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Home My WebLink AboutORD 3288• ORIGINAL 0 R fl ! N ,\ N C 1·: N 0 • 3 2 8 8 ORDlt~MlCF OF Till·: ~'Ol!NCrL :)!-' T!Tt-:cf·py OF P!\LD ALTO .1:\DDING Cl·:tfT'/\lN SECTIONS TO Cfi.~TER 4.10 OF TIH~ Pf,LO AL1'0 MlJNlCI PJ\L COOE l\ND H:EPEALING CHAPTER 4. 14 The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Sections 4.10.160, 4.10.170, 4.10.180, 4t10.190, 4.10.2'00;' a.1o:21o, 4.10.220, 4.10.230, 4.10.240, 4.10.250, 4.10.260, • 4.10.270, and 4.10.280 are hereby added to the Palo Alto Municipal Coqe to rea~ as follows: •4.10.160 Theater. (a) A theatrical business picture exhibitions, vaudeville-performances, plays, shows, lectures, contests or ~xhibitions. includes motion entertainments, (b) The fee Ern a theater 1 \'-.>2nse shall be as .set forth in the municipal fee schedulE.!. If the business is to h~ carried on for less than eight days, the daily fee shall be as set forth in the municipal fee schedule. 4~10~170 E~hibiting motion picture titles-Misrepresentations- Advertising. It shall be the duty of the pet:~:;on con.duct1ng any the ater or motion picture theater in th0 city, to exhibit in front of the theater or motion picture theatet· the title or titles o E a 11 per for mances and motion pictures being given therein. No person shall place or maintain in public vii:""' any f'i_i.qr;, p.i.ctut·e, ac\'v(•ttisement or other announcemer:t which misrepre.sents th~ motior pictures ....,•hich ace being s how n , o t: t o be shown , or o t he r p e r f or· m a n c e s w h i c h a r e be i n 9 g i v en 1 or are to be givenr in any theater or motion picture thcatec. 4~HI.H~O Skating rin~. (a) Slcat.inq r:ink incll.ldes roller, ice, skat:"?'bc .rd a.ncl other similar activitiPs, (b) The fee for a sk0tinq ri.n'i< shall he as set fot:th 1n the rnuni cipal fee schedule. 4~10.190 Junk dealer. (a) .:Junk det"\lE·rrt means any person who engages in the business of buying or seJ.lin.<J old rope, iron, brass, C(>PP~~rr tin, rags, bottlPs, or any other worn out or discarded mate riaL (b) The fee for a junk dealer license shall be as set forth in the municipal fee schedule. 4.10 .. 200 Pawnbrokers prohibited. It is IJnla~ful for anyone to c.:1rry on the business of pawnbroker within the city. 4.10.210 Secondhand dealer defined. ASecondhand dealer" means any person principally engaged in conducting, managinq or carrying on th·e business of buy i nq, selling or otherw bH~ de a 1 ing in secondhand goo~s, wares ~nd merchandise as defined in this chapter. 4~ t0 .. 220 Secondhand goods, wares and merchandise de!fin.ed., Secondhan~ qoods, wares and merchandise shalt not include rags, bottles other than milk or cream bottles, sacks other than cement sacks, bar rels, cans, shoes, books, lamps, stoves or household or office furni· ture, with the exception of sewing machines, musical instruments, type writers, portable radios and televiscns or any motor vehicle, trailer, or semitrailer which has been registered in California, as required by law. .. . ' • 4.10 .. 230 Daily report of purchases by secondhand dealer. (a) E v e r y :s e co n d h ,1 n ~.1 d l'' ,, l c r :; h a 1 l , o n P a c h <i .:~ y ro x c f" p t s u n d . 1 y s <1 n r l 1 P '1 ,, 1 holidays, befon' tiw honr 1)f ten a.m., mak<." ,1nd d,.,l iv~"'t· 1 o the chief of police in writing .::~ full, tru-e and complete report, in chronolo<)ical Ot'der, of all dealings in secondhand goods, wares, and merchandise by such secondhand dP.al~r within the city durinq the twentyfour hours next preceding said report, t:ogethe r with the time of day when purchased or received, a complete description of each acticle purchased or received and a description of the person or persons from whom purchased or re ceived or with whom dealt, and also the true name of such person or per.sons as nearly as the same is known to or can be ascertained by the• person making such report. If any such a~ticle purchase~ or received has eng~av~d or stamped thereon any number, word, or initial, or con tains any setting of any kind_, the description of such article shall contain such number, w·ork or initial, and shall show the kind of set ting or settinqs and the number of each kind. (b) The report required ir! this section shall be made upon a form to be furnished ft'!?(! of charge by the chief of pol ice. The chief of police shall cause blank forms to be printed containing spaces with the proper captions for the furnishing of the information required by this chapter. (c) 'rhe chief of police, upon rer.cipt of s,,.jd repor.·t, shall file the £),J.me in som{~ ~-,ocure pL1ce in rlis offi.~e, and the r:0ports .:;hall be open to inspection or1ly lo members of the potic€ depar:tment, or any other law enforcement agency, or by others U0)n an order of a court of competent jurisdiction made fer that purpose. 4. UL 240 Copies of .report kept by dealer. Svery secondhand de~ler shall keep at his place of business a copy of ~very report re quired by Secti.on 4.10.230 hereof, and such copy shall be open at all times during business hours to the inspection of the chief of police or any rl\!~mber of the police departmc>nt or any officer authorized by law. The report shall be in book form, and each transaction shall b0 kept in chronological orde~. 4.10.250 Reports and records in English L~nguage. E~o,•P.-cy re port and record required by the provisions of this chapter to be filed, kept or made shall be written or printed entirely in the English lan guage in a clear and legible manner and shall be made out at the time the transaction is made. 4.10.260 Failure to aake report. It is unlawful for any secondhand dealer or for any agent 1;r employee of such secondhand dealer to fa i 1, refuse, or neg 1 ect t·::~ file a repot"t, as required here in, in the manner, form, at the time and in all respects in accordance with the requirements of this chapter, or to fail, refuse, or neglect or exhibit to the chief of police, or to any member of the police de partment, or to any officer authorized by law, immediately upon demand, ~ny such record or report, or any goods, wares, and merchandise so pur chased or received by such secondhand dealer, o~ by any agent or em ployee of such secondhand dealer. 4.10~270 Goods held for inspection. All goods, wares, and merchandise purc·hased or received by any secondhand dealer shall be held for a period of at leaRt twenty days after purchase or receipt be fore the same shall be sold or otherwise disposed of, and during such twenty-day period a 11 such property sha 11 be kept .separate and apart from all other qoods, waresr and merchandise upon the premises in the pocsession of such secondhand dealer, and all such property shall, dur ing said twenty-day period, be kept and exposed for police inspection during business hours. -2- ' ..... • 4.10.280 Exemptions-Thf' provisions of th.is chaptF>r sholl not: apply to scconrlhand qoods, warps, and m0rchandise: (1} Purchase~ at a public sale or auctioni (2) Purchased from any person holding a state boar~ of equaliza tion permit number as a seller~ (3) Accepted in trade on the purchase of new merchandise; (4) Received or purchased by any religious, charitable, civic, or • fraternal organization for purposes of resale.• SECTION 2. The Council hereby repeals Chapter 4.14 of theo Palo Alto Mun1c1paf Code·. SECTION 3. The Council finds that this is not a project under th~ Californ1a Environmental Quality Act and, therefore, no environmental impact assessment is necessary. SECTION 4. This ordinance shall become effective upon the com menceme~o-r-the thirty-first. day after the day of its passage-. INTRODUCED: June 8, 1981 PASSED: June 22, 1981 AYES: NOES: Bechtel, Eyerly 1 Fazzino, Renzel, Witherspoon None ABSTENTIONS: None ABSE:NT! None AT;pr;: .u~/.4· C1t.y Cl r. APPROVED AS TO FORM: ~~ C 1 ty .ll.t torney () ---~.:.....::;;;;;....---~-~ .....,.....-:=..... c ,\?PROVED: /' J/ ~£ ·~· ;·-~ -~·J..£:t!::),.·,;.}..- M~fOr -3-