HomeMy WebLinkAbout6.07 Ord Secondhand Dealers Junk Dealers f
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C CITY. OF:=DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: January 26, -1987
SUBJECT PUBLIC HEARING: ' Ordinance Relating to Secondhand
Dealers and Junk Dealers
EXHIBITS ATTACHED Memoranda from Assistant City Attorney dated
February 13, 1986 and December 15, 1986; Draft
Ordinance
RECOMMENDATION ( .; Open Public Hearing
Receive Staff Presentation
Hear Public Testimony
Close Public Hearing •
Waive Reading and Introduce Ordinance
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FINANCIAL STATEMENT: The amount of a license fee will have to be
established at a later time by resolution.
DESCRIPTION The attached proposed ordinance is brought to the City
Council as part of the comprehensive revision of the City's ordinances and
development of a Municipal Code.
This proposed ordinance would replace Title 1, Chapter 5 of the Alameda
County Code, which the City adopted by Ordinance No. 13-82.
This ordinance requires Secondhand Dealers and Junk Dealers to comply with
the provisions of State Law and the City's Zoning Ordinance.
COPIES TO: "
ITEM NO 6.4,
Arf. � -'v 2e_s"4L �� ....4'sK._7.. '9 L^? .b
N AVE SILVER •
ILVER' OAKLAND OFFICE: `
V MICHAEL R.NAVE - - _ ATTORNEYS AT LAW • 4014 LAKESHORE AVENUE
ELIZABETH'H.SILVER 1220 HOWARD AVENUE.SUITE 250 OAKLAND.CALIFORNIA 94610
TELEPHONE:1415)420.7855
BURLINGAME, CALIFORNIA .
94011-0208 " REPLY TO Oakland
1415)348-7130 .
MEMORANDUM
'
TO Richard Ambrose, City Manager DATE: 2/13/86
FROM: Elizabeth H. Silver
RE: Municipal Code -'Auctioneers (County Code Title 2, Chapter 4)
and Secondhand Dealers (County Code Title 2, Chapter 5) `
In our review of - the County Code I noted we would keep .Title 2,
Chapter 4, dealing with auctions and auctioneers. These
provisions are no longer necessary.. Business and Professions Code
§•" 5700 et seq ("Auctioneer and. Auction Licensing Act") provides .
for..the' licensing of auctioneers by the State. It contains . -
detailed requirements for licensing, bonding, suspension and .
revocation of licenses, etc.
Likewise, it is not necessary to require secondhand dealers to .
obtain permits. Business and Professions Code §§ 21625 21667
require secondhand dealers to obtain a license from the Chief of
Police. These sections require retention of goods, reporting,
etc. Although a city can enact an ordinance dealing with
reporting, holding or releasing of such goods, such an ordinance
cannot be inconsistent with State law. It does not seem necessary
to me to duplicate the State law.
I would suggest we include _a section in the Municipal Code
indicating that auctioneers and secondhand dealers are subject to
State 'licensing requirements, and specifying that any such
businesses must comply with the City Zoning Ordinance. This will
assist City staff and the public in determining what requirements
apply to auctioneers and secondhand dealers.. .`Attached is a "
suggested ordinance. .
Elizabeth H. Silver
EHS/cda
Attachment •
cc: Tom Shores, ` Chief of Police w/attachment
Z.
� tk
S
NAVE & SILVER
MICHAEL R.NAVE - ATTORNEYS AT LAW - _ EAST BAY OFFICE:
ELIZABETH H.SILVER - - 1220 HOWARD AVENUE. SUITE 250 CIVIC CENTER COMPLEX
P.O. BOX 208 835 E. 14TH STREET
SAN LEANDRO.CALIFORNIA 94577
BURLINGAME. CALIFORNIA TELEPHONE:14151 577-3333
9401'1-0208
(415)348-7130 - REPLY TO
San Leandro
MEMORANDUM
TO: Richard Ambrose, City Manager DATE: 12/1.5/86
FROM: Elizabeth H. Silver
RE: Secondhand Dealer Ordinance . •
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Attached is the Secondhand Dealer Ordinance with revisions.
Business and Professions Code §S 21641 and 21642 do require the
Chief of Police to issue an initial license and a renewal
license. The fee for the initial license is established by the
Department of. Justice and the fee for the renewal license is set
by the City. -Since the procedures for issuance of the license are
set forth in these sections of the Business and Professions Code,
I revised the ordinance to refer to them specifically.
Elizabeth. H. Silver
EHS/cw
Attachment
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a
RECEIVED
DEC :1"71986
ORDINANCE NO 86 ..
AN ORDINANCE OF THE CITY OF DUBLIN. RELATING
TO, SECONDHAND DEALERS AND JUNK DEALERS
The City Council of the City of Dublin does ordain as follows:
Section 1 . Anyone wishing to conduct the business of
secondhand dealer or -junk dealer within the City of Dublin shall
comply with the requirements of State law (Business and
Professions Code §§ 21600. et seq. ) and the City Zoning Code. Any
such person wishing to conduct the business of secondhand dealer
shall obtain a license and renewal license from the Chief of
Police in accordance with the provisions of Business and
Professions Code §§ 21641 and .21642.
Section 2. The amount of,:-.any license renewal fee for
conducting such business shall be established by resolution.
Section 3. . This Ordinance shall supersede: the provisions of
Chapter 5. of Title 2 of the Alameda. County Code, as adopted
by Dublin Ordinance No. 13.
Section 4. This Ordinance shall take effect and be in. force
thirty (30 ) days from and after the date of its passage. The City
Clerk of the City of Dublin shall cause this Ordinance to be
posted in at least three (3 ) public places in. the City of Dublin
in accordance with Section 36.933 of the. Government Code of the
State of California.
' PASSED AND ADOPTED by the City Council of the City of Dublin
on this . day of , 1986 , by the following vote:
- AYES:
NOES:
ABSENT:
Mayor
ATTEST: .
City Clerk
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