§ 26A-4. Regulations.

(a)

Every permittee shall ensure compliance by his or her employees or agents with these regulations. Violation of these regulations by the permittee, or by an employee or agent of the permittee, is grounds for administrative action against the permittee as provided for in this chapter.

(b)

No person under the age of eighteen shall be allowed to pledge, sell or trade any item of property.

(c)

Any person who desires to pawn, sell or trade any item of property must, before said transaction is complete, display acceptable identification. Only the following forms of identification are acceptable:

(1)

Valid driver's license; or

(2)

Valid identification card issued by the California Department of Motor Vehicles; or

(3)

Valid identification issued by a federal, state or local government or agency which contains a photograph or complete physical description of the issuee.

The evidence of identification must contain a complete address of the issuee. Identification which contains a post office box only is insufficient for purposes of these regulations.

The secondhand dealer permittee, employee or agent who serves a customer shall ensure that the identification proffered by the customer reasonably substantiates the identity of the customer in that the evidence of identity and the physical description of the customer proffering the identification appear to agree.

If the customer does not have any of the types of identification listed in subdivisions (1), (2) and (3) of this subsection, then the secondhand dealer permittee, employee or agent may accept a social security card as identification, provided the customer proffering the social security card is personally known to the secondhand dealer permittee, employee or agent.

When the customer's identity has been established by the secondhand dealer permittee, employee or agent, in accordance with this subsection, the customer shall be required to give, and the pawnshop permittee, employee or agent serving the customer shall obtain, before the transaction is completed, a plain fingerprint impression of the right index finger or, if the customer's right index finger is missing, another of his fingers with a designation of which finger is used. The fingerprint impression shall be placed on the second copy of the report of property which is required to be submitted to the Santa Barbara sheriff's department.

(d)

No item of property shall be accepted by the permittee, employee or agent, by way of pledge, purchase or trade, from which the serial number appears to have been removed or altered.

(e)

All pledges, purchases and trades, and all items of property accepted on consignment, shall be entered in a permanent record, on the transaction slips and on the report of property which is submitted to the Santa Barbara sheriff's department. This requirement applies both to items received on the permittee's premises and to items received off the premises, but within Santa Barbara County.

(f)

The permittee shall number each pledge, purchase, consignment or trade consecutively, in order of date and time of receipt.

(g)

Every item of property received by way of pledge, purchase, consignment or trade, whether received on or off the permittee's premises but within Santa Barbara County, shall be reported daily to the Santa Barbara sheriff's department on forms approved by the sheriff.

(1)

This report shall be completed in full, legible, and in the English language.

(2)

An exact duplicate of the form shall be kept on the permittee's premises.

(3)

The description of the property on the report shall contain the following, if applicable, to the extent ascertainable:

(A)

Type of item;

(B)

Manufacturer's name;

(C)

Trade name;

(D)

Serial number (if none, enter "no serial number");

(E)

Model number;

(F)

Inscriptions, if any;

(G)

If jewelry, approximate number of carats;

(H)

If jewelry, type and color of stone;

(I)

If jewelry, type of mounting;

(J)

If jewelry, type and color of metal;

(K)

If jewelry, type of cutting;

(L)

If jewelry, length and thickness of chain or bracelet;

(M)

Any other peculiarity which may serve to identify the item.

(4)

No permittee shall receive, hold or keep on his premises any item of property which is not or was not reported to the Santa Barbara sheriff's department within twenty-four hours after receipt.

(h)

Pursuant to section 21203 of the California Financial Code, every permittee shall keep a record of each sale of an item of property which shall include the information required in subsection (g)(3).

(i)

Every permittee shall display, in a conspicuous location on his premises, the following:

(1)

Current, valid license;

(2)

Secondhand dealer permit; and

(3)

Interest rates charged. This information shall be in letters at least two inches in height.

(j)

The permanent record, all transaction slips, and all reports of property received shall be completed legibly.

(k)

The permanent record, all transaction slips, and all reports of property received shall be maintained on the permittee's premises, in such a way that access to a particular record is not unreasonably difficult or time-consuming, for a period of three years. All such records shall be open to inspection, during regular business hours, upon demand by any Santa Barbara sheriff's department deputy or agent.

(l)

Pursuant to section 21206 of the California Financial Code, each permittee shall allow any Santa Barbara sheriff's department deputy or agent, during normal business hours, to conduct an inspection and/or audit of any property and all business records on the premises, pertaining to the secondhand dealer business.

(m)

Each borrower shall be given a copy of the written contract of pledge.

(n)

Regulations (c) through (h) of this section shall not apply to property purchases of permittee for which he has an original invoice from the distributor or manufacturer.

(Ord. No. 3569, § 1)