Chief of Police shall cause to be posted a notice of such hearing in a conspicuous place on the property in which or on which the proposed pawnbroking business is to be operated and the applicant shall maintain said notice as posted the required number of days.
(Amended by Ord. 209-73, App. 6/6/73)
The Chief of Police may issue a permit within 14 days following the hearing as provided in Section 2806 herein, based upon his investigation and subsequent to the public hearing provided for above, if he finds:
(1) That the operation, as proposed by the applicant, if permitted, would comply with all applicable laws, including but not limited to, the City's building, health, zoning and fire ordinances.
(2) That the applicant and any other person who will be directly engaged in the management and operation of a pawnbroking business has not been convicted in a court of competent jurisdiction, by final judgment of:
(a) An offense involving the use of force and violence upon the person of another that amounts to a felony, or if committed without the State of California would amount to a felony if committed within the State of California;
(b) An offense involving the use of force and violence upon the person of another, provided that such person committed three separate offenses within the past five years.
(3) That the applicant has not knowingly made any false, misleading, or fraudulent statement of facts in the permit application or any other document required by the Chief of Police in conjunction therewith.
(Added by Ord. 299-72, App. 10/19/72)
Only one permit for operation of the business of pawnbroking may be issued to any person or combination of persons, corporations or co-partnerships. Any person, corporation or co-partnership who presently holds more than one permit to operate the business of pawnbroking shall be exempt from this provision when filing for new permits under this Article.
(Added by Ord. 299-72, App. 10/19/72)
No person, firm, corporation, co-partnership or association shall engage in the business of pawnbroking or keep its place of business open or transact any business therein on any day except Monday through Friday between the hours of 8:00 a.m. and 6:30 p.m., and Saturday and Sunday between the hours of 8:00 a.m. and 7:30 p.m. No person, firm, corporation, co-partnership or association shall engage in the business of pawnbroking or keep its place of business open or transact business on any of the following days, New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
(Added by Ord. 299-72, App. 10/19/72; Ord. 103-06, File No. 060013, App. 5/19/2006; Ord. 111-06, File No. 060672, App. 5/19/2006)
Editor's note:
Ordinances 103-06 and 111-06 should be considered in tandem. Ordinance 103-06 amended Section 2809 to allow pawnbrokers to operate on Mondays following a holiday. Ordinance 111-06 amended Section 2809 to allow pawnbrokers to operate on Sundays. The Board of Supervisors consecutively passed both ordinances at the same session. The Mayor approved both ordinances on May 19, 2006.
Every person in the business of pawnbroking shall keep a record of all such articles sold or purchased, including the signature of the person selling the same, which shall be open to the inspection of the Chief of Police or, of any police officer, at all times during business hours.
(Added by Ord. 299-72, App. 10/19/72)
The Chief of Police shall cause blanks to be printed which shall be so subdivided that they shall have space for writing the following:
Description of the article purchased, description of the article sold, description of article otherwise dealt with, name and residence of person, firm or corporation from whom purchased, name and place of residence of person, firm or corporation to whom sold, name and place of residence of person, firm or corporation with whom otherwise dealt, showing true name as nearly as known, age, sex, complexion, color of mustache or beard, or where both are worn, style of dress, height, also the time when the articles were purchased, sold, or otherwise dealt with.
Said blanks shall also bear a caption providing blank spaces in which to fill in dates of said report, the name and place of residence of the person making the sale, and the hour of day when made.
(Added by Ord. 299-72, App. 10/19/72)
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