HomeMy WebLinkAboutCC ORD 2012-2377 Amend Title 18 Pawnshops, Secondhand Dealing or Purchase of MetalsORDINANCE NO. 2012 — 2377
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE
BY AMENDING CHAPTER 18.30.320 PERTAINING TO PAWN SHOPS AND
BUSINESSES ENGAGED IN SECONDHAND DEALING AND/OR THE PURCHASE
AND SELLING OF GOLD AND OTHER PRECIOUS METALS, AND AMENDING
THE GLOSSARY FOR TITLE 18 BY AMENDING SECTION 18.50.010
WHEREAS, pursuant to the terms and provisions of the Government Code of the
State of California, proceedings were duly initiated for the amendment of the National City
Municipal Code; and
WHEREAS, pursuant to legal notice, hearings were held by the Planning
Commission and the City Council of National City, and all persons interested were given the
opportunity to appear and be heard before said Planning Commission and City Council; and
WHEREAS, the Planning Commission has regularly and duly certified its report
to the City Council and has recommended such amendment.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
National City as follows:
Section 1. All protests, if any, against said amendment to the Municipal Code and
each of them are hereby denied and overruled.
Section 2. Section 18.30.320 of the Municipal Code is hereby amended to read as
follows:
18.30.320 Pawnshops and businesses engaged in secondhand dealing and/or the
purchase and selling of gold and other precious metals.
A. Restrictions.
1. No pawnshops and businesses engaged in secondhand dealing and/or
the purchase and selling of gold and other precious metals shall be located within 2,000 feet of
another such business. This shall not apply to shopping centers of fifty thousand square feet or
more.
2. Pawn shops and businesses engaged in secondhand dealing and/or the
purchase and selling of gold and other precious metals shall be no closer than two hundred fifty
feet from residential zones.
3. No pawnshop or businesses engaged in secondhand dealing and/or the
purchase and selling of gold and other precious metals shall be located east of Interstate 805.
This shall not apply to shopping centers of fifty thousand square feet or more.
4. A conditional use permit is required.
5. A pawnshop or businesses engaged in secondhand dealing and/or the
purchase and selling of gold and other precious metals that provides payday lending is not
exempt from the regulations of payday lenders.
6. No more than six pawnshops shall be allowed within National City.
7. Secondhand dealers (as defined in the Glossary) shall only be permitted
as accessory to a legitimate retail business that sells as new the item(s) in question as its
primary business function.
a. Total gross receipts of precious metals purchased or taken for
credit shall not exceed 50% of total retail sales of precious metals.
8. All pawnbrokers and secondhand dealers shall require, at minimum, a
secondhand dealer license and shall abide by state -mandated reporting requirements for
secondhand tangible personal property as required in the Business and Professions Code.
a. These requirements shall also be required of retail businesses
that offer trade-ins or credit for secondhand tangible personal property.
Section 3. Section 18.50.010 of the Municipal Code is hereby amended by adding
the following definitions:
Secondhand Dealer. A "Secondhand Dealer" means and includes any person, co-
partnership, firm, or corporation whose business includes buying, selling, trading, taking in
pawn, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand
tangible personal property, as defined in this Glossary.
Secondhand tangible personal property. "Secondhand tangible personal property"
includes, but is not limited to, all secondhand tangible personal property that bears a serial
number or personalized initials or inscription or which, at the time it is acquired by the
secondhand dealer, bears evidence of having had a serial number or personalized initials or
inscription, as defined by the California Business & Professions Code. In addition, secondhand
tangible personal property also includes precious metals such as gold, silver, platinum, and
jewelry.
PASSED AND ADOPTED this 30th day of Octob , ►012.
ATTEST:
PROVED AS TO FORM:
Claudi.:. citua Silva
City At
2
n Morrison, Mayor
Ordinance No. 2012-2377
Amending Sections 18.30.320 & 18.50.010
Pawnbroker, secondhand & precious metal dealing establishments
Passed and adopted by the Council of the City of National City, California, on October
30, 2012 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
By:
RON MORRISON
Mayor of the City of National City, California
la/att
City Clerk of the City o National City, California
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on October 16, 2012 and on October 30, 2012.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or
that the reading of said ordinance in full was dispensed with by a vote of not Tess than a
majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its
passage a written or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2012-2377 of the City Council of the City of National City, passed
and adopted by the Council of said City on October 30, 2012.
By:
City Clerk of the City of National City, California
Deputy