5.85.120 - Junk dealer and/or recycler establishment permit required.
A. No person shall own, operate, or manage any junk dealer and/or recycler establishment in any location within the city without first having obtained a junk dealer and/or recycler business establishment permit from the Chief of Police.
B. Any person desiring to own or operate a junk dealer and/or recycler establishment must first obtain (1) a city business tax certificate pursuant to Chapter 5.04 of this Code, (2) a minor conditional use permit pursuant to Chapter 19.730 of this Code, and (3) a current and active California Weighmaster License in accordance with Business and Professions Code Sections 12703 and 12733, in order to obtain a junk dealer and/or recycler establishment permit from the Chief of Police.
C. The person(s) must file, under penalty of perjury, a written application on forms provided by and submitted to the Chief of Police. Fee amounts for the application may be established by resolution of the city council.
D. In accordance with California Business and Professions Code Sections 12703 and 12733, the applicant shall attach to the application documentation to the satisfaction of the city that the applicant holds a current and active California Weighmaster License. A copy of the applicant's current weighmaster license shall be displayed in a prominent location at each location where the applicant conducts business.
E. The applicant shall acknowledge having read Penal Code Section 496a, which shall be promptly set forth within the application in bold type.
F. The application shall be completed and signed by the owner of the proposed junk dealer and/or recycler establishment, if a sole proprietorship; one general partner, if the owner is a partnership; or two officers, if the owner is a corporation. The application shall be deemed complete if it contains or is accompanied by the following information:
1. A description of the type of ownership of the business (i.e., whether by individual, partnership, corporation, or otherwise). If the applicant is a corporation, the application shall include the names and residence addresses of each of its current officers and directors. If the applicant is a partnership, the application shall include the names and residence addresses of each of its officers and partners.
2. A detailed description of all services to be provided at the junk dealer and/or recycler establishment.
3. The proposed business name.
4. The complete address and all telephone numbers of the business.
5. A complete list of the names and residence addresses of all proposed employees or volunteers with a description of the job duties and functions of each. In the event of corporation ownership, the applicant must also include the name and residence address of the responsible employee to be principally in charge of the day-to-day operations of the business.
6. Possess original valid licenses, permits, and certificates for the business as described in Section 5.85.120(B) of this chapter.
7. A description of any other business owned or operated by the applicant within the State of California.
8. The following personal information concerning every owner:
a. Full complete name and all aliases used;
b. Current residence address and residential addresses for five years immediately preceding the present address, and the inclusive dates for each such address;
c. The complete business, occupation, and employment history for five years preceding the date of application including, but not limited to, junk dealer and/or recycler and similar business history and experience;
d. The complete permit history including, but not limited to, permit history for junk dealer and/or recycler establishments, or similar businesses; whether such person has ever had any permit or license issued by any agency, board, city, county, territory, or state; the date of issuance; and whether the permit or license was denied, revoked, or suspended;
e. A complete set of the applicant's fingerprints submitted through the Livescan system. The applicant shall be responsible for payment of any fingerprinting fee.
f. Date of birth and original documentation to verify both the applicant's identity and employment authorization (if applicable), as listed under 8 U.S.C. Section 1324a(b)(1) and 8. C.F.R. Section 274a.2(b)(1);
g. All criminal convictions, including pleas of nolo contendere, within the last ten years, including those dismissed pursuant to Penal Code Section 1203.4, and the date and place of each such conviction and reason and sentence thereof; and
h. All pending criminal charges for which the applicant is currently out of custody on bail or on his/her own recognizance.
9. The name and address of the owner or lessor of the real property upon or in which the business is to be conducted. If the applicant is not the property, the application must be accompanied by an acknowledgement from the property owner that a junk dealer and/or recycler establishment will be located on the property.
10. The name and address of any junk dealer and/or recycler establishment or other business wherein junk dealing and/or scrap metal recycling occurs, owned or operated by any applicant.
11. Such other identification and information as the Chief of Police may require to verify the truth of the matters set forth in the application.
12. A statement in writing and dated by the applicant certifying under penalty of perjury that all information contained in the application is true and correct.
G. Each permit issued under this section shall expire two years from the date of issuance.
H. An unrevoked permit may be renewed for two years by filing, under penalty of perjury, a written application on forms provided by and submitted to the Chief of Police. The renewal fees accompanied with the application may be established by resolution of the city council.
I. A business establishment permit required under this section shall be in addition to any license, permit, or fee required under any other chapter of this Code.
J. A permit holder shall notify the Chief of Police whenever there is a change in information that was required to be submitted in the application. Such notification shall be in writing and made within ten business days of the change.
K. The Chief of Police shall complete an investigation of the qualifications and moral character of the applicant and either grant or deny the permit within 90 days after the submission of the completed application; provided, however, if good cause exists, the Chief of Police may extend the period of investigation for an additional 30 days, provided the applicant is mailed notification or verbally notified that the investigation has not been completed.
(Ord. 7709, § 1(Exh. A), 2025)
