§ 5.36.030. Transaction record required.

(a)

Every person managing, maintaining or conducting the business of any pawnbroker, secondhand jewelry dealer, or secondhand dealer in the city shall keep, or cause to be kept at the store or place of business, a record in which shall be legibly entered in English, at the time of purchase, sale, exchange, pledge, pawn or other transfer of possession of any article, or loan thereof, information regarding the article, to include, but not be limited to, the following:

(1)

The name and current address of the intended seller or pledger of the property.

(2)

The identification of the intended seller or pledger. The identification of the seller or pledger of the property shall be verified by the person taking the information. The verification shall be valid if the person taking the information reasonably relies on any one of the following documents, provided that the document is currently valid or has been issued within five years and contains a photograph or description, or both, of the person named on it, and, where applicable, is signed by the person, and bears a serial or other identifying number:

a.

A passport of the United States.

b.

A driver's license issued by any state or Canada.

c.

An identification card issued by any state.

d.

An identification card issued by the United States.

e.

A passport from any other country in addition to another item of identification bearing an address.

f.

A matricula consular in addition to another item of identification bearing an address.

(3)

A complete and reasonably accurate description of serialized property, including, but not limited to, the following: serial number and other identifying marks or symbols, owner-applied numbers, manufacturer's named brand, and model name or number. Watches need not be disassembled when special skill or special tools are required to obtain the required information, unless specifically requested to do so by a peace officer. A special tool does not include a penknife, caseknife, or similar instrument and disassembling a watch with a penknife, caseknife, or similar instrument does not constitute a special skill. In all instances where the required information may be obtained by removal of a watchband, then the watchband shall be removed. The cost associated with opening the watch shall be borne by the pawnbroker, secondhand dealer, or customer.

(4)

A complete and reasonably accurate description of nonserialized property, including, but not limited to, the following: size, color, material, manufacturer's pattern name (when known), owner-applied numbers and personalized inscriptions, and other identifying marks or symbols. Watches need not be disassembled when special skill or special tools are required to obtain the required information, unless specifically requested to do so by a peace officer. A special tool does not include a penknife, caseknife, or similar instrument and disassembling a watch with a penknife, caseknife, or similar instrument does not constitute a special skill. In all instances where the required information may be obtained by removal of a watchband, then the watchband shall be removed. The cost associated with opening the watch shall be borne by the pawnbroker, secondhand dealer, or customer.

(5)

A certification by the intended seller or pledger that he is the owner of the property or has the authority of the owner to sell or pledge the property.

(6)

A certification by the intended seller or pledger that to his knowledge and belief the information is true and complete.

(7)

A legible fingerprint taken from the intended seller or pledger, as prescribed by the department of justice. This requirement does not apply to a coin dealer, unless required pursuant to local regulation.

(b)

The record of transactions required by the provisions contained within subsection (a) of this section shall be open for inspection by the police department at any time during business hours; and the police department shall also have the right to thoroughly inspect the premises, store or place where the business so recorded is conducted at any time in search of any lost or stolen property, or to compare the entry kept in such record with the articles located on such premises or place of business. All persons in charge of such business shall each day, excepting Sundays and holidays, furnish or cause to be furnished to the chief of police at 9:00 a.m., a legible and complete copy of such record, to be permanently filed in the offices of the police department which shall be open for inspection only to the police department of the city or upon order of the court duly made for that purpose. The reports shall be made upon forms approved by the chief of police.

(c)

The record of transactions for handguns and firearms shall also adhere to the reporting requirements for handguns and firearms prescribed under current state and federal law.

(Code 1969, § 5.36.030; Ord. No. 130, § 2(3), (4), 1956)

State law reference

Firearm transaction record defined, Penal Code § 16550; reporting requirements for the delivery of firearms, Penal Code §§ 26700—-26915; recordkeeping for the sale, lease or transfer of firearms, Penal Code § 28100 et seq.