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NS-1305
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Last modified
1/3/2012 1:04:42 PM
Creation date
6/26/2003 10:08:05 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-1305
Date
6/7/1976
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ORDINANCE NO. NS-1305 <br />PAGE THREE <br /> <br />of secondhand dealer or pawnbroker has been convicted of a viola- <br />tion of any statute of this State or any ordinance of this City, <br />regulating pawnbrokers or secondhand dealers, or has been con- <br />victed of any crimes involving theft, receiving stolen property, <br />embezzlement, fraud, false pretenses, or moral turpitude, when <br />such conviction bears a reasonable connection to the business <br />for which the certificate is sought, he shall refuse to issue <br />said certificate. Any certificate issued hereunder may be re- <br />voked for failure to maintain the standards required for issuance <br />for same. No person shall carry on the business of a secondhand <br />dealer or pawnbroker within the City without first receiving the <br />certificate herein referred to, from the Chief of Police, and <br />a clearance as to himself and as to each of his employees as <br />herein provided for or after the certificate herein referred to <br />has been revoked; and no person shall employ any person in such <br />business who would be disqualified hereunder from obtaining a <br />certificate to operate such business as herein provided for, <br />or until such employee has been submitted to the Chief of Police <br />for checking as provided for in Section 25-6. <br /> <br /> SECTION 7: Section 25-10 of the Santa Ana Municipal <br />Code is hereby amended to read as follows: <br /> <br />Sec. 25-10. Hours of secondhand dealer and pawn- <br /> broker operation. <br /> <br /> No secondhand dealer or pawnbroker, and no person em- <br />ployed by same, shall buy, trade, take in pawn, accept for <br />sale on consignment, or accept for auctioning secondhand personal <br />property, nor make any loan on any item of personal property <br />except between the hours of seven (7) a.m. and nine (9) p.m. of <br />any day. <br /> <br /> SECTION 8: The Santa Ana Municipal Code is hereby <br />amended by adding a section, to be numbered 25-11, which said <br />section reads as follows: <br /> <br />Sec. 25-11. Exemptions. <br /> <br /> The provisions of this chapter shall not apply to any <br />identifiable secondhand tangible personal property which is exempt <br />from state regulation of this subject, as found in Section 21629 <br />of the Business and Professions Code of this State. <br /> <br /> SECTION 9: The Santa Ana Municipal Code is hereby <br />amended by adding a section, to be numbered 25-12, which said <br />section reads as follows: <br /> <br />Sec. 25-12. Taxation. <br /> <br /> Every person defined as a pawnbroker or secondhand <br />dealer under Section 25-1 shall be considered a retailer for <br />taxation purposes as set forth in Chapter 35 of this Code. <br /> <br /> SECTION 10: Chapter 6 of the Santa Ana Municipal Code <br />is hereby repealed. <br /> <br /> SECTION 11: If any section, subsection, sentence, <br />clause, phrase or portion of this ordinance is for any reason <br />held to be invalid or unconstitutional by the decision of any <br />court of competent jurisdiction, such decision shall not affect <br />the validity of the remaining portions of this ordinance. The <br />city Council of the City of Santa Ana hereby declares that it <br />would have adopted this ordinance and each section, subsection, <br />sentence, clause, phrase or portion thereof irrespective of the <br />fact that any one or more sections, subsections, sentences, <br />clauses, phrases or portions be declared invalid or unconstitu- <br />tional. <br /> <br /> <br />
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