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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
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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.
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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,
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CITY CUN OF TNS CITY OF WPORT ®EA