Ordinance 1117. • •
ORDINANCE N0. 1117
AN ORDINANCE OF THE CITY OF CUPERTINO ADDING CNAPTER 5.40
TO TITLE S OF THE CUPERTDVO MUNICIPAL CODE RELATING TO
SECONDHAND DEALERS AND DECLARING THE URGENCY TNEREOP, TO
TAKE EFFECT IIA~DIATELY
The City Council of the City of Cupertino, County
of Santa Clara, State of California, do ordain as fol-
lows:
Section 1. Chapter 5.40, is added to Title 5 of the
City of Cupertino Ordinance Code to read:
5.40.010. Authority.
Pursuant to the authority provided in Article 4
(commencing with Section 21625) of Chapter 9 of Di-
vision 8 of the Business and Professions Code, the City
of Cupertino establishes the following requirements for
the conduct of secondhand dealer business within the
city limits.
5.40.020. Definitions.
The definitions contained in Article 4 of
Chapter 9 of Division 8 of the Business and Professions
Code are incorporated herein.
5.40.030. Right of inspection-Records.
Every secondhand dealer licensed under Business
and Professions Code section 21641, shall produce his
business records for inspection by the following per-
..~
sons: • •
(a) Any officer holding a warrant authorizing
him to search for tangible personal property, as defined
in Business and Professions code section 21627.
(b) Any person appointed by the sheriff of the
county of Santa Clara or by the City Manager of the City
of Cupertino.
(c) Any officer holding a court order
directing him to search for tangible personal property, as
defined in Business and Professions Code section 21627.
Such inspection shall be for the purpose of insuring
compliance with the reporting requirements of the
Business and Professions Code section 21628.
5.40.040. Right of Inspection-Property.
Every secondhand dealer licensed under Business and
Professions Code section 21641, shall produce for in-
spection, upon request of any officer specified in the
previous section, all tangible personal property, as
defined in Business and Professions Code section 21627,
which such secondhand dealer shall have acquired in the
course of business within the previous 30 days.
(a) Such inspection shall be for the purpose
of insuring compliance with the reporting requirements of
Business and Professions. Code section 21628.
5.40.050. Alteration and Original State.
All tangible personal property, as defined in
Business and Professions Code section 21627, acquired in
the course of business and subject to the reporting
requirements of Business and Professions Code section
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21628, shall~e segregated and shall n~be altered from
its oriyinal state and appearance until after the 30 day
period as specified in Business and Professions Code .
section 21636 or until earlier release pursuant to
Business and Professions Code section 21636.
5.40.060. License Application Fee; Investigation
The fee for processing an application for a
license under Business and Professions Code section 21641
shall be thirty dollars (530.00) in addition to any fee
required by the Department of Justice. The fee for
renewal of a license shall be thirty dollars ($30.00).
Section 2. This is an urgency measure necessary for the
preservation of public peace, health, or safety and shall
be into immediate effect. The facts constituting such
necessity are: There is a need to establish an admini-
strative system for licensing of secondhand dealers
immediately so that state law may be implemented and the
county obtain reimbursement for aassociated costs.
PASSED AND ADOPTED by the City Council, City of
Cupertino, County of Santa Clara, State of California, on
June 1 , 1981, by the following vote:
AYES.: Johnson, Gatto, Plungy, Members of the City Council:
Rogers, Sparks
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROy&Bt i- _
Ctty Cleri3t Ma r, Cf~o uf"~`, pertino
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