05-17-1976 - Laserfiche WebLink

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Deputy'£ity Attorney Michael Karger reported that as a result of a meeting with a group of Santa Aha secondhand dealers and pawnbrokers, a modification to the ordinance, presented to Council on May 3, is recommended which would delete the require- ment to report the sale of secondhand goods; and that the Police Chief concurred in the recommendation. There was no response to Mayor Garthe's call for comment from proponents of the ordinance. The following persons spoke in response to the call for opponents' comments: Theda Curnatt, 803 South Main Marie Forsythe, 1221 South Main E. W. Dowander, 304 E. 16th Lee Mackenzie, 1032 S. Main Street The opponents stated that the proposed ordinance seems to be more restrictive than the regulations imposed by the California State Business and:Professions Code despite representations from the Deputy City Attorney that they are "practically the same"; that few people were aware of the existing section in the Municipal Code regulating secondhand and antique dealers; that it is too restrictive and discriminatory for those in business considering that there is no regulation at all for "professional garage sales"; that. all of those engaged in the business have not been notified or there would have been a greater turnout; that tangible personal property'should be more clearly defined; that stolen merchandise is not coming into antique stores; and that. the ordinance will not solve any of the Police Depart- ment problems. Police Chief Davis stated that the present City law, which has been in effect for a number of years, is more restrictive than the State Code; and that it has been liberally construed by the Police Department. There were no other proponents er opponents, and the Mayor closed the hearing. ORDINANCE NS-1305 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE SECTIONS 25-1 THROUGH 25-3, 25-6, AND 25-7, AND ADDING SECTIONS 25-11 AND 25-12, DEFINING AND REGULATING SECONDHAND DEALERS AND PAWNBROKERS, AND REPEALING CHAPTER 6 OF THE SANTA ANA MUNICIPAL CODE was placed on first reading, on the motion of Councilman Evans, seconded by Councilman Yamamoto and carried (5:1), with Coun- cilman Bricken dissenting. The Council discussion prior to the vote on the motion manifested their concern with the lack of.awareness, among pawnbrokers, secondhand dealers and auctioneers operating in the community, of the existing ordinance or the proposed amendment (Ordinance N$-1305]. Council sought, and received, assurances from Staff that the proposed amendment was not more restrictive than the existing ordinances; that copies of the ordinance together with the time, place and date of the hearing had been mailed to over 100 of the businesses in the City that would be affected by the ordinance. Councilman Bricken requested the ',Register" reporter to help by writing a news article regarding the Council's action and the contemplated final adoption of the ordinance on June 7, 1976. CA 91.2 CA 91.4 CITY COUNCIL MINUTES 196 MAY 17, 1976