HomeMy WebLinkAbout1317 - Secondhand DealersORDINANCE NO.-13 17
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING SECTIONS 5.20.030 and 5.20.060 OF
THE NEWPORT BEACH MUNICIPAL CODE RELATING
TO DEFINITION OF SECONDHAND DEALERS, AND
LICENSE FEES FOR PAWNBROKERS, JUNK DEALERS,
JUNK COLLECTORS AND SECONDHAND DEALERS
The City Council of the City of Newport Beach does
ordain as follows:
SECTION 1. Section 5.20.030 of the Newport Beach
Municipal Code is: amended to read,.
"5.20.030 Secondhand Dealer Defined. A. DEFINITION.
The term 'secondhand dealer' shall mean a person, firm or
corporation engaged in, conducting, managing or carrying
on the business of buying, selling, or otherwise dealing
in secondhand goods, wares or merchandise.
B. EXEMPTIONS.
1. Any person, firm or corporation who or which
engages in the business of selling genuine antique articles
which are purchased by such person, firm or corporation
directly from a wholesale dealer in such articles, or
which are imported into-the United States of America by
such person, firm or corporation, shall not be deemed to
be a 'secondhand dealer' by reason of engaging in such
business.
2. Any person, firm or corporation who or which
acquires in good faith, identifiable secondhand property
as part or complete payment for other personal property
in the ordinary course of conducting a business of selling
new personal property directly to the consumer, shall not
be deemed to be a 'secondhand dealer' by reason of
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engaging in such business.
3. Any person, firm or corporation who or which
engages in the business of selling used motor vehicles or
used watercraft vessels shall not be deemed to be a
°secondhand dealer' by reason of engaging in such business.
4. Any person, firm, group, association or
corporation who or which acquires in good faith,
identifiable secondhand property for the sole purpose of
distribution of such property by sale, gift or otherwise
in furtherance of its stated objectives of promoting
religious, charitable or educational purposes shall not
be deemed to be a 'secondhand dealer' by reason of
engaging in such activities. Any such person, firm,
group, association or corporation must file a request
46, for exemption as a secondhand dealer with the City Manager
on a form provided by the City. A minimum of seventy -five
percent of the gross proceeds, compensation and earnings
obtained from such activities must be devoted to its
stated religious, charitable or educational purposes in
order to qualify for exemption.
5. The exemptions set forth in paragraphs 1
through 4 of this section do not apply to transactions
involving (a) marine hardware, automotive and motorcycle
parts, and related equipment, with a retail value of over
$50.00; or (b) bicycles and /or their parts, surfboards,
firearms capable of being concealed, cameras and photographic
equipment, typewriters, all business machines, sewing machines,
all musical instruments, snow skis, tape recorders, record
players and television sets."
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SECTION 2. Section 5.20.060 of the Newport Beach
Municipal Code is amended to reads
"5.20.060 License Fees. Every person conducting or
carrying on the business of a pawnbroker, junk dealer, junk
collector or secondhand dealer, as a separate business,
shall pay an annual license fee of One Hundred Dollars
($100), or Five Dollars ($5) per day.
Every person dealing in secondhand merchandise in
connection with and incidental to any other business, shall
pay the license fee required by the laws of the City of
Newport Beach for said other business, plus the additional
sum of Ten Dollars ($10) per annum.
Notwithstanding any provisions of this ordinance to
the contrary, any religious, charitable or educational
society or institution engaging in, conducting, managing
or carrying on the business of secondhand dealer, junk
dealer or junk collector shall not be required to make
payment of any of the fees herein prescribed, provided that
a minimum of seventy -five per cent (75 %) of the gross
proceeds, compensation, and earnings obtained from such
business is devoted to the religious, charitable and
educational purposes, respectively, of such religious,
charitable or educational society or institution."
SECTION 3. This ordinance shall be published once
in the official newspaper of the City, and the same shall be
effective 30.days after the date,of - its_.adoption.
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This ordinance was introduced at a regular meeting
of the City Council of the City of Newport Beach held on
the 27th day of October , 1969, and was adopted on
the loth day of November , 1969 by the following vote,
to wit:
AYES, COUNCILMEN:Mclnnis. Shelton.
Parsons, Marshall, Rogers, Hirth, Gruber
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
ATTEST: C/� J�yZOQ O�\,1Xi�8J
Mayor r
Ci y er c
_ CERTIFIED AS THE ORIGINAL AND
CERTIFIED AS TO PUBLICATION
DATE.CI. L$.: Vii.
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