§ 9-213. License renewal; grounds for revocation

(a) A license granted pursuant to section 9-211 and the requirements of state law shall be renewable one year from the date of issue, and annually thereafter, upon the filing of a renewal application with the director of finance and the payment of a license renewal fee specified by the director of finance.

(b) The license shall be subject to revocation by the city, or an application for renewal may be denied, and the licensee's activity as a secondhand dealer shall be subject to being enjoined pursuant to California Business and Professions Code, Section 21646, for violation of any of the following conditions:

(1) The licensee or any employee thereof shall not engage in any act which is in violation of Chapter 9, Article 4, Sections 21625 through 21653 of the California Business and Professions Code relating to secondhand dealers and secondhand goods as they now exist or may hereafter be amended.

(2) The licensee or any employee thereof shall not be convicted of any offense involving stolen property, as defined for these purposes by the office of attorney general for the State of California.

(3) The licensee or any employee thereof shall not engage in the business of secondhand goods with any minor.

(4) The business shall be carried on only in the building or buildings designated in the license.

(5) The license or a copy thereof, certified by the chief of police, shall be displayed on the premises where it can be easily seen.

(6) Any and all reports required to be filed with the chief of police under state law shall be clearly printed or typed on forms provided by the chief of police from the California Department of Justice so as to be completely legible and shall be signed by the licensee or employee thereof who actually made the transaction described. Any report illegible or unsigned may be rejected by the police department and treated as an unfiled report. Repeated violation of this subsection shall be grounds for revocation of the license or a denial of the renewal thereof.

(c) For purposes of revocation, or denial of an application for renewal, the chief of police, or his designee, shall hold a hearing to consider the grounds for revoking, or denying renewal of, the license. Notice of the hearing, by certified mail, shall be given to the licensee at least ten (10) days prior to the hearing stating the conditions that were violated. The decision of the chief of police or his designee shall be final and shall be based on written findings signed by the chief of police.

(d) Prior to granting renewal of a license, the chief of police shall submit a copy of the renewal application and any necessary fees to the California Department of Justice for comment. If the department of justice does not comment on the renewal application within thirty (30) days thereafter, the chief of police shall grant or deny a renewal application, based on the information then available concerning the applicant's compliance with the laws relating to secondhand dealers.

(Ord. No. 81-16, § 2, 11-16-81)