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HomeMy WebLinkAbout1679 - Secondhand Dealersv `c ORDINANCE NO. 1679 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 engaging in such business. • 3. Any person, firm or corporation who or which • E 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 for exemption as a secondhand dealer with the City Manager on a form provided by the City. A minimum of seventy -five percent (75 %) 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 Fifty Dollars ($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." SECTION 2. Section 5.20.060 of the Newport Beach Municipal Code is amended to read: "5.20.060. License Fees. Every person conductinq 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 and Ten Dollars ($110.00), or Five Dollars ($5.00) per day. -2 -- • 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 ($10.00) 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 percent (758) 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 thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the Toth day of May _, 1976, and was adopted on the 24th day of 'May 1976, by the following vote, to wit: AYES, COUNCILMEN: Rogers, Dostal, Barrett, Kuehn, McInnis, Williams NOES, COUNCILMEN: None ATTEST: 1 City Clerk CERTIFIFO AS THE ORIGINAL AND DDO : yz CERTIFIED AS TO PUBLICATION 5/3/76 DATE ........"Z 7_-.24, ...- 7G _ _ _.._.. _ ..... ..........._._ CITY CUN OF TNS CITY OF WPORT ®EA